San Francisco Administrative Code Ch. 2A Executive Branch

CHAPTER 2A: EXECUTIVE BRANCH

ARTICLE I:

MAYOR; CITY ADMINISTRATOR; CONTROLLER

In case of a disaster which causes the Mayor to be absent or unavailable and the Supervisors for any reason whatsoever are unable to elect one of their number to act as Mayor or to fill any vacancy that might occur in the office of the Mayor, the following persons shall act as Mayor in the order of succession hereinafter designated: (1) President of the Board of Supervisors, (2) Chairman of the Finance Committee of the Board of Supervisors, and (3) the senior member of the Board of Supervisors, who is that member having the greatest number of years of service as a member of the Board, and in the event that one or more members have equal seniority then by alphabetical order of surname among such members. Said person so designated shall act as Mayor during such period of absence or unavailability of the Mayor until such time as the Supervisors can take appropriate action either to elect an acting Mayor or to fill the vacancy as the case may be.

(Added by Ord. 277-96, App. 7/3/96)

(a) The Controller shall annually make a complete financial report which shall be audited and distributed as provided in Charter Section 2.115.

(b) The Controller shall also produce reports that summarize City revenues and expenditures during the first sixand nine-month periods of each fiscal year, and during any other portion of the fiscal year that the Controller deems appropriate. Such summaries shall include the General Fund and selected funds and accounts of the City and shall include assets, liabilities, income, expenditures, appropriations and funds, in such manner as to show the financial condition of the City and County and of each department, office, bureau or division thereof, for the period covered, and with comparative figures for the similar period in the preceding fiscal year. The reports shall include statements showing the cash position of the City and County and the unencumbered balance in each fund. For each department with separate overtime appropriations in its annual operating fund under Administrative Code Section 3.17, the report shall include a statement showing the amount the department has expended to pay for overtime during the portion of the fiscal year covered by the report.

(c) The Controller shall also prepare monthly and transmit to all department heads concerned, reports showing the allowances, expenditures, encumbrances and unencumbered balances of each revenue and expenditure appropriation.

(d) The Controller shall transmit a copy of each report prepared under the Section 2A.19 to the Mayor and the Board of Supervisors.

(Added by Ord. 277-96, App. 7/3/96; amended by Ord. 166-13 , File No. 130541, App. 8/2/2013, Eff. 9/1/2013; Ord. 228-17, File No. 170764, App. 11/22/2017, Eff. 12/22/2017)

(a) The Controller shall audit the accounts of all boards, officers and employees of the City and County charged in any manner with the custody, collection, or disbursement of funds. The Controller shall audit all accounts of money coming into the hands of the Treasurer, the frequency of which shall be governed by State law.

(b) The Controller shall have the authority to audit the operations of all boards, commissions, officers and departments to evaluate their effectiveness and efficiency. The Controller shall have access to, and authority to examine all documents, records, books and other property of any board, commission, officer or department.

(c) When requested by the Mayor, the Board of Supervisors, or any board or commission for its own department, the Controller shall audit the accounts of any officer or department.

(d) Surveillance Technology Audit.

(1) For purposes of this subsection (d), “Department,” “Surveillance Technology,” “Surveillance Technology Policy,” and “Annual Surveillance Report” have the meanings set forth in Section 19B.1 of the Administrative Code.

(2) Acting as City Services Auditor, and beginning in fiscal year 2019-2020, the Controller shall audit annually the use of Surveillance Technology by Departments. Such an audit shall include a review of whether a Department has operated and is operating in compliance with an approved Surveillance Technology Policy ordinance, and has completed an Annual Surveillance Report, and such other information as the Controller determines helpful to assess the Surveillance Technology Policy. At the completion of the audit and in consultation with the City Attorney, the Controller may recommend any changes to any Surveillance Technology Policy ordinance and its implementation to the Board of Supervisors.

(Added by Ord. 277-96, App. 7/3/96; amended by Ord. 103-19, File No. 190110, App. 5/31/2019, Eff. 7/1/2019; Ord. 107-19, File No. 190568, App. 6/14/2019, Eff. 7/15/2019)

(A) There is hereby created within the Department of Administrative Services a Mayor's Office on Disability. The Mayor's Office on Disability shall assist City departments in making all programs, services, benefits, activities, and facilities owned, operated, or funded by the City and County of San Francisco accessible to and useable by individuals with disabilities, as may be required by the Americans with Disabilities Act (Public Law 101-336) and other disability rights laws and disability access regulations and codes.

(B) The Mayor's Office on Disability may issue policies and procedures with respect to compliance with the Americans with Disabilities Act (Public Law 101-336) and other disability rights laws and disability access regulations and codes. The Mayor's Office on Disability may, at its discretion, consult with City departments on the development of these policies and procedures. Such policies and procedures shall be subject to approval by ordinance of the Board of Supervisors and upon approval shall be binding on all City departments. (Added by Ord. 3-05, File No. 041487, App. 1/8/2005)

Any city administered or funded construction project requiring the Mayor's Office on Disability plan review or site inspection for compliance with Federal disability access laws and regulations shall pay a fee consistent with this section. For the purpose of this section, "plan review" includes reviewing and approving architectural drawings, site plans, and construction plans for compliance with Federal disability access laws and regulations prior to the commencement of work. For the purpose of this section, "site inspection" includes inspecting and approving all work for compliance with Federal disability access laws and regulations during the construction phase of the project.

(a) Plan Review and Site Inspection Fees. At the time the project sponsor submits its architectural drawings, site plans, and construction plans to the Mayor's Office on Disability, the project sponsor shall pay to the Mayor's Office on Disability a fee as set forth below.

Fee Schedule – New Construction:

Fee Schedule – Alterations:

For the purposes of this section, "Total Project Valuation" shall mean the amount as determined under San Francisco Building Code Section 107.2. In the absence of a waiver under subsection (b), this ordinance does not require the Mayor's Office on Disability to review the architectural drawings, site plans, and construction plans or conduct any site inspections until the project sponsor pays the fee established by this section.

(b) Waiver. The Director of the Office on Disability may waive the fees received under this section where the project sponsor demonstrates in a written application that payment of such fees would present an undue financial hardship on the project sponsor.

(c) Adjustment of fees by the Controller. No later than July 1st of each year, the Controller shall adjust the fee schedule to ensure that: (1) each fee produces sufficient revenue to support each fee category's costs for the next year, and (2) each fee does not produce revenue which is projected to materially exceed each fee category's costs for the next year. The Controller shall provide a copy of any adjusted fee schedule under this Section 2A.22.1 to the Mayor's Office on Disability. The Mayor's Office on Disability shall post the adjusted fee schedule on its website. The Controller's annual adjustment shall become operative on July 1st of each year.

(Added by Ord. 190-05, File No. 051002, App. 7/29/2005; amended by Ord. 168-12, File No. 120606, App. 7/27/2012, Eff. 8/26/2012)

(a) It is the policy of the City and County of San Francisco ("City") to provide reasonable modifications in its policies, practices, and procedures for all qualified people with disabilities and to provide these modifications quickly, easily, and with minimum burden to the person with the disability. Denial of a modification should occur only in situations for which the policy modification would fundamentally alter the program, service, or activity, or would constitute an undue financial and/or administrative burden.

(b) All City departments shall take the following steps to implement the City's reasonable modification policy for the benefit of the public:

(1) Provide notice, in accessible formats, to members of the public of their rights to ask for a modification in policies, practices, and procedures or the use of an auxiliary aid or service in order to accommodate a disability. (2) Respond to a request for a reasonable modification in a timely manner within – 72 hours, if feasible. A department should never delay providing life-preserving modifications.

(3) Provide adequate communication devices for people with disabilities requesting communication assistance, such as qualified interpreters, note-takers, computer-aided transcription services, written materials, audio recordings, computer disks, large print and Brailed materials, and assistive listening systems to ensure that the City will be able to

communicate effectively with individuals with disabilities, and that individuals with disabilities will be able to participate in the range of services and programs offered by the City.

(4) Provide appropriate training to staff members who will respond to requests for reasonable modifications.

(c) In working with a person who has a disability to address a reasonable modification request, City departments and their contractors shall not:

(1) Require a person with a disability to fill out a form, or provide medical documentation, in order to request or receive a reasonable modification, except as provided in subsection (c)(2), below.

(2) Inquire about the specific diagnosis or medical history of the requestor's disability. Most requests for reasonable modification to policies, practices and procedures to City services shall be granted readily unless a City department or contractor can demonstrate that doing so would constitute a fundamental alteration to the nature of its program or service or an undue financial and/or administrative burden.

Medical or written documentation shall be required only in cases where the reasonable modification request appears unusual given the circumstances, exceeds the level of excellent customer service expected of City staff and contractors or there is no apparent nexus between the disability and the requested modification. Medical inquiries shall be limited to documentation of specific functional limitations, including an explanation of how the functional limitation necessitates the need for the requested modification.

(d) The Mayor's Office on Disability ("MOD") shall maintain on its website a list of City-approved vendors who can provide auxiliary aids and services necessary for effective communication with individuals with disabilities. MOD shall also provide guidance and technical assistance to City departments that have questions about the appropriate response to a request for reasonable modification.

(Added by Ord. 90-10, File No. 10024, App. 4/30/2010)

(a) There is hereby created within the Department of Administrative Services an Office of Labor Standards Enforcement. The Office of Labor Standards Enforcement shall enforce the City’s Minimum Wage Ordinance (Article 1 of the Labor and Employment Code), Minimum Compensation Ordinance (Article 111 of the Labor and Employment Code), Health Care Accountability Ordinance (Article 121 of the Labor and Employment Code), Prevailing Wage Ordinances, and shall carry out any additional duties and functions as assigned by Charter or ordinance. The Office of Labor Standards Enforcement may enforce the provisions of the California Labor Code to the extent permitted by State law. The Office of Labor Standards Enforcement may impose penalties and take any and all appropriate action to enforce the requirements of such provisions, including but not limited to those set forth in San Francisco Labor and Employment Code Article 1, to the extent permitted by State law.

(b) The Office shall be administered by the Labor Standards Enforcement Officer, who shall be appointed by, and shall serve at the pleasure of, the Mayor. In appointing the Labor Standards Enforcement Officer, the Mayor shall consider, among other relevant factors, the individual's experience enforcing labor standards, including prevailing wage requirements, and the diversity of San Francisco in the construction industry. The Labor Standards Enforcement Officer shall coordinate his or her activities with federal and state labor standards agencies.

(c) All City departments shall cooperate with the Labor Standards Enforcement Officer and his or her designees. The Labor Standards Enforcement Officer shall have the authority to subpoena the production of books, papers, records or other items relevant to investigations under the jurisdiction of the Office of Labor Standards Enforcement. (Added by Ord. 5-06, File No. 051652, App. 1/20/2006; Ord. 205-06, File No. 060247, App. 7/25/2006)

The Office of the City Administrator shall be a department of the City. The City Administrator shall be appointed and may be removed as provided in the Charter. The department shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter. (Added by Ord. 204-04, File No. 040754, App. 8/5/2004)

(a) The City Administrator’s Office (the “City Administrator”) shall identify and report on all legislation introduced at the Board of Supervisors that may have a material impact on City procurement processes for goods and services as determined by the City Administrator.

(b) In preparing this analysis, the City Administrator shall analyze the legislation for factors such as but not limited to: (1) the impact on City operations; (2) the impact on contracting parties that may wish to contract with the City; (3) oversight responsibilities and procedures; (4) consistency in procurement policies; and (5) implementation considerations. The City Administrator may solicit assistance from the Purchaser, the Board of Supervisors’ Budget Analyst, the Controller, the Office of Labor Standards Enforcement (“OLSE”), the Contract Monitoring Division (“CMD”), impacted departments, and other public and private stakeholders as the City Administrator deems may be appropriate in the development of the analysis.

