Chapter 10A — [REQUEST FOR SHERIFF’S SERVICES]

Sec. 10A.1. Definitions.

Sec. 10A.2. Request for Sheriff’s Services.

Sec. 10A.3. Payment for Services.

Sec. 10A.4. Compensation.

Restrictions on Department Member Eligibility to Perform Supplemental Law Sec. 10A.5. Enforcement Services.

Sec. 10A.6. Administration and Reporting Requirements in Coordination with Chief of Police.

Sec. 10A.7. Requests for Services Limited to Requests Not Met by Police Department.

Sec. 10A.8. Undertaking for the General Welfare.

*Editor’s Notes:

Ordinance 221-21 and Ordinance 8-22, establishing Chapter 10A, did not provide a chapter name. The current chapter name was added by the editor as a placeholder and is not official.

Former Ch. 10A (“Pilot Foot Patrol Program”) expired by operation of its sunset provision on 1/1/2008.

For purposes of this Chapter 10A, the following definitions shall apply:

“City” means the City and County of San Francisco.

“Commercial” establishment means an establishment whose purpose is financial gain.

“Department” means the Sheriff’s Department.

“Requestor” means a private individual or private entity seeking additional personnel, equipment, or materials of the Department at special events or occurrences that happen on an occasional basis, for law enforcement purposes within the City.

“Retail” establishment means an establishment for the sale of goods, typically in small quantities, or services directly to the ultimate consumer or end user.

“Security Plan” means a plan drafted by the Requestor that adequately addresses the safety of persons and property associated with the special event or occurrence that is the subject of the request for Department services. This definition of “Security Plan” does not limit the discretion of the Department to impose more stringent requirements for a Security Plan as circumstances warrant.

“Sheriff” means the Sheriff or the Sheriff’s designee.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

(Former Sec. 10A.1 added by Ord. 274-06, File No. 060700; expired 1/1/2008)

(a) Any Requestor desiring supplemental Department law enforcement services within the City for special events or occurrences that happen on an occasional basis, may request the Sheriff to provide Department personnel to perform such services. Any request for such services shall include a Security Plan.

(b) The Sheriff may provide supplemental law enforcement services under this Chapter 10A only to Retail and Commercial establishments.

(c) If the Sheriff approves the request for Department services, the Sheriff shall include with the approval a written staffing plan that includes the number of personnel to be detailed in response to the request, the approximate personnel location assignments, the anticipated shifts for all detailed personnel, and the contact information of the Department employee to be assigned to supervise those personnel.

(d) If the Sheriff determines that the requested Department services will require dispatch services from the Department of Emergency Management, the Sheriff shall notify the Executive Director of the Department of Emergency Management (or designee), who may detail such personnel for such services in the number the Executive Director or designee determines to be necessary to perform the dispatch services.

(e) A Requestor whose request for Department services has been denied may submit a request for reconsideration of the denial to the Sheriff in writing within 10 days of receipt of the denial. A Requestor whose request for Department services has been approved may submit a request for reconsideration of the written staffing plan required under subsection (c) to the Sheriff in writing within 10 days of receipt of the written staffing plan.

(f) The Sheriff shall inform the Requestor in writing of the Sheriff’s final decision regarding any request for reconsideration made under subsection (e) within 10 days of receipt of the request for reconsideration.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

(a) The Requestor shall pay to the Department such sums of money as may be necessary to pay for the additional services, including any dispatch services provided by the Department of Emergency Management.

(1) The payment shall include a component for Department services, computed based upon the rate paid or payable to those uniformed officers of the Department actually performing services at the time they are to perform such additional services, and the cost of additional equipment and materials expended, together with an administrative overhead charge to cover the proportionate percentage of the Department’s administrative costs that are attributable in the Department’s reasonable discretion to the work performed pursuant to the request.

(2) The payment shall also include a component for any dispatch services provided by the Department of Emergency Management, which shall be computed by the Department of Emergency Management based on the rate paid or payable to the dispatch personnel actually performing services at the time they are to perform such additional duties.

(b) The Department shall provide an estimate of the payment for such services, including an estimate from the Department of Emergency Management for any dispatch services, to the Requestor within a reasonable time prior to the date service is to be rendered. The Requestor shall deposit the amount of estimated funds with the Department prior to the time that the Department renders the requested service. The Department may waive the deposit requirement if the Department reasonably believes that a waiver is justified based on criteria that the Sheriff shall determine and post on the Department website at least 30 days before accepting any requests for services under this Chapter 10A.

(c) Within a reasonable time after the services are rendered, the Sheriff shall determine the amount of payment due. The amount due shall be based on actual services performed by the Department and any dispatch services by the Department of Emergency Management.

