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(a) Purpose. There is hereby established a Public Works Commission. The Commission shall set policy directives and provide oversight for the Department of Public Works.
(b) Membership and Terms of Office.
(1) The Commission shall consist of five members, appointed as follows:
Seats 1 and 5 shall be appointed by the Board of Supervisors. Seat 1 shall be held by a registered professional engineer licensed in the State of California, with a background in civil, mechanical, or environmental engineering, and Seat 5 shall be an at-large position.
Seats 2 and 4 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors. Each nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed. Seat 2 shall be held by a registered architect licensed in the State of California, and Seat 4 shall be an at-large position.
Seat 3 shall be held by a person with a background in finance with at least 5 years in auditing experience, appointed by the Controller subject to confirmation by the Board of Supervisors. The nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed.
(2) Members of the Commission shall serve four-year terms; provided, however, the term of the initial appointees in Seats 1, 3, and 5 shall be two years.
(3) Commissioners may be removed from office at will by their respective appointing authority.
(c) Powers and Duties.
(2) The Commission shall oversee the Department’s performance, including evaluation of data collected by the Department, the Controller, and other City agencies.
(3) The Commission shall approve all contracts proposed to be entered into by the Department, provided that the Commission may delegate this responsibility to the Director of Public Works, or the Director’s designee.
(4) The Commission shall require the Director of Public Works, or the Director’s designee, to provide the Commission with proof of adequate performance of any contract entered into by the Department for public works involving the City’s infrastructure or public right of way, based on written documentation including documentation that the building official has issued a building or site permit and a final certificate of occupancy.
(5) The Commission shall perform an annual review on the designation and filling of Department positions, as exempt, temporary, provisional, part-time, seasonal or permanent status, the number of positions that are vacant, and at the Commission’s discretion, other data regarding the Department’s workforce. This function shall not in any way limit the roles of the Civil Service Commission or the Department of Human Resources under the Charter.
(d) Transition provisions.
(1) The Mayor, Board of Supervisors, and Controller shall make initial appointments to the Commission by no later than the Appointment Deadline, which shall be either noon on June 1, 2022, or an earlier date established by the Board of Supervisors by written motion adopted no later than January 1, 2022 by a majority vote of its members. The Commission shall come into existence either at noon on the 31st day after the Appointment Deadline, or at noon on the date that three members of the Commission have assumed office, whichever is later. The terms of all five members shall commence at noon on the 31st day after the Appointment Deadline, regardless of when the Commission comes into existence.
(2) The Commission shall have its inaugural meeting by no later than three months after the terms of the initial members begin.
(3) The Director of Public Works at the time the Commission comes into existence shall remain in that position unless removed from it in accordance with the Charter provisions governing removal of a department head serving under a commission. If a person is serving in an acting capacity as Director at the time the Commission comes into existence, the preceding sentence applies, except that the position shall also be considered vacant for purposes of the next sentence. If the position of Director is vacant for any reason, including removal of the incumbent Director, the position shall be filled in accordance with the Charter provisions governing appointment of a department head serving under a commission. In that event, a person removed from the position under the first sentence of this subsection may be considered for appointment to the position.
(Added by Proposition B, Approved 11/3/2020)