(c) The City Administrator’s analysis shall: (1) summarize the impact of the legislation based on factors such as those outlined above; (2) analyze the feasibility of the proposed operative date of the legislation given its anticipated impact; and (3) recommend ways the proposed legislation could be improved to mitigate adverse impacts or unintended consequences on City procurement processes.

(d) The City Administrator shall submit its analysis to the Board of Supervisors within 60 days of receiving the legislation from the Clerk of the Board, unless the President of the Board grants an extension prior to the expiration of the 60-day deadline, for legislation of unusual scope or complexity. The City Administrator’s analysis shall be submitted to the Board prior to the legislation being heard in committee, except if the City Administrator fails to provide the analysis by the 60-day deadline or by any extension approved by the President, the Board may proceed with consideration of the legislation without the analysis.

(Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 11/16/2025)

ARTICLE II:

DEPARTMENTS

Each elective officer in charge of an administrative office, the chief executive under a board or commission, the Controller, the City Administrator and each department head appointed by the Mayor shall have the powers and duties

of a department head, except as otherwise specifically provided in the Charter.

Each department head shall be immediately responsible for the administration of his or her department, and shall file an annual report and make such other reports, estimates and recommendations at the time and in the manner required by law, or as required by the Mayor, board or commission.

The department head shall act as the "appointing officer" under the civil service provisions of the Charter for the appointing, disciplining and removal of such officers, assistants and employees as may be authorized. On the written direction of the department head concerned, the head of any utility, institution, bureau or other subdivision of such department may be designated as the "appointing officer" for such utility, institution, bureau or other subdivision. Non-civil service appointments and any temporary appointments in any department or subdivision thereof, and all removals therefrom shall be made by the department head, bureau head or other subdivision head designated as the appointing officer.

The department head shall issue or authorize all requisitions for the purchase of materials, supplies and equipment required by such department, provided that, on the written direction of the department head concerned, the head of any utility, institution, bureau or other subdivision of a department may likewise be vested with such power. Each department head or the head of a utility, institution, bureau or other subdivision of each department shall be responsible for the proper checking of all materials, supplies and equipment ordered for its purposes, and for the approval or disapproval of bills for claims rendered for such materials, supplies or equipment.

The head of any department, through the Mayor if part of the Executive Branch under the Charter, shall recommend to the Board of Supervisors such ordinances as may be required to carry out the powers vested and the duties imposed, and to establish or readjust fees or charges for permits issued to or work performed for persons, firms or corporations when these are subject to the department's jurisdiction.

Each department head, through the Mayor if part of the Executive Branch under the Charter, may suggest the creation of positions subject to the provisions of the Charter, and may reduce the forces under his or her jurisdiction to conform to the needs of the work for which he or she is responsible.

(Added by Ord. 277-96, App. 7/3/96; amended by Ord. 204-04, File No. 040754, App. 8/5/2004)

The Board of Supervisors of the City and County of San Francisco hereby declares that all departments shall share responsibility for workers' compensation costs and shall more effectively monitor and manage workers' compensation costs for employees of the City and County of San Francisco. To achieve this purpose, effective January 1, 2001, it shall be required that:

(a) Department heads shall identify and utilize limited or modified duty assignments whenever practical for workers with disabilities;

(b) Department heads shall identify the person or persons with authority and responsibility for monitoring and managing workers' compensation costs and shall assist communications between the workers' compensation claims division and the injured employee;

(c) Operating managers at all levels shall be responsible for monitoring and managing workers' compensation costs and shall receive training for this purpose;

(d) Performance evaluations of individual managers shall include review of their management of workers' compensation claims and costs;

(e) City-wide budgeting and accounting mechanisms shall be established to allocate to each department its equitable share of workers' compensation costs;

(f) Automated data on employee workers’ compensation claims shall be produced and made available by the Controller and all departments, in form and frequency determined by the Human Resources Director to be sufficient to

permit effective analysis for department management of workers’ compensation costs;¹ (Added by Ord. 357-91, App. 10/2/91; amended by Ord. 18-95, App. 1/25/95; Ord. 103-00, File No. 000534, App. 5/26/2000; Ord. 250-00, File No. 001489, App. 10/27/2000; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

CODIFICATION NOTE

1. So in Ord. 99-26.

The chief executive officer of each department of the City and County is hereby designated as the officer in such department who shall ascertain and certify that all officers and employees within such department have taken the oath of affirmation or allegiance required by State law. The General Manager of the Civil Service Commission shall ascertain and certify that each officer so designated has taken such oath or affirmation of allegiance. (Formerly Sec. 18.10; amended by Ord. 161-68, App. 6/26/68; renumbered by Ord. 327-00, File No. 001922, App. 12/28/2000)

The Mayor shall prepare and maintain on a current basis a roster of officers and employees of the City and County appointed, elected or designated to serve on any board, commission or committee pursuant to Federal or State law or ordinance, resolution, joint exercise of powers agreement or any other agreement entered into by or on behalf of the City and County. The appointing authority shall, with respect to any officer or employee heretofore or hereafter appointed, elected or designated to serve on any such board, commission or committee, forthwith transmit written notification to the Mayor of such appointment, election or designation.

(Added by Ord. 12-73, App. 1/5/73; amended by Ord. 70-00, File No. 000357, App. 4/28/2000)

ARTICLE III:

CITY PLANNING

The Planning Department shall advise the Board of Supervisors and other departments, commissions and agencies of the City and County in any matter affecting the physical improvement and development of the City and County. All public officials shall upon request furnish to the Planning Department such information as it may require for its work and the Planning Department shall furnish to all departments and officials of the City and County such information as said departments and officials may require concerning the General Plan. (Added by Ord. 320-96, App. 8/8/96)

The Capital Planning Committee cannot act upon the annual capital expenditure plan, six-year capital improvement program, a capital improvement project or a long-term financing proposal such as, but not limited to, general obligation or revenue bonds or nonprofit corporation proposals until a General Plan referral report has been rendered by the Planning Department regarding conformity of the project with the General Plan. In order to complete the General Plan referral report in a timely fashion, early involvement of the Planning Department in the planning process is advised. The Planning Department is available to prepare a policy analysis report. This report will provide policy guidance for the planning and decision-making of the proposal and its alternatives.

If the Planning Department fails to render a General Plan referral report within 45 days after receipt of such referral, unless a longer time has been granted by the Board of Supervisors, said capital improvement plan shall be deemed to be in conformity with the General Plan. Procedures for General Plan referrals as set forth in Section 2A.53 of this Code shall be applicable.

Further, to facilitate rational prioritization of capital improvement projects over a six-year time period and within the resource and debt capacity, the Planning Department shall assist in developing a strategic plan for capital expenditures for use of the Capital Planning Committee and the Board of Supervisors.

(Added by Ord. 68-98, App. 2/26/98; amended by Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

(a) General. The Charter requires that the Planning Department prepare written reports regarding the conformity with the General Plan for the use of the Board of Supervisors prior to its action on the acquisition, vacation, sale, change in use or title of public property, subdivision of land, construction or improvement of public buildings or structures, plans for public housing or public-assisted private housing, or redevelopment project plans, within the City and County.

(b) Purpose. The General Plan is a compendium of policies on all aspects of the City and County's physical development, formulated with extensive public participation, adopted by the Planning Commission, and approved by the Board of Supervisors. In order to implement the public policy contained in the General Plan, the following procedures will be used in determining consistency with the General Plan and reporting the findings to the Board of Supervisors in a timely manner prior to action on the proposal. Early involvement of the Planning Department in the planning of a project or plan is advisable to avoid delays. The Planning Department is available to provide policy analysis reports on issues concerning the physical development of the city as a proactive information tool for decisionmaking and analysis of applicable public policy as contained in the General Plan.

(c) Applicability. The following actions by the Board of Supervisors require a written report from the Planning Department on the consistency of the proposed action with the General Plan:

(1) Proposed ordinances and resolutions concerning the acquisition, extension, widening, narrowing, removal, relocation, vacation, abandonment, sale or change in the use of any public way, transportation route, ground, open space, building, or structure owned by the City and County;

(2) Subdivisions of land within the City and County;

(3) Projects for the construction or improvement of public buildings or structures within the City and County, the annual capital expenditure plan, six-year capital improvement program, a capital improvement project or a long-term financing proposal such as, but not limited to, general obligation or revenue bonds or nonprofit corporation proposals;

(4) Project plans for public housing, or publicly assisted private housing in the City and County;

(5) Redevelopment project plans within the City and County;

(6) Programs and schedules which link the General Plan to the allocation of local, State and federal resources; and

(7) Any substantial change to any of the above actions.

(d) Application. Property owners, public agencies and their respective agents shall initiate General Plan referrals by filing a completed application containing all required information with the Planning Department and paying an initial fee set forth in the Planning Code. The remainder of the fee, based on time and materials, shall be paid prior to the transmittal of the General Plan referral report to the applicant or Board of Supervisors. The Planning Department shall determine whether the application is complete and shall notify the applicant and, in the case of an incomplete application, request the necessary information.

(e) Determination. For most General Plan referral applications, a written General Plan referral report stating that a proposed action is consistent with the General Plan, shall be transmitted to the applicant for submittal with the proposal to the Board of Supervisors in 45 days after accepting a complete application. If the response requires more than 45 days because of environmental review procedures, the complexity of the proposed action, public controversy generated by the proposal, or a public hearing before the Planning Commission, the Department shall notify the applicant and Board of Supervisors.

Proposals which are inconsistent with the General Plan, complex or have generated public controversy, shall require a public hearing and determination by the Planning Commission. The Planning Commission resolution finding a proposal in conformity with the General Plan shall be submitted to the Board of Supervisors and the applicant within five business days after receipt of payment.

(f) Board of Supervisor Action. Resolutions or motions for actions listed under Subsection (c) of this Section shall include a finding of consistency with the General Plan. The Planning Commission or Department's disapproval of a proposed action may be overruled by a vote of not less than two-thirds of the members of the Board of Supervisors. (Added by Ord. 68-98, App. 2/26/98; amended by Ord. 186-02, File No. 021418, App. 9/6/2002; Ord. 218-02, File No. 021609, App. 11/1/2002; Ord. 168-07, File No. 061537, App. 7/20/2007)

(Added by Ord. 264-13 , File No. 130734, Eff. 12/27/2013; repealed by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

ARTICLE IV:

DISTRICT ATTORNEY; POLICE

Any amount required by the District Attorney from time to time from the District Attorney's special fund shall be requisitioned by the District Attorney, stating the general purpose for which required, whereupon the Controller shall draw his warrant therefor and the claim be paid as provided for payment of other warrants by the Treasurer. All such sums may be used by the District Attorney solely as provided by general law and the District Attorney shall file vouchers with the Controller at the end of each fiscal year showing what disposition the District Attorney has made of any moneys received from such fund and the particular purpose for which it was disbursed, provided that, if a criminal proceeding be pending or under investigation, vouchers for moneys disbursed in such proceeding or investigation need not be filed until the trial of the criminal proceeding be ended or the investigation concluded. No portion of the fund shall be used for compensation or remuneration of full-time assistants or employees.

There shall be a Victim-Witness Assistance Program. The District Attorney shall work with other City Departments and public and private entities to provide assistance to victims and witnesses of crimes pursuant to Part 4, Title 6, Chapter 4, Article 2 of the California Penal Code. The program shall comply with the standards and the evaluation and reporting procedures set forth in Article 2 of the California Penal Code. The District Attorney Victim-Witness Assistance Program is the major provider of victim/witness assistance in the City and County of San Francisco. The program may request, solicit, receive and disburse funds from governmental and non-governmental sources under the provisions of Article XV, Sections 10.170 and 10.170-1 of the San Francisco Administrative Code.