(1) If the deposit pursuant to subsection (b) is insufficient to cover the actual cost of Department and dispatch services, the Sheriff shall notify the Requestor by United States mail to the address listed on the request for such services, and the Requestor shall have 10 days from receipt of the bill to pay the balance.

(2) If the amount deposited pursuant to subsection (b) exceeds the actual cost of Department and dispatch services, the Sheriff shall authorize and arrange payment of a refund of the excess to the Requestor.

(d) The Department shall deposit with the Treasurer such sums as received in a special account designated public facilities overtime account; provided, however, that the amount for the Department representing administrative overhead shall be deposited to the general fund unappropriated balance of funds, and the amount for the Department of Emergency Management’s dispatch services shall be transferred to the Department of Emergency Management.

surer such sums as received in a special account designated public facilities overtime account; provided, however, that the amount for the Department representing administrative overhead shall be deposited to the general fund unappropriated balance of funds, and the amount for the Department of Emergency Management’s dispatch services shall be transferred to the Department of Emergency Management.

(e) The Requestor shall indemnify, hold harmless, and defend the City, the Department, the Department of Emergency Management, and all City officers, agents, and employees, from and against all liability, judgments, or claims for personal injury, including but not limited to bodily injuries, or other claims, including but not limited to false arrest and false imprisonment, caused by or purportedly caused by such personnel in the rendering of such services.

(f) The City shall not waive payment for Department or dispatch services provided pursuant to this Chapter 10A except by ordinance.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

(a) For services performed in excess of the basic week of service, Department members shall be compensated on the basis of time and one-half in accordance with the ratio that said excess service bears to the basic week of service and the annual compensation as determined under Section A8.400 of the City Charter and applicable memoranda of understanding.

(b) Requested services from the Department and the Department of Emergency Management shall be compensated upon the basis of four hours per employee minimum per assignment.

(c) For services performed in excess of the basic work week, Department of Emergency Management personnel shall be compensated on the basis of time and one-half in accordance with the ratio which said excess service bears to the basic week of service and the annual compensation provided therefor in applicable memoranda of understanding.

(d) A member of the Department or Department of Emergency Management, detailed to perform services pursuant to this Chapter 10A, shall not be entitled to any additional overtime benefits other than those provided in this Section 10A.4.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

(a) Department members shall be ineligible to perform supplemental law enforcement services under this Chapter 10A under the following circumstances:

(1) The Department member is regularly scheduled to work during the hours for which the supplemental law enforcement services are requested;

or

(2) The Department member has used more than 20 hours of paid sick leave in the three months prior to the date of the request.

(b) For purposes of subsection (a), the calculation of hours of paid sick leave used by a Department member shall exclude:

(1) Leave for birth or adoption of a child;

(2) Bereavement Leave due to the death of a spouse/domestic partner, parent, child, or sibling. Bereavement Leave due to the death of a person not listed in this subsection (b)(2) shall be included;

(3) COVID-19 Sick Leave;

(4) Federal COVID-19 Sick Leave;

(5) Unpaid Leave;

(6) Unpaid Sick Leave;

(7) Disability Leave, provided that the Department member has filed a disability claim based on the disability. If that claim is denied, the calculation of paid sick leave shall be adjusted to exclude Disability Leave; and

(8) Paid Parental Leave.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

(a) The Sheriff shall consult with the Chief of Police or the Chief’s designee to ensure coordination between their respective departments in the administration of this Chapter 10A and of Chapter 10B. Coordination shall include identifying and prioritizing requests for services in areas of the City with the highest demand for those services and may include the execution of a memorandum of understanding between the Sheriff and the Chief of Police that addresses relevant operational and administrative implementation issues pertaining to the delivery of supplemental law enforcement services including, but not limited to, processing of requests, assignments of personnel, citations, arrests, bookings, report writing, report review, custodial transportation and investigations. Within 60 days of the execution of such a memorandum of understanding between the Sheriff and the Chief of Police addressing relevant operational and administrative implementation issues, the Sheriff shall transmit a copy of the memorandum of understanding to the Board of Supervisors.

(b) The Sheriff shall consider the recommendations of representatives of City Commercial and Retail establishments in the implementation and administration of this Chapter 10A.

(c) Within 90 days of the effective date of this Chapter 10A, the Sheriff, in consultation with the Chief of Police or the Chief’s designee, shall develop and report to the Board of Supervisors a written plan describing how the Sheriff will implement and administer this Chapter 10A. The plan shall include policies and procedures governing the delivery of services under this Chapter, including policies and procedures for field training, use of force, citations, arrests, bookings, report writing, custodial transportation, and investigations.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

The Sheriