Sec. 51.1. Policy.
Sec. 51.2. Definitions.
Sec. 51.3. Employer Interference in Personal Relationships of Employees Prohibited.
Sec. 51.4. Conflicts of Interest.
Sec. 51.5. Employer Prohibited from Testing of Employees.
Sec. 51.6. Medical Screening for Exposure to Toxic Substances.
Sec. 51.7. Prohibiting Use of Intoxicating Substances During Working Hours; Discipline for Being Under the Influence of Intoxicating Substances During Working Hours.
Sec. 51.8. Enforcement.
Sec. 51.9. City Undertaking Limited to Promotion of General Welfare.
Sec. 51.10. Preemption.
Sec. 51.11. Severability.
*Editor’s Note:
Former Police Code Article 33A (“Prohibition of Employer Interference with Employee Relationships and Activities and Regulations of Employer Drug Testing of Employees”) was redesignated as Labor and Employment Code Article 51 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.
It is the public policy of the City and County of San Francisco that all citizens enjoy the full benefit of the right to privacy in the workplace guaranteed to them by Article 1, Section 1 of the California Constitution. It is the purpose of this Article to protect employees against unreasonable inquiry and investigation into off-the-job conduct, associations, and activities not directly related to the actual performance of job responsibilities.
(Added as Police Code Sec. 3300A.1 by Ord. 527-85, App. 12/2/85; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
(1) Employee shall mean any person working for salary or wages within the City and County of San Francisco, other than members of the uniformed ranks of the police, sheriff’s and fire departments, police department communication dispatchers, and any persons operating emergency service vehicles for the City and County of San Francisco.
(2) Employee labor organization shall mean any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(3) Employer shall mean the City and County of San Francisco, any individual, firm, corporation, partnership, or other organization or group of persons however organized, located or doing business within the City and County of San Francisco, that employs personnel for salary or wages, or any person acting as an agent of such an organization.
(Added as Police Code Sec. 3300A.2 by Ord. 527-85, App. 12/2/85; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
No employer may make, adopt, or enforce any rule or policy forbidding or preventing employees from engaging or participating in personal relationships, organizations, activities, or otherwise restricting their freedom of association, unless said relationships, activities, or associations have a direct and actual impact on the employees’ ability to perform their assigned responsibilities.
(Added as Police Code Sec. 3300A.3 by Ord. 527-85, App. 12/2/85; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
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