There shall be a Warrant and Bond Office. The District Attorney shall appoint an assistant to have charge of the Warrant and Bond Office to be designated Warrant and Bond Deputy, and such additional assistants and clerks as may be provided by the budget and appropriation ordinances. No person shall be appointed Warrant and Bond Deputy who is not at the time of his or her appointment qualified to practice law in all the courts of this State. The Warrant and Bond Deputy shall keep his or her office open continuously night and day for the transaction of business; the Warrant and Bond Deputy shall draw and approve with his or her signature all complaints and warrants in criminal actions to be prosecuted in the Municipal Courts and any inferior court established by law in this City and County and possessing criminal jurisdiction; the Warrant and Bond Deputy shall have custody of all bail bonds and appeal bonds taken in such courts.

The Warrant and Bond Deputy may issue bail bonds and appeal bonds and order the discharge from custody of the persons for whom such bonds are approved by a magistrate. The Warrant and Bond Deputy may fix cash bail in misdemeanor cases where arrests are made without warrants and may take cash bail in all cases arising in the Municipal Court and any inferior court established by law in this City and County and possessing criminal jurisdiction, and may order the discharge from custody of the persons for whom cash bail is deposited with the Warrant and Bond Deputy.

In the matter of fixing bail and ordering the release of prisoners the Warrant and Bond Deputy shall be subject to the judges of the Municipal Court and the judges of any court in the City and County empowered by law to act as magistrates.

(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 107-00, File No. 000538, App. 5/26/2000)

(a) This Ordinance shall be known as the "Safe San Francisco Civil Rights Ordinance."

(b) The City and County of San Francisco, including but not limited to the San Francisco Police Department, may assist federal agencies on the Federal Bureau of Investigation ("FBI" ) Joint Terrorism Task Force or any successor task force, joint operation, assignment or enforcement activity (collectively, "JTTF") in preventing and investigating possible acts of terrorism and other criminal activity only in a manner that is fully consistent with the laws of the State of California, including but not limited to the inalienable right to privacy guaranteed by Article 1, Section 1 of the California Constitution, as well as the laws and policies of the City and County of San Francisco and, as applicable to the Police Department, that Department's policies, procedures, and orders.

(c) Before execution of any Memorandum of Understanding or other written agreement, contract or arrangement (collectively, "MOU") between the San Francisco Police Department and the FBI regarding the Police Department's participation on the JTTF, or any amendment to an existing MOU with the FBI regarding the JTTF, the Chief of Police shall submit the proposed MOU and any related Department General Orders or Bureau Orders for discussion and public comment at an open meeting of the Police Commission.

(d) By January 31 of each year, the Chief of Police shall provide to the Police Commission a public report with appropriate public information on the Police Department's work with the JTTF in the prior calendar year, including any issues related to compliance with this Section.

(Added by Ord. 83-12, File No. 120351, App. 5/9/2012, Eff. 6/8/2012)

The several ranks or positions in the Department shall be as follows: Chief of Police, captains, criminologists, lieutenants, inspectors, sergeants, assistant inspectors, police surgeon, police officers, police patrol drivers and women protective officers, and such other ranks or positions as the Police Commission may from time to time create as provided for in Section 2A.76 of this Code.

(Added by Ord. 320-96, App. 8/8/96)

The Police Commission shall by rule and subject to the fiscal provisions of the Charter, have power to create new or additional ranks or positions in the Department which shall be subject to the civil service provisions of the Charter; provided that the Police Commission subject to the recommendation of the Civil Service Commission and the approval of the Board of Supervisors may declare such new or additional ranks or positions to be exempt from the civil service provisions of the Charter. If the Civil Service Commission disapproves any such exemption, the Board of Supervisors may approve such exemptions by a majority vote of the members thereof.

The Police Commission may in their discretion designate the rank or ranks from which appointments to such exempt ranks or positions shall be made. The Chief of Police may appoint to any non-civil service rank or position above the rank of captain as may be created hereunder Department or any member of the Police Department who has had supervisory experience over other sworn law enforcement officers. If any new or additional rank or position is created

pursuant hereto pending the adoption of salary standards for such rank or position, the Police Commission shall have power to recommend the basic rate of compensation therefor to the Board of Supervisors who shall have the power to fix the rate of compensation for said new rank or position and it shall have the power, and it shall be its duty without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance to include the provisions necessary for paying the basic rate of compensation fixed by said Board of Supervisors for said new rank or position for the then current fiscal year.

The Police Commission shall also have power to establish and from time to time change the order or rank of the non-civil service ranks in the Police Department.

(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 44-99, App. 3/26/99; Ord. 218-09, File No. 091031, App. 10/29/2009)

Notwithstanding the requirements in Section 2A.76. the Chief of Police may appoint to any non-civil service rank above the rank of captain any sworn law enforcement officer who has had supervisory experience over other sworn law enforcement officers in any federal, state or local agency that employs sworn law enforcement officers, provided however that no more than one such officer may hold an appointment at any one time.

The authority to make appointments under this Section 2A.76-1 shall expire five years from the effective date of this ordinance. The expiration of the authority that this Section creates shall not terminate or otherwise affect any appointment that the Chief of Police made under this Section.

(Added by Ord. 218-09, File No. 091031, App. 10/29/2009)

Subject to the provisions of the Charter governing the appointment and removal of non-civil service appointees, and without competitive examination, the Chief of Police shall have power to appoint a police surgeon; to appoint any person who meets the qualification in Section 2A.76 or 2A.76-1 to any non-civil service rank above the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 of this Code; and to appoint a member to any non-civil service rank below the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 from among the members of the Department holding the rank or ranks designated by said commission pursuant to the provisions of Section 2A.76 of this Code. When any member of the Department, detailed to any of the positions above mentioned, shall be removed from said detail or position, he or she shall be returned to his or her civil service rank and position, unless removed from the Department pursuant to the provisions of Section A8.343 of the Charter.

(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 45-99, App. 3/26/99; Ord. 218-09, File No. 091031, App. 10/29/2009)

Assignment to the ranks of assistant inspector and inspector in the Police Department shall be made by the Chief of Police from among those members of said Department holding the ranks of sergeant or police officer who have qualified in the following manner; any of the aforesaid members of the Police Department who has served in the Department not less than three years shall be eligible to participate in a competitive examination for the rank of assistant inspector which shall be administered by the Civil Service Commission. The Chief of Police shall appoint

assistant inspectors to fill vacancies in the rank of assistant inspector from the certified list of qualified candidates as provided for under the Civil Service Rules pertaining to uniformed personnel of the Police Department. If any member of the Department appointed as an assistant inspector is a sergeant at the time of the appointment or is appointed a sergeant thereafter, that member shall receive the rate of compensation attached to the rank of sergeant.

Assistant inspectors shall serve a six-month probationary period. Appointment as inspector shall not be subject to competitive examination. In case of vacancy in said rank of inspector the appointment shall be made by the Chief of Police from among those holding the rank of assistant inspector who have actually served as assistant inspector for at least two years prior to such appointment; provided, however, that in the event there are no assistant inspectors who have actually served as such for at least two years prior to such appointment, the appointment may be made by the Chief of Police from among those holding the rank of assistant inspector who have completed their six months' probationary period prior to such appointment. The Chief of Police may, from time to time, detail members of the Department for performance of duty, without change in rank, in the various units and bureaus of the Department. Inspectors and assistant inspectors shall have the same rights as other members of the Department to take competitive examinations from their respective civil service ranks; provided, however, that any member of the Department holding the rank of inspector, assistant inspector or police officer may take the competitive examination for the rank of sergeant. An inspector or assistant inspector guilty of any offense or violation of the rules and procedures of the Police Department shall be subject to punishment as provided in Charter Section A8.343; provided, however, that in addition to the punishments set forth in Section A8.343, an inspector may be demoted to his or her civil service rank for any offense or violation set forth in said section and after trial and hearing before the Police Commission as set forth therein.

(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 202-01, File No. 010762, App. 9/28/2001)

Special Police Officers shall be subject to all the rules and regulations of the Department. (Added by Ord. 320-96, App. 8/8/96)

The Chief of Police shall have the power, by regulation, to provide for the care and restitution of property that may come into possession of any officer or employee thereof, and the sale at public auction of all such unclaimed property, as well as the disposition of such property as shall consist of weapons or articles used or that may be used in the commission of crime, or the sale or disposition of which is prohibited by law.

The Chief of Police may refuse to issue any permit that is subject to Police Department investigation and issuance, if it shall appear that the character of the business or the applicant requesting such permit does not warrant the issuance thereof, or the Chief of Police may revoke any such permit as soon as it shall appear that the business or calling of the person to whom it was granted is conducted in a disorderly or improper manner, or that the place in which the business is conducted or maintained is not a proper or suitable place in which to conduct or maintain such business or calling. The Chief of Police in the performance of police duties shall have power to examine at any time the books and the premises of pawnbrokers, peddlers, junk and secondhand dealers, auctioneers and other businesses designated by the Board of Supervisors, and for these purposes shall have the power of inquiry, investigation and subpoena, as provided by the Charter.

(Added by Ord. 320-96, App. 8/8/96)

The traffic function of the Police Department shall be under the jurisdiction of the Chief of Police, who shall have powers and duties relating to street traffic, subject to all applicable laws, as follows:

(a) To regulate all street traffic by means of police officers and the emergency use of temporary signs or devices; (b) To promote traffic safety education and to receive and give prompt attention to complaints in relation to street traffic and to refer all complaints relating to or arising from street design or from traffic devices, or the absence thereof, to the Department of Public Works or the Municipal Transportation Agency, as applicable;

(c) To collect and compile traffic accident data, copies of which shall be furnished to the Municipal Transportation Agency; and

(d) To cooperate and advise for the best performance of these functions, with the Department of Public Works, the Municipal Transportation Agency, the Fire Department, the Department of City Planning, the Board of Supervisors, and other departments and agencies of the City and County and of the State as may be necessary

(e) To review all proposed plans relating to traffic control devices that are received from the Municipal

Transportation Agency and to make such recommendations to that Agency as may be deemed necessary for the proper regulation of street traffic.

The powers and duties of the Chief of Police with respect to these traffic functions shall not modify to any extent the powers and duties of any other department or office, but shall be, first for the purpose of assisting the Chief of Police in his or her regulation of traffic, and, second, for the purpose of recommendation only, to other departments or offices upon matters within their jurisdiction, but affecting to any extent the regulation of traffic. (Added by Ord. 320-96, App. 8/8/96; Ord. 287-08, File No. 081340, App. 12/5/2008)

The Board of Supervisors shall have the power to appropriate to the Police Department an amount not to exceed in any one fiscal year the sum of $50,000 to be known as the contingent fund of the Chief of Police. The Chief of Police may from time to time, disburse such sums from such fund as in his or her judgment shall be for the best interests of the City and County in the investigation and detection of crime, and the Police Commission shall allow and order paid out of such contingent fund, upon orders signed by the Chief of Police, such amounts as may be required.

The Board of Supervisors shall have the power to appropriate to the Police Department an amount not less than $50,000 in any one fiscal year to be known as the narcotic fund of the Chief of Police. The Chief of Police may from time to time, disburse such sums from such fund as in his or her judgment shall be for the best interests of the City and County in the enforcement of the narcotic laws, and the Police Commission shall allow and order paid out of such narcotic fund, upon orders signed by the Chief of Police, such amounts as may be required. (Added by Ord. 320-96, App. 8/8/96)

(a) Policy. It shall be the policy of the City and County of San Francisco to engage in community policing. (b) Definition. Community policing is a philosophy and organizational strategy that includes community members in many aspects of police work and relies on partnerships between the San Francisco Police Department and community-based organizations, as well as city agencies and other public entities, including but not limited to the Department of Public Health, the Department of Children, Youth, and their Families, and the San Francisco Unified School District, in order to create safer communities, address the root causes of violence, and preserve healthy and vibrant neighborhoods in San Francisco. Community policing involves police officers working in collaboration with community leaders, residents and local businesses in proactive ways to identify public safety concerns and create inclusive solutions to community problems. Community policing depends on deep, transparent, and mutually

respectful relationships between police personnel and community members to sustain cooperative working relationships. An important element in effective community policing is that police personnel and community members familiar with the needs and strengths of a particular community play an important policing role within that community and be allowed to develop their own innovative solutions to problems.

Community policing is not an abstract ideal; rather, it requires that the San Francisco Police Department commit to a departmental structure and philosophy that supports community policing, that it create strong structures for partnership with community members, that it maintain strong programs and communication mechanisms to connect with and build relationships with the broader community, and that it sustain effective systems to hold police officers accountable. In addition to the work of the San Francisco Police Department, community policing requires the existence of independent community-based violence prevention programs in order to prevent and reduce crime, including violent crime.

In the City and County of San Francisco, community policing may include the following:

(1) Structure and Philosophy of the San Francisco Police Department.

(A) An organizational structure that supports community policing, which may include a high ranking Department member in charge of monitoring, evaluating, and continually improving the Police Department's community policing activities and strategies, community policing lieutenants designated at each district station, and consideration of community policing skilling, including community feedback, in assignment or promotion decisions as permitted by Civil Service, Memorandum of Understanding and other applicable requirements;

• (B) Officer foot patrols;

(C) Officers with advanced training in de-escalating dangerous situations including but not limited to those situations involving individuals in mental health crisis; and

(D) Ongoing training at all levels (academy, field, and in-services) in community policing for officers throughout their careers.

(2) Structures for Formal Partnerships Between the San Francisco Police Department and Community Members.

(A) Formal processes by which community members can interact and work with police personnel to discuss and problem solve neighborhood policing, community, and public safety concerns, for example, working groups, the existing Citizen Police Advisory Boards, or other advisory committees or boards;

(B) Training in community policing for community members on any advisor committees, boards, or working groups; and

(C) Mechanisms for annual review by civilian advisory committees, boards, or working groups, of adherence to this community policing policy and efficacy of the Department's community policing program.

(3) Community Relations.

(A) Community building activities such as Police Department sponsored mentorship programs for children, police participation in neighborhood and holiday celebratory events, town hall meetings, and community policing and violence prevention summits to explore issues and problems in particular communities or with particular people in the same demographic (e.g., youth, LGBT community, African-American community, Latino community, Native American community, Asian/Pacific Islander community, Middle Eastern community, homeless residents of San Francisco); and

(B) Regular two-way communication between personnel at the district stations and the community, which may include technological mechanisms to receive community feedback, district station newsletters, and use of social network tools.

(4) Effective Systems to Hold Officers Accountable.

• (A) Strong "early detection systems" to identify problem officers; and

(B) An effective Department of Police Accountability that is responsive in a timely fashion to community concerns and that provides an on-line complaints system where complainants can file and check the status of their complaints.

(5) Community Based Violence Prevention Programs. A vibrant network of community-based organizations that complement the work of the Police Department by operating a coordinated set of programs including street outreach, intensive case management, safe havens or evening programs, afterschool programs, job training, community run GED education, crisis response services, and behavioral health services for trauma.

(c) Police Department Polices and Procedures. The Board of Supervisors urges the Police Commission and the Chief of Police to review Department policies and procedures for consistency with the community policing policy, and as necessary amend those policies and procedures, including but not limited to Departmental General Orders 1.03 "Duties of Patrol Officers," 1.04 "Duties of Sergeants," 1.05 "Duties of Station Personnel," 1.06 "Duties of Superior Officers," 1.07 "Duties of Command Officers/Field Operations Bureau," 3.02 "Terms and Definitions," 3.09 "Department Awards," 3.11 "Community Oriented Policing & Problem Solving," 3.12 "Department Training Plan," 3.13 "Field Training Program," and 3.18 "Performance Improvement Program."

(d) The Police Commission, Mayor, and Board of Supervisors shall review the Police Department's policies, procedures, community partnerships, organization and operations on an annual basis to ensure compliance with the community policing policy.

(Added by Ord. 210-11, File No. 110221, App. 11/4/2011, Eff. 12/4/2011; amended by Ord. 232-17, File No. 170866, App. 12/8/2017, Eff. 12/8/2017)

(Added by Ord. 309-00, File No. 001625, App. 12/28/2000; amended by Ord. 272-04, File No. 041242, App. 11/9/2004; Ord. 46-11, File No. 110011, App. 3/10/2011; repealed by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

(a) Ten-Year Review. The boundaries of Police Department district stations should operate to maximize the effectiveness of police operations and the efficient use of police resources. No less than once every ten years, the Police Commission, in consultation with the Chief of Police, shall complete a comprehensive review of district station boundaries and make adjustments as appropriate.

(b) Data and Factors for Consideration. The Police Commission, in consultation with the Chief of Police, shall base the review of station boundaries on the following:

• (1) Population data, including but not limited to the results of the decennial federal census;

• (2) Data regarding non-residents including visitors, shoppers, workers and tourists who spend time in San Francisco;

(3) Proposed development or other activities that are likely to significantly alter the population of residents or non-residents in the following ten year period;

(4) Landscape features, whether natural or constructed, such as hills, waterways, major streets or transit lines, shopping districts, residential developments and parks;

• (5) Boundaries of neighborhoods and cohesive communities;

• (6) Areas with higher-than-average concentrations of children, youth and the elderly;

• (7) Number, type and frequency of policing activities, including calls for service and arrests;

(8) Anticipated needs for police resources, including but not limited to adequate staffing for (i) foot beats and community policing efforts, (ii) areas experiencing or at-risk for higher-than-average crime, and (iii) areas with a special need for policing services due to lower-than-average arrest and conviction rates;

(9) Capacity of police resources, including but not limited to district station facilities, information technology, communications systems and police personnel;

• (10) Neighborhood and community input; and

• (11) Other relevant factors as determined by the Police Commission and the Chief.

(c) Review and Adoption of New Boundaries. No later than the first January 1st following official publication of the results of the federal decennial census, the Chief of Police shall develop and submit to the Police Commission a work plan for a comprehensive review of district station boundaries. The work plan shall include timelines, a budget, and identification of functions that can best be performed by technical experts in other City departments or from outside the City.

Consistent with implementation of the work plan, including appropriate budgetary support for the project, the Chief of Police shall review the station boundaries, including all data described above. The following shall provide technical assistance to the Chief of Police, as requested; the Controller, the Director of the Mayor's Office of Criminal Justice, the Director of Planning, and any other officers or employees engaged in planning, forecasting, building or population analysis. As part of the review, the Chief, with the assistance of the Mayor's Office of Criminal Justice and any expert identified or retained to manage the project, shall conduct public hearings and gather input from all affected communities.

Based on consideration of all relevant information, the Chief shall submit to the Police Commission a report analyzing the existing boundaries and making a recommendation for boundary changes, if any are warranted. The Chief shall submit the report and recommendation no later than the second January 1st following official publication of the results of the federal decennial census.

The Police Commission shall consider the Chief's report and recommendations, and any other information it deems relevant, and shall propose changes to district station boundaries where appropriate. The Commission shall forward any proposed to adjust station boundaries to the Mayor and the Board of Supervisors. The Commission also shall post the proposal at the Commission offices, outside the Commission's regular meeting location, and on the City's website, and shall send a copy to the Public Library. The Commission shall allow a minimum of 90 days from the date of posting for public comment, before taking final action to adopt new station boundaries. During the 90-day period, the Commission may hold hearings, take testimony, consider written comments, and revise the initial proposal. After a minimum of 90 days from the posting of the initial proposal, the Commission may adopt new station boundaries.

The Commission, in consultation with the Chief, may set an effective date for implementation of the new boundaries, which shall occur no later than eighteen (18) months from the posting of the initial proposal. (Added by Ord. 243-06, File No. 060795, App. 10/4/2006; amended by Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

Editor's Notes:

This section was designated 2A.90 when enacted by Ord. 243-06, App. 10/4/2006. It was redesignated by the codifier when published, and subsequently officially redesignated by Ord. 75-14, Eff. 6/27/2014.

Former division (d) ("Transition Provision") expired on 1/1/2008.

SEC. 2A.87. PRESS ROOM TELEPHONES.

It shall be the policy of the City and County of San Francisco that the Police Department neither inspect nor make use of records of City telephones provided for the use of members of the news media in the Press Room at the Hall of Justice, except as authorized by search warrant or subpoena issued pursuant to local, state or federal law. Therefore, the City may not expend monies appropriated to the Police Department to fund the cost of providing these telephones. To the extent that the City incurs such costs, payment shall be drawn from the budget of the Department of Administrative Services.

(Added by Ord. 33-07, File No. 061641, App. 2/22/2007)

(a) Airport Bureau Staffing Review. The Chief of Police and the Director of the San Francisco International Airport shall jointly establish a methodology for assessing staffing needs for the Police Department Airport Bureau. In establishing that methodology, the Chief and Director shall consult with the Controller's Office. The methodology shall take into account passenger traffic at the Airport; security mandates and restrictions, including any imposed by the Transportation Security Administration and other government agencies; policing activity at the Airport, including calls for service and traffic responsibilities; and any other factors that the Chief and the Director determine are relevant. Using that methodology, the Chief and Director shall jointly determine the baseline number and type of personnel required to meet the security and policing needs of the Airport ("Baseline Personnel"). The Chief and Director shall establish the staffing-needs methodology and make the initial Baseline Personnel determination by no later than July 1, 2007. The Chief and Director shall review and where appropriate revise the staffing-needs methodology and the Baseline Personnel determination by July 1 each year thereafter.

(b) Redeployment of Airport Bureau Personnel. The Chief of Police shall create a plan to redeploy any full duty sworn Airport Bureau personnel above the sworn Baseline Personnel when the number of full duty sworn officers on the force in the City and County falls below the Charter-mandated level of 1,971 officers ("Staff Redeployment Plan"). The Chief shall design the Staff Redeployment Plan to provide maximum flexibility throughout the year to redeploy full duty sworn Airport Bureau personnel to the City and County to respond to staffing shortages, increases in crime or violence, or other circumstances that create a need for additional sworn personnel in the City and County. The Staff Redeployment Plan shall provide that any redeployed Airport Bureau personnel at the rank of officer or sergeant be assigned to District Stations, and that any redeployed Airport Bureau personnel at the rank of lieutenant or above be assigned based on the needs of the Department. The Chief shall create the Staff Redevelopment Plan by no later than July 1, 2007. The Chief shall review and where appropriate revise the Staff Redevelopment Plan by July 1 each year thereafter.

(c) Reporting. Beginning July 1, 2007, and continuing each July 1 thereafter, the Chief of Police shall report to the Mayor, the Board of Supervisors and the Police Commission on the following: (1) the staffing-needs methodology and Baseline Personnel determination for the Airport Bureau; and (2) the Staff Redevelopment Plan. Beginning July 1, 2008 and continuing each July 1 thereafter, the Chief of Police shall report to the Mayor, the Board of Supervisors and the Police Commission, data regarding any occasions during the prior fiscal year when the Chief redeployed sworn personnel under the Staff Redeployment Plan.

(Added by Ord. 97-07, File No. 070271, App. 5/4/2007)

(a) By not later than March 1, 2011, the Chief of Police or designee shall develop and implement procedures for collecting and testing deoxyribonucleic acid (DNA) evidence in sexual assault cases, and providing information and notices to sexual assault victims as provided in the California Sexual Assault Victims' DNA Bill of Rights, California

Penal Code Section 680. The procedures shall include the following time goals: (1) collect a DNA "rape kit" from a healthcare provider within not more than 72 hours of notification from a health provider; and (2) test DNA evidence obtained from a healthcare provider within not more than fourteen days of receipt. The procedures shall also include timeframes for testing any DNA evidence from a sexual assault crime scene. For purposes of this Section, testing DNA evidence shall include conducting an examination of the DNA evidence, developing a potential suspect profile, and uploading any profile obtained from the evidence to the Combined DNA Index System (CODIS).

(b) Accompanying the Mayor's budget submissions, for fiscal year 2011-2012 and continuing, the Police Department shall report on its performance in meeting the goals established by this Section.

(c) It shall be the policy of the City and County of San Francisco to appropriate sufficient funds each fiscal year for the Police Department to maintain the personnel and other resources necessary to ensure timely collection and testing of DNA evidence in sexual assault cases.

(Added by Ord. 317-10, File No. 101349, App. 12/21/2010)

ARTICLE V:

FIRE

The Chief of Department shall have power to send fire boats, apparatus and firefighters outside the City and County of San Francisco for fire-fighting purposes.

The Commissioners shall by rule and subject to the fiscal provisions of the Charter, have power to create new or additional ranks or positions in the Department which shall be subject to the civil service provisions of the Charter; provided that the Fire Commission subject to the recommendation of the Civil Service Commission and the approval of the Board of Supervisors may declare such new or additional ranks or positions to be exempt from the civil service provisions of the Charter. If the Civil Service Commission disapproves any such exemption, the Board of Supervisors may approve such exemptions by a majority vote of the members thereof. The Fire Commission shall designate the civil service rank from which a non-civil service rank or position shall be appointed. Appointments to any non-civil service rank or position as may be created hereunder shall hold civil service status in the Department in the civil service rank from which they were appointed. In no rank below that of Assistant Chief shall the compensation attached to a non-civil service rank or position equal to exceed the next higher civil service rank or position from which they were appointed and for this purpose the next higher civil service rank above H-2 fireman shall be H-20 lieutenant. If any new or additional rank or position is created pursuant hereto pending the adoption of salary standards for such

rank or position, the Fire Commission shall have power to recommend the basic rate of compensation therefor to the Board of Supervisors and said Board of Supervisors shall have the power to fix the rate of compensation for said new rank or position and it shall have the power, and it shall be its duty, without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance to include the provisions necessary for paying the basic rate of compensation fixed by said Board of Supervisors for said new rank or position for the then current fiscal year.

(Added by Ord. 320-96, App. 8/8/96)

Editor's Note:

Ordinance 243-06, App. 10/14/2006, added a section designated therein as 2A.90 to Article IV of this Chapter. That section ("Boundaries of Police Department District Stations") was codified as Sec. 2A.86. SEC. 2A.91. [REPEALED.]

(Added by Ord. 320-96, App. 8/8/96; repealed by Ord. 32-26, File No. 251143, App. 3/6/2026, Eff. 4/6/2026)

The several ranks or positions in the Fire Department shall be: Chief of Department; assistant chiefs of department; battalion chiefs; captains; lieutenants; engineers; chiefs operators; firefighters; pilots of fireboats and marine engineers of fireboats; captain, bureau of fire prevention and public safety; lieutenant, Bureau of Fire Prevention and Public Safety; lieutenant, Bureau of Fire Investigation; inspector, Bureau of Fire Prevention and Public Safety; and investigator, Bureau of Fire Investigation, and such other ranks or positions as the Fire Commission may from time to time create as provided for in Section 2A.90.

(Added by Ord. 320-96, App. 8/8/96)

The Chief of the Fire Department shall have the power to appoint and to remove, at the Chief’s pleasure, two Deputy Chiefs from among the members of the Department having the rank of Assistant Chief of Department or Battalion Chief; one Deputy Chief from among the members of the Department having the rank of Rescue Captain, Section Chief, Battalion Chief, or above, and who has served as a paramedic within the Department; and a Secretary to the Chief of the Department.

(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 179-22, File No. 220679, App. 8/4/2022, Eff. 9/4/2022; Ord. 32-26, File No. 251143, App. 3/6/2026, Eff. 4/6/2026)

The Chief of the Fire Department, with the approval of the Fire Commission, may appoint a Fire Marshal and assistants. The Board of Supervisors may empower the Fire Marshal to sell property saved or salvaged from any fire and for which no owner can be found. The Fire Marshal may call upon police officers to assist in the protection or salvaging of property and shall have such other powers and duties as by ordinance may be prescribed relative to the protection of property at fires and the storage of property salvaged therefrom. The Fire Marshal shall have such duties appertaining to the enforcement of laws relative to the storage, sale and use of flammable and combustible liquids, combustible materials and explosives as the Fire Commission by rule, or the Supervisors by ordinance, may prescribe. (Added by Ord. 320-96, App. 8/8/96)

The Chief of Department shall have jurisdiction, under the supervision of the Fire Commission, of the Division of Fire Prevention and Investigation consisting of the Bureau of Fire Prevention and Public Safety and the Bureau of Fire Investigation. The Chief of Department shall hold the Assistant Chief of Department, Division of Fire Prevention and Investigation, to the responsibility and authority for enforcement of laws and statutes of the State of California, and the Charter and ordinances of the City and County of San Francisco, pertaining to matters of fire prevention and fire investigation.

The Bureau of Fire Prevention and Public Safety shall inspect all hospitals, schools, places of public assemblage, and other premises regulated by Title 19 of the California Administrative Code, flammable liquid storage facilities, other hazardous occupancies as defined by the Building Code, and all occupied or vacated structures and premises to determine whether or not compliance is being had with statutes, regulations, and ordinances relative to fire prevention, fire protection and firespread control, and the protection of persons and property from fire. It shall enforce said statutes, regulations, and ordinances and shall report violations to other departments having jurisdiction.

The Bureau of Fire Prevention and Public Safety shall examine the application, plans and specifications for the erection, and for alterations or repairs estimated to exceed $1,000 in cost, of any hospital, school, place of public assemblage as defined in the Building Code, other premises regulated by Title 19 of the California Administrative Code, flammable liquid storage facility, or other hazardous occupancy as defined by the Building Code, subject to the statutes, regulations, and ordinances referred to in this Section, and shall also examine the applications, plans and specifications for all structures and premises insofar as they involve the location of standpipes. The Bureau of Fire Prevention and Public Safety shall by written report, filed with the Director of Public Works, approve such plans and specifications, or report to said Director of Public Works, the particulars wherein noncompliance exists, and upon modification of the application, plans and specifications to comply therewith, the Bureau shall inform said Director of its approval. No permit for alteration or repair exceeding $1,000 in cost of any hospital, school, place of public assemblage as defined in the Building Code, other premises regulated by Title 19 of the California Administrative Code, flammable liquid storage facility, or other hazardous occupancy as defined by the Building Code, or for the erection thereof, or involving the location of standpipes, shall be issued unless said approval is given.

Any structure or premises as provided in this Section wherein there exists any violation of statutes, regulations, or ordinances referred to in this Section, or which is maintained or used in such manner as to endanger persons or property by hazard or fire, explosion or panic and any structure or premises as provided in this Section hereafter constructed, altered or repaired in violation of said statutes, regulations, or ordinances, is hereby declared to be a public nuisance, and it shall be the duty of the Bureau of Fire Prevention and Public Safety to prosecute abatement proceedings.

The Bureau of Fire Prevention and Public Safety shall detail to the Department of Public Works such personnel as necessary to review and check plans relative to requirements of the Fire Code and shall report any particulars of noncompliance to the Director.

The Fire Department shall make recommendations to the Director of Public Works for possible revisions to the Building Code and Housing Code on matters of fire safety. (Added by Ord. 320-96, App. 8/8/96)

In the event that the services of any pilot, marine engineer or marine fireman holding permanent civil service status as such, hereinafter referred to as the said member, are no longer required in connection with fireboat operation due to curtailment of such operation by the City and County of San Francisco or due to the conversion from steam fireboats

to motorized fireboats, the said member on the basis of seniority in rank may be reassigned to duties of a position of some other rank in the Fire Department in which a vacancy in a permanent position exists and not carrying a higher compensation than the compensation of the rank previously held by said member, as the Chief of Department, with the approval of the Fire Commission, shall determine are within the said member's ability to perform, below the rank of lieutenant; provided, however, said member shall not be eligible for promotional examination in the Fire Department. Upon such reassignment the said member shall be declared to be permanently appointed to such new rank as if appointed thereto after examination and certification from a list of eligibles under the civil service provisions of the Charter, and said member shall have seniority therein from date of such reassignment and he or she shall receive the same rate of pay as would be applicable to any other member of such new rank having the same number of years of service in the Department. If no vacancy in a permanent position exists to which immediate reassignment may be made as indicated above, then such member shall be laid off from his or her position subject to reassignment as indicated above when such a vacancy does occur.

If at any time after such reassignment the said member's original position, or a similar position becomes available on fireboats under jurisdiction of the San Francisco Fire Department, the said member shall be assigned to such position in accordance with his or her seniority in rank in the Department, preference in such assignment being given to the said member having the greatest seniority. Upon such assignment the said member shall be declared to be reappointed to the rank said member held at the time he or she was transferred from such fireboat service and shall be restored to all the civil services rights and privileges appurtenant thereto, including such additional rights and privileges as may have accrued by reason of added seniority.

Nothing in this Section shall affect the said members pension and retirement rights and privileges. (Added by Ord. 320-96, App. 8/8/96)

Notwithstanding any other provision of law, the Fire Department shall maintain and operate neighborhood firehouses and emergency apparatus at the same location and to the same extent as existed on January 1, 2004, as is listed below.

Each such firehouse shall remain open 24 hours a day, and the emergency apparatus located at each firehouse shall be adequately staffed so as to be able to respond to a fire, medical or other emergency 24 hours a day. The Fire Department shall not close, abandon or consolidate any existing firehouse, or provide a level of service at that firehouse or for the apparatus within that firehouse, lower than that existing as of January 1, 2004, except as specified below.

In addition to the apparatus housed within each neighborhood firehouse as of January 1, 2004, as listed above, the Fire Department shall maintain and operate 24 hours per day the following: an arson/fire investigation unit; no fewer

than four ambulances; and four Rescue Captains (Medical Supervisors). The Chief of the Department shall determine which station will house those units.

The Fire Department, with the concurrence of the Fire Commission and subject to approval by the Board of Supervisors, may establish such additional firehouses as it deems necessary to meet the safety needs of the residents of the City and County of San Francisco. The Fire Department may relocate apparatus from one neighborhood firehouse to another only if the Chief, with the concurrence of the Fire Commission and approval by the Board of Supervisors, declares doing so is necessary to meet the safety needs of the citizenry and will not prevent servicing that neighborhood 24 hours a day. In no event may the Fire Department remove apparatus from a neighborhood firehouse if doing so prevents that firehouse from responding to fires and medical emergency calls from that location 24 hours a day.

A neighborhood firehouse listed above may be closed only for unsafe structural conditions, or if necessary to retrofit or renovate the building, or if it has been replaced by a new firehouse in that same neighborhood. Such closure must be recommended by the Fire Department, concurred in by the Fire Commission, and approved by the Board of Supervisors, and must be accompanied by a detailed plan for restoring adequate services to the neighborhood served by that firehouse as soon as possible.

Nothing in this Section shall prevent the Fire Department from temporarily closing a firehouse and moving the apparatus within it if that firehouse poses an immediate danger to public safety, provided that the Department shall seek the concurrence of the Fire Commission and the approval of the Board of Supervisors as soon as is reasonably possible.

Nothing in this provision shall diminish, interfere with or otherwise alter the Mayor's authority under Article III, Section 3.100(13)* of the Charter.

(Added by Proposition F, 11/8/2005)

• Editor's Note:

Charter Sec. 3.100(13) was redesignated as 3.100(14) by Proposition C, adopted at the November 2, 2010 election.

ARTICLE VI:

REAL PROPERTY; RECREATION AND PARK

The Director of Property shall have the charge of the purchase of real property and improvements required for all City and County purposes, and the sale and lease of real property and improvements thereon owned by the City and County, except as otherwise provided by the Charter. In the acquisition of property required for street opening, widening or other public improvements, the Director shall make preliminary appraisals of the value of the property sought to be condemned or otherwise acquired, and report thereon to the responsible officer. It shall be his or duty, in addition, to assist in such proceedings on the request of the responsible officer.

Except for the Convention Facilities Management Department, each department authorized by the approval of bond issues or by annual or supplemental appropriation ordinances to purchase or lease property or improvements needed for the purposes of such department shall make such purchases or leases through the Director of Property. The Director of Property shall make a preliminary valuation of the property to be acquired or leased and report the same to the department requiring such property. For such purposes the Director of Property may employ independent appraisers. The Director of Property shall conduct negotiations with the owner or owners thereof, at the conclusion of which the Director shall report the terms on which such sale or lease may be concluded, together with his or her recommendations thereon. The head of the department concerned may report to the Board of Supervisors and recommend acceptance or that proceedings in eminent domain be instituted for the acquisition of such property.

The Director of Property shall maintain complete records and maps of all real property owned by the City, which shall show the purchase price, if known, and the department in charge of each parcel, with reference to deeds or grants establishing the City's title.

The Director of Property shall annually report to the Mayor, the Controller, the Director of Administrative Services, and the Supervisors, the estimated value of each parcel and improvement. The Director of Property shall make recommendations to the Mayor and Director of Administrative Services relative to the advantageous use, disposition, or sale of real property not in use.

(Added by Ord. 277-96, App. 7/3/96)

The Recreation and Park Department shall have power to construct new parks, playgrounds, recreation centers, recreation facilities, squares and grounds, and to erect and maintain buildings and structures on parks, playgrounds, squares, avenues and grounds. Pursuant to Charter Section 16.107, the Recreation and Park Commission shall have the authority to prepare and approve the plans, specifications and estimates for all contracts and orders, and to award, execute and manage all contracts and orders for capital projects on real property under its jurisdiction or management. (Added by Ord. 352-96, App. 9/11/96; amended by Ord. 118-00, File No. 000478, App. 6/2/2000)

ARTICLE VII:

PUBLIC UTILITIES

The Public Utilities Department shall locate and determine the character and type of all construction and additions, betterments and extensions to utilities under its control, and shall determine the policy for such construction or the making of such additions, betterments and extensions from the public funds under its jurisdiction; provided that in

each such case it shall secure the recommendation of the Manager of Utilities, which shall be presented in writing and shall include analyses of cost, service and estimated revenues of all proposed or feasible alternatives in cases where it is deemed by the manager that such alternatives exist.

The Department shall also have power to enter into contract for the furnishing of heat, light and power for municipal purposes, and to supervise the performance and check the monthly bills under such contract. The Department shall provide adequate electric power to the municipal railway for its prudent use in providing transit services and related activities.

The Department shall have full power and authority to enter into such arrangements and agreements as it shall deem proper for the joint use with any other person, firm or corporation owning or having jurisdiction over poles, conduits, towers, stations, aqueducts, and reservoirs for the operation of any of the utilities under its jurisdiction.

The Department shall observe all City and County ordinances and the regulations of the Department of Public Works relative to utility openings, structures and poles in streets and other public places, as well as all ordinances and regulations relative to barricades, construction lights, refilling excavations and replacing and maintaining street pavements; and in connection with all such matters the said Department shall be subject to the same inspection rules and pay fees to the proper department in the same manner and at the same rates as any private person or corporation. The Department shall have charge of all valuation work relative or incidental to purchase proceedings initiated by the City and County for the acquisition of any public utility. (Added by Ord. 352-96, App. 9/11/96)

The Hetch Hetchy Project shall not be deemed completed until a specific finding of completion thereof has been made by the Public Utilities Commission and approved by the Board of Supervisors by a two-thirds vote of all members.

(Added by Ord. 352-96, App. 9/11/96)

The Public Utilities Department shall maintain separate accounts for each utility in such manner as to exhibit exact and complete financial results of ownership, management and operation; the actual cost of each utility; all costs of maintenance, extension and improvement; all operating expenses of every description; the general expenses of the Commission and bureaus thereof apportioned to each such utility; the amount paid or set aside for depreciation, insurance, interest and sinking fund; and estimates of the amount of taxes that would be chargeable against such property and the revenue thereof if privately owned and operated. All accounts shall be maintained in accordance with forms and requirements for public utilities engaged in like character of service, insofar as these shall be applicable to publicly owned and operated utilities.

(Added by Ord. 352-96, App. 9/11/96)

Foreign trade zones, as may be authorized by acts of Congress to be located in the City and County, are hereby declared to be public utilities within the meaning of the Charter. (Added by Ord. 352-96, App. 9/11/96)

The Public Utilities Department shall propose to the Mayor and the Board of Supervisors rates, charges or fares for the furnishing of service by any utility under its jurisdiction. The Public Utilities Department shall have power to collect by appropriate means all amounts due for said service, and to discontinue service to delinquent consumers and to settle and adjust claims arising out of the operation of any said utilities.

Rates may be fixed at varying scales for different classes of service or consumers. The Department may provide for the rendition of utility service outside the limits of the City and County and the rates to be charged therefor which may include proportionate compensation for interest during the construction of the utility rendering such service.

Before proposing any schedule of rates or fares, the Commission shall publish in the official newspaper of the City and County for five days notice of its intention so to do and shall fix a time for a public hearing or hearings thereon, which shall be not less than 10 days after the last publication of said notice, and at which any resident may present his or her objection to or views on the proposed schedule of rates, fares or charges.

Rates for each utility shall be proposed so that the revenue therefrom shall be sufficient to pay, for at least the succeeding fiscal year, all expenses of every kind and nature incident to the operation and maintenance of said utility, together with the interest and sinking fund for any bonds issued for the acquisition, construction or extension of said utility.

(Added by Ord. 352-96, App. 9/11/96)

ARTICLE VIII:

ARTS AND CULTURE DEPARTMENTS

No work of art shall be contracted for or placed or erected on property of the City and County or become the property of the City and County by purchase, gift or otherwise, except for any museum or art gallery, unless such work of art, or a design or model of the same as required by the Arts Commission, together with the proposed location of such work of art, shall first have been submitted to and approved by the Commission. The term "work of art" as used in this Section shall comprise paintings, mural decorations, stained glass, statues, bas reliefs or other sculptures; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration. No existing work of art in the possession of the City and County shall be removed, relocated or altered in any way without the approval of the Commission, except as otherwise provided herein. The Commission shall have similar powers with respect to the design of buildings, bridges, viaducts, elevated ways, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the City and County, and concerning arches, bridges, structures and approaches which are the property of any corporation or private individual and which shall extend over or upon any street, avenue, highway, park or public place belonging to the City and County. Said Commission shall so act and its approval shall be required for every such structure which shall hereafter be erected or contracted for, and may advise in respect to lines, grades and platting of public ways and grounds.

Nothing herein contained shall be construed to limit or abridge the legal powers of the governing boards of the War Memorial, the Fine Arts Museums or the Asian Art Museum.

The Commission shall supervise and control the expenditure of all appropriations made by the Board of Supervisors for music and the advancement of art or music.

The Commission shall exercise all reasonable supervision of policy connected with the arts as may hereafter be assigned to it by ordinance or executive action.

The Commission shall decide upon any expenditure of less than $1,000 within 15 days after submission, and upon any other matter within 30 days after submission. If it fails so to do, its decision shall be considered unnecessary. The Commission may volunteer advice or suggestion to the owners of private property in relation to the

beautification of the same; and any person contemplating to erect any building or make any improvement may submit the plans and designs or sketches thereof to the Commission for advice and suggestions, for which no charge shall be made by the Commission.

(Added by Ord. 352-96, App. 9/11/96)

(a) Cataloging, Care and Maintenance of Public Art Media. Consistent with Charter Section 5.103, the cataloging, care and maintenance of all sculptures, statues, murals, paintings and other art media belonging to the City and County of San Francisco, other than and excepting those located on properties under the jurisdiction and control of the San Francisco Unified School District, the charitable trust departments under Section 5.101 of the Charter, or the California Academy of Sciences, shall be under the jurisdiction of the Arts Commission.

(b) Authorization for Sale of Works of Art. When the Arts Commission determines that it would be advantageous to the City and County, a work of art under the jurisdiction of the Arts Commission may be sold or exchanged as

hereinafter set forth.

The Arts Commission may execute and accept all deeds of conveyance necessary and proper to effect a duly authorized sale or exchange. A work of art to be sold or exchanged shall be cataloged, listed and described with reasonable certainty and a copy of such catalog shall be furnished to the Purchaser.

(c) Exchange of Works of Art. The Arts Commission may exchange a work of art on such terms as the Arts Commission, by a 2/3 vote of the members of the Arts Commission, determines appropriate; provided that any exchange is subject to the approval of the Purchaser.

(d) Public Auction. A work of art under the jurisdiction of the Arts Commission may be sold at public auction to the highest and best bidder and the Arts Commission may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser.

(e) Sale at Other Than Public Auction. A work of art under the jurisdiction of the Arts Commission may be sold by private sale under the following circumstances:

(1) If the work is offered at public auction and no bids are received, or if the bids are rejected; or

(2) If the Arts Commission determines, by a 2/3 vote of the members of the Arts Commission, that the work may be sold on terms more advantageous to the City and County if sold through private sale. Any contract for the private sale of a work of art is subject to the approval of the Purchaser. A work of art on which bids have been rejected shall not thereafter be sold through private sale for less than the amount of the highest bid received.

(f) Reproductions or Adaptations. The Arts Commission may license the making of reproductions or adaptations of works of art under its jurisdiction.

(g) Disposition of Proceeds from the Sale or Exchange of a Work of Art or of a Reproduction or Adaptation

Thereof. All moneys received from the sale of a work of art under the jurisdiction of the Arts Commission, or from the licensing of the making of a reproduction or adaptation thereof, shall be placed in the Arts Commission Public Arts Fund as provided for in Section 10.100-30 of the Administrative Code. The monies in this fund attributable to the sale or exchange of a work of art shall be used exclusively for the purpose of acquiring or maintaining one or more other works of art.

(h) Traveling Exhibitions. The Arts Commission may charge a fee of up to $30,000 for organizing, producing, and sponsoring traveling art exhibitions for display at museums, cultural, and educational institutions. The Director of Cultural Affairs may determine the amount of the fee based on the size and value of the exhibition, the type of artwork in the exhibition, and any other factors the Director of Cultural Affairs deems appropriate in determining the amount of the fee. The loaning institution shall pay the fee within 30 days from the date of the Arts Commission invoice. The fee shall be distributed into the Arts Commission Public Arts Fund as provided for in Section 10.100-30 of the Administrative Code. The monies in this fund attributable to the traveling exhibition program shall be used to defray the costs incurred by the Arts Commission associated with the program and to support costs for Arts Commission gallery exhibitions. The Director of Cultural Affairs may establish such procedures as he or she deems appropriate to facilitate the traveling exhibition program.

Beginning with fiscal year 2019-2020, the Controller may, no later than May 15 of each year, adjust the maximum fee amount set forth in this subsection (h), without further action by the Board of Supervisors, to ensure that the Arts Commission recovers the costs incurred in organizing, producing, and sponsoring traveling art exhibitions and based on the fair market value of such services. The adjusted fee shall become operative on July 1 of that same year. (Amended by Ord. 416-82, App. 8/20/82; Ord. 24-00, File No. 992319, App. 2/25/2000; Ord. 167-14 , File No. 140623, App. 7/31/2014, Eff. 8/30/2014; Ord. 229-18, File No. 180755, App. 10/5/2018, Eff. 11/5/2018)

SEC. 2A.150.2.

(a) Artist Housing Certification Program and Registry. The Arts Commission (“Commission”) shall create and administer an Artist Housing Certification program. The purpose of the Artist Housing Certification program is to create a registry of artists who may qualify for affordable housing in San Francisco that is being programmed and/or prioritized for artists. For the purposes of this Section 2A.150.2, “affordable housing” shall have the same definition as a “100% Affordable Housing Project” under Administrative Code Section 109.1.

(1) The Commission shall maintain a registry of certified artists who have qualified for artist housing in San Francisco for use by other City and State agencies in their work to promote affordable housing in San Francisco, including, but not limited to, the Planning Department, Mayor’s Office of Housing and Community Development (MOHCD), the Office of Community Investment and Infrastructure (OCII), and Housing Authority of the City and County of San Francisco (SFHA).

(2) The Commission shall provide individuals with the opportunity to apply for an artist housing certification at least twice per year.

(3) An artist housing certification shall be valid for up to five years. Individuals may renew their artist housing certification as many times as desired provided they can demonstrate they continue to meet the criteria for certification, as provided in this Section 2A.150.2 and by the Commission.

(b) Rules and Regulations. The Commission may adopt rules and regulations to effectuate the intent of this ordinance, including expanding or modifying the eligibility criteria in subsection (c), and to implement an Artist Housing Certification program. MOHCD shall assist the Commission¹ develop and publish any guidance on how an affordable housing project can integrate priorities for artists with any applicable requirements for eligibility, marketing, and/or preferences under City funding or law. MOHCD shall also assist the Commission 1 develop and publish any guidance for artists regarding the certification process and any other eligibility requirements for affordable housing that may apply.

(c) Eligibility Criteria.

(1) Scope. The Artist Housing Certification program shall include, but is not limited to, artists working in one or more of the following disciplines:

(A) Performing Arts: such as, dance, music, theater and musicals, opera, circus/aerial arts, technical and production workers, and producers.

(B) Media Arts: such as, television, radio, documentaries, digital media, animation, new media, and production related arts and entertainment workers.

(C) Interdisciplinary Art: such as, installation art, public and performance art, and time-based experiential art.

(D) Literary Arts: such as, writers of fiction, creative non-fiction, plays, poetry, and lyrics.

(E) Visual Arts: such as, painting, drawing, sculpture, ceramics, printmaking, photography, mixed media, and design.

(F) Folk Arts and Crafts: such as, beadwork, masks, textiles, jewelry, and glass.

(G) Any other discipline the Commission includes or modifies in the rules and regulations.

(2) Application Process; Eligibility. Individuals seeking certification shall file an application with the Director of Cultural Affairs upon a form provided by Commission staff. The Director of Cultural Affairs shall include an artist on the registry upon a finding by Commission staff that the applicant meets any of the following criteria:

(A) The applicant provides documentation to demonstrate earnings over $10,000 annually for three out of the last five years from one or more of the disciplines listed above.

(B) The applicant has received a grant from a foundation, not-for-profit, federal, state, or local public agency, to produce art in one of the disciplines listed above within the past three years.

(C) If the applicant does not meet either of the criteria above, then the applicant will be evaluated based on engagement in and professional commitment to artistic practice, which will be evaluated and determined based on a

portfolio review by Commission staff.

(D) Any applicant whose application is denied may file a request for reconsideration in writing to the Director of Cultural Affairs, not later than 10 days after receipt of the notice of the decision.

(d) Sunset Date. This Section 2A.150.2 shall expire by operation of law if the Director of Cultural Affairs determines following consultation with MOHCD that no affordable housing projects prioritizing artists under this Artist Housing Certification program have commenced construction by May 31, 2031. Upon expiration, the City Attorney shall cause this Section 2A.150.2 to be removed from the Administrative Code. (Added by Ord. 219-25, File No. 250812, App. 11/21/2025, Eff. 12/22/2025, Oper. 5/31/2026) CODIFICATION NOTE

1. So in Ord. 219-25.

The Recreation and Park Department shall maintain and care for the grounds of the Museums, and shall furnish the monies for the necessary repair and embellishment of the grounds and unoccupied parts. (Added by Ord. 352-96, App. 9/11/96)

The Fine Arts Museums shall keep a full account of all property, money, receipts and expenditures, and a record of all Board of Trustees proceedings.

(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The City and County accepts from Moore S. and Hazel J. Achenbach the gift of a collection of etchings, engravings, lithographs and other forms of graphic art and drawings, consisting of approximately 75,000 works of art. Such collection shall be placed in suitable quarters in the buildings maintained by the California Palace of the Legion of Honor and shall remain in the custody, management, supervision and operation of and by the California Palace of the Legion of Honor. Portions of the collection shall be on exhibition for the inspection of the public during all times that the main building of the California Palace of the Legion of Honor is open.

In accepting the gift, provision will be made for the California Palace of the Legion of Honor to engage a curator and assistant curators for the collection, subject to the conditions herein elsewhere set forth, who shall be persons experienced in the collection and exhibition of graphic arts. They need not be residents of City and County, nor be subject to the civil service provisions of the Charter of the City and County. Their duty shall be to supervise the maintenance of the collection and designate the times when and the portions thereof to be placed on exhibition. Such other assistant curators shall be provided by the California Palace of the Legion of Honor for the proper maintenance, management, supervision, operation and storage of the collection.

In the event that the California Palace of the Legion of Honor should at any time fail to carry out the intent and conditions under which the gift is made, the objects of art shall revert to and become the property of the donors or the survivor, or in the event of their death, of such corporation, association or individual as the donors may designate, either in their joint wills or in the will of the survivor as between them, or in a joint declaration of trust that may be made during the lifetime of the donors, or in a declaration of trust that may be made by the survivor as between the donors. For the purposes of carrying out the intent of this Section, the Mayor is hereby authorized to enter into a

contract with Moore S. and Hazel J. Achenbach and execute any and all other papers or documents required for its accomplishment.

The collection shall be known and referred to at all times as the Achenbach Foundation For Graphic Arts. The provisions of this Section shall be subject to the budget and fiscal provisions of the Charter of the City and County.

(Res. No. 10629 (1939); amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The Board of Trustees of the Fine Arts Museums of San Francisco is hereby authorized to accept gifts, devises and bequests of objects of art or other articles to the M. H. de Young Memorial Museum, the California Palace of the Legion of Honor or the Fine Arts Museums solely for exhibition purposes when the acceptance of the same entails no expense on the part of the board beyond the ordinary care and maintenance of such objects of art or other articles. All gifts, devises and bequests of objects of art or other articles heretofore made to the aforesaid museums which entail no expense beyond the ordinary care and maintenance thereof for exhibition purposes are hereby accepted for the purposes for which they have been given.

Nothing in this Section shall be considered to approve or ratify the acceptance in the past or in the future of any gift, devise or bequest made to the aforesaid museums, the administration of which gifts, devises or bequests entails any expense beyond the care and maintenance of the objects of such gifts, devises or bequests for exhibition purposes. (Amended by Ord. 295-74, App. 6/12/74; Ord. 24-00, File No. 992319, App. 2/25/2000)

When, in the judgment of the Board of Trustees of the Fine Arts Museums of San Francisco, works of art or other articles in the possession of the museums are no longer fit for exhibition purposes in said museums, such works of art or other articles may be sold, exchanged or transferred as hereinafter set forth. Such works of art or other articles to be sold, exchanged or transferred shall be catalogued, listed and described with reasonable certainty. (Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)

The Board of Trustees may exchange such works of art or other articles for other works of art or other articles of equivalent value. The said Trustees may execute and accept all deeds of conveyance necessary and proper to effect such exchange.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)

The said Trustees may cause said works of art or other articles to be sold at public auction to the highest and best bidder, and may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

Should no bids be received, or if bids are received and rejected as unsatisfactory, or if the high bid fails for reasons beyond the control of the trustees, the work of art or other article may thereafter be sold by private sale by the Trustees; provided, that works of art or other articles on which bids have been rejected shall not thereafter be sold for amounts less than the amount the Trustees would have realized on the highest responsible bid. (Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The Trustees may sell works of art or other articles through the museum's store, at a fundraising event, or a similar publicly-accessible venue when the Trustees determine, based upon reasonable independent information, that such sale is likely to realize a market value greater than what is expected at public auction. (Added by Ord. 24-00, File No. 992319, App. 2/25/2000)

All moneys received from the sale of any work of art or other article sold pursuant to the provisions of this Article shall be placed in the trust fund of the Fine Arts Museums of San Francisco. Deposits in said trust fund shall be under the jurisdiction of the Board of Trustees. Said deposits in said trust fund shall be used for the purchase of other works of art and other articles to be exhibited in the Fine Arts Museums of San Francisco.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)

(a) The collections of the Fine Arts Museums of San Francisco contain certain objects which are no longer appropriate to the collections. Many such objects are of scientific, social, cultural or historic value, but of little monetary value and therefore not appropriate for sale or exchange. The Board of Trustees nonetheless has a duty of care towards these objects and must expend funds for the storage and conservation of the items. It is in the interest of the City and County of San Francisco that these objects, under appropriate circumstances, be transferred to other public and nonprofit institutions for preservation, study and display, thereby relieving the City of the responsibility and expense of storing and preserving these objects.

(b) The Board of Trustees may transfer title to a work of art or other article in the Fine Arts Museums' collections to another public or nonprofit institution when the transfer is in the public interest. A transfer to another institution is deemed to be in the public interest where the Board of Trustees makes the following findings:

• (1) The object is no longer appropriate to the Fine Arts Museums' collections; and

• (2) The scientific, social, cultural and/or historical value of the object outweighs its monetary value; and

• (3) The object is more likely to be preserved, studied and available to the public if it is transferred to the recipient institution than if it remains with the Fine Arts Museums of San Francisco or is sold.

(c) Where it is found to be in the public interest to transfer any object which is of historical or other interest to San Francisco, the object will first be offered to a San Francisco public or nonprofit institution.

(d) No work of art or other article in the Fine Arts Museums' collections may be transferred to another institution unless the transfer is approved by a majority of the members of the Board of Trustees. The Trustees may execute all deeds of conveyance necessary and proper to effect such transfer.

(Added by Ord. 347-89, App. 10/4/89; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the Asian Art Museum with respect to works of art or other articles in its possession. Funds from the sale of objects in the Asian Art Museum's possession shall be placed in the general art acquisition fund of the Asian Art Museum and shall be under the jurisdiction of the Asian Art Commission.

(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the San Francisco Airport Commission with respect to objects in its possession. Funds from the sale of objects in the Airport Museum's possession shall be placed in the Airport Museum's trust fund within the Airport Revenue Fund and shall be under the jurisdiction of the Airport Commission. Nothing in this Section is intended to limit or abridge the Arts Commission's authority with respect to works of art as set forth in Charter Section 5.103 and Administrative Code Section 2A.150.

(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

In addition to all other approvals required by law, plans for all proposed buildings and improvements of the California Academy of Sciences including any additions, must be approved by the Recreation and Park Commission and the Arts Commission. The Recreation and Park Commission is hereby authorized, subject to approval by the Board of Supervisors by ordinance, and subject to the provisions of Section 4.113 of the Charter, to set apart from time to time such portions of property under its control, as may be required for such buildings and improvements, sufficient grounds being allotted to secure the safety of the same from fire.

The erection of buildings or additions to buildings shall not be started by the California Academy of Sciences until it shall have submitted a statement satisfactory to the Recreation and Park Commission of its ability to finance the proposed work to completion. The Board of Supervisors shall, by ordinance, prescribe the insurance to be furnished by the California Academy of Sciences to save the City and County harmless from claims for damages to persons or property arising from the construction or use of any of said buildings. Reasonable and appropriate charges may be made by the California Academy of Sciences for admission to or use of the Alexander F. Morrison Planetarium and Auditorium.

(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 132-99, File No. 990583, App. 5/28/99)

Particular buildings or improvements or portions thereof may be named in memory of persons designated by the California Academy of Sciences.

(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

As used in Sections 2A.165.1 through 2A.165.3, the word "Trustees" shall mean the Board of Trustees of the War Memorial and Performing Arts Center of the City and County. (Amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The Board of Trustees of the War Memorial and Performing Arts Center, in exercising the powers granted to it under Article V of the Charter, relative to the construction, administration, management, superintendence and operation of the War Memorial and Performing Arts Center of the City and County, shall do so subject to the provisions of this Chapter.

(Ord. No. 8931 (N.S.), Sec. 1; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

(a) The Trustees shall have jurisdiction over the buildings and grounds of the War Memorial Opera House and War Memorial Veterans Building on the real property located in the City and County bounded by Van Ness Avenue, Grove, Franklin and McAllister Streets.

(b) The Trustees shall also have jurisdiction over the Louise M. Davies Symphony Hall and Harold L. Zellerbach Rehearsal Hall, including all of the buildings and grounds on the real property bounded by Van Ness Avenue and Hayes, Franklin and Grove Streets.

(Amended by Ord. 302-80, App. 6/27/80; Ord. 24-00, File No. 992319, App. 2/25/2000)

No gifts, devises or bequests, other than unconditional gifts, devises and bequests of cash, shall be accepted by the City and County for the War Memorial and Performing Arts Center without the consent of a majority of the Trustees. Any gifts, devises or bequests received by the Trustees on behalf of the City and County for any purposes connected with the War Memorial and Performing Arts Center, or incident thereto, shall be set aside in a special fund for the use and benefit of the War Memorial and Performing Arts Center.

(Ord. No. 8931 (N.S.), Sec. 4; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

Purchases of materials, supplies and equipment required by the Trustees shall be made in accordance with the provisions of this Code; provided, however, that specifications may be prepared under the direction of the Trustees for all equipment required by the Trustees and for material or supplies peculiar to the War Memorial operations and not in common use in other departments of the City and County. The Trustees may designate the particular brand, kind or make of any equipment which may be necessary in the conduct of the War Memorial.

(Ord. No. 8931 (N.S.), Sec. 9; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

(Added by Ord. 92-02, File No. 020637, App. 6/14/2002; amended by Ord. 25-03, File No. 030039, App. 2/21/2003; Ord. 96-05, File No. 050643, App. 5/20/2005)

Editor's Note:

Former Sec. 2A.166 ("San Francisco Museum and Historical Society Advisory Committee") expired by operation of its sunset clause on 6/1/2006.

ARTICLE IX:

AIRPORT

The Airport Commission shall have all the powers and duties in the possession, management, supervision, operation, use, maintenance, extension and control of the San Francisco International Airport and of all other airport properties wherever situated as it may acquire or which may be placed under its control.

In carrying out such powers and duties, the Airport Commission shall have the authority to enter into all contracts, leases and other agreements which relate to matters under its jurisdiction or to airport properties wherever situated or as it may acquire or which may be placed under its control subject to the Charter.

In locating and determining the character and type of improvements and additions, betterments or extension to airport properties under its control, the Commission shall, in each case, first secure the written recommendation of the Airport Director, including analysis of cost, service and estimated revenue of all proposed alternatives determined feasible by said Director. Subject to the provisions of Section 2A.110 of this Code, the Commission shall have the power to purchase, lease or otherwise acquire all such lands, property, improvements or related facilities as it may deem necessary or convenient in the exercise of the authority granted hereunder.

The Airport Commission shall have power to fix, change and adjust rates and charges for the furnishing of services, including the furnishing of utility services.

(Added by Ord. 439-96, App. 11/8/96)

The Airport Director shall hold office at the pleasure of the Commission. The Director shall have full power and authority to administer the affairs of the Commission as the chief executive officer thereof. The Director shall appoint or remove the heads of airport divisions under the Commission's jurisdiction. The heads of airport divisions shall be exempt from the civil service provisions of the Charter; provided, however, that said Director and each division head so appointed possess the necessary executive, administrative and technical qualifications for his respective position. In addition to the powers and duties conferred upon him or her as elsewhere provided in the Charter, the Airport Director shall have the power and it shall be his or her duty:

(a) To enforce all orders, rules and regulations adopted by the Commission relating to the regulation, operation or control of the funds, facilities, property and equipment of said Commission; and

(b) To supervise and manage the design, construction, maintenance and operation of all work or works authorized by the Commission and to that end, subject to its control and guidance, the Commission shall have the power to delegate to him or her such necessary powers and duties as are by the Charter or this Code conferred upon said Commission.

The Director shall also have the power to designate and assign by written permit lands, improvements, space or areas in any hangar or other building at any airport operated or controlled by the Department at the duly established rates or charges for the use thereof and subject to the applicable rules and regulations governing same. Each such permit shall be revocable by the Director without compensation to the permittee upon due notice to be stated therein. (Added by Ord. 439-96, App. 11/8/96)

As set forth in Section 1.25 of this Code, any agreement for the acquisition, lease, or permit of real property authorized under Administrative Code Chapter 2A, Article IX, with a Government Entity is exempt from any competitive process requirements under Chapter 2A, Article IX, or elsewhere in the Administrative Code and is not subject to the provisions in the Municipal Code, including but not limited to the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictionson1 contractors. This Section 2A.172 applies to all agreements for an acquisition, lease, or permit of real property, however they are titled, including any contract, memorandum of understanding, or similar instrument, memorializing mutual obligations between the Airport Commission and a Government Entity or Government Entities. For purposes of this Section 2A.172, “Government Entity” has the meaning set forth in Administrative Code Section 1.25(d), as may be amended from time to time..1

(Added by Ord. 107-24, File No. 240301, App. 5/24/2024, Eff. 6/24/2024) (Former Sec. 2A.172 added by Ord. 439-96, App. 11/8/96; repealed by Ord. 180-03, File No. 030870, App. 7/18/2003) CODIFICATION NOTE

1. So in Ord. 107-24.

The Airport Commission shall have power to negotiate and execute leases of airport lands and space in airport buildings, without necessity for competitive bidding, to any person, firm, or corporation engaged in air transportation, aviation support services, or the provision of utility services to the public (including, but not limited to, the provision of: telecommunications, electricity, water, gas or sewerage), or to any agency of government, for such purposes only; provided, that the original term of any such lease shall not exceed 50 years, nor shall any extension of such lease exceed a period of 50 years, except that a lease for aviation support services shall not exceed 10 years. Aviation support service leases shall be granted only to those entities performing a service which the Airport Commission determines is necessary to provide direct support to one or more air transportation providers. Such services include: servicing, cleaning and provisioning of aircraft; handling, transfer and temporary storage of cargo and mail; inspection, maintenance and repair of aircraft and ground service equipment; handling of passengers and baggage; operations support and crew administration; loading and unloading of passengers, baggage and cargo; fueling of aircraft and other ramp support services; and/or checkpoint screening and perimeter control. Construction, demolition, or development shall not be considered an aviation support service. The Commission shall also have sole power, subject to a competitive process and award to the highest or best responsible bidder or proposer to lease out any

concession wherein the concessionaire is to be given an exclusive right to occupy space on or in airport lands or buildings. There shall be no requirement for a competitive process in the award by the Commission of any concession in an instance where no exclusive right is given the concessionaire to occupy space on or in airport lands or buildings. The Airport Commission shall also have exclusive power to lease lands now devoted to airport purposes or lands that may hereafter be acquired and devoted to airport purposes for a period not to exceed 50 years. Section 23.6-3 of this Code shall not be applicable to leases referred to in this paragraph; provided, however, that no lease of airport lands or agreement which divests the City and County of the right to manage, operate or control the aircraft landing field, the entire part of the airport not devoted to the aircraft landing field, or the entire airport shall be made without the approval of the Board of Supervisors by ordinance and referral and submission to a vote of the electors of the City and County at the election next ensuing not less than 60 days after the adoption of such ordinance, and such ordinance shall not go into effect until ratified by a majority of voters voting thereon.

(Added by Ord. 439-96, App. 11/8/96; amended by Ord. 197-12, File No. 120689, App. 9/24/2012, Eff. 10/24/2012)

(a) Terminal 1 of the San Francisco International Airport shall be named for Harvey Milk.

(b) By no later than September 1, 2018, the Director of the Airport shall submit to the Arts Commission for the Commission’s approval a plan for design and placement of artwork in the terminal memorializing the life and legacy of Harvey Milk. If the Arts Commission makes a decision to not approve the plan for design or placement of the artwork, the Director shall submit an alternative plan for design or placement of the artwork to the Arts Commission within 30 days.

(c) By no later than December 1, 2018, the Director of the Airport shall submit a report to the Board of Supervisors and the Mayor describing the steps the Airport has taken and plans to take to implement this Section 2A.174 and publicize the name of the terminal, including plans for signage in the Airport and plans to place artwork in the terminal.

(d) The signage identifying the terminal for drivers, on the exterior of the terminal generally facing the roadway and the domestic parking garage, shall state “Harvey Milk Terminal” in a sign with lettering in which capital letters are at least four feet high, and, below “Harvey Milk Terminal,” shall state “Terminal 1" in a sign with lettering that is approximately seventy-five percent of the height of the lettering of the “Harvey Milk Terminal” sign.

(e) Additionally, wherever signage identifying “Terminal 1” appears on the interior or exterior of the terminal or Airport, the words “Harvey Milk” shall appear in equal or greater height.

(Added by Ord. 62-18, File No. 170872, App. 4/16/2018, Eff. 5/17/2018; amended by Ord. 75-19, File No. 190143, App. 4/26/2019, Eff. 5/27/2019)

ARTICLE X:

PARKING AND TRAFFIC

(Added by Ord. 439-96, App. 11/8/96; amended by Ord. 386-98, App. 12/24/98; repealed by Ord. 287-08, File No. 081340, App. 12/5/2008)

ARTICLE XI:

PUBLIC WORKS

(a) The Department of Public Works shall administer all capital improvement and construction projects, except projects solely under the Airport, Port, Public Utilities, or Recreation and Park Commissions, or the Municipal Transportation Agency’s Board of Directors.

(b) All examinations, plans, estimates, and construction administration services required by the City and County in connection with any public improvements, exclusive of those made by the Airport, Port, Public Utilities, or Recreation and Park Commissions, or the Municipal Transportation Agency’s Board of Directors, shall be made by the Director of Public Works, and the Director shall, when requested to do so, furnish information and data for the use of the Board of Supervisors.

(c) The Director of Public Works shall designate a deputy or other employee as City Engineer. The City Engineer shall possess the same power in the City and County as is or may from time to time be given by law to city engineers, and the official acts of the City Engineer shall have the same validity and be of the same force and effect as are or may be given by law to those of city engineers.

(d) The Director of Public Works shall designate a deputy or other employee as County Surveyor. The County Surveyor shall possess the same power in the City and County in making surveys, plats and certificates as is or may from time to time be given by law to county surveyors, and the official acts and all plats, surveys and certificates of the County Surveyor shall have the same validity and be of the same force and effect as are or may be given by law to those of county surveyors.

(e) Any and all references to the “Bureau of Architecture,” “Bureau of Engineering,” or “Bureau of Construction Management” in the San Francisco Municipal Code is deemed to be a reference to the “Department of Public Works.” Any reference to “San Francisco Public Works” or “Public Works” in the Municipal Code is deemed to be a reference to the Department of Public Works.

(f) The Director of Public Works shall be authorized to adopt regulations and to perform official acts within the regulatory authority of the Department of Public Works by approval and issuance of an order. (Added by Ord. 437-96, App. 11/8/96; amended by Ord. 118-00, File No. 000478, App. 6/2/2000; Ord. 284-04, File No. 041335, App. 12/14/2004; Ord. 233-11; File No. 110904, App. 12/1/2011, Eff. 12/31/2011; Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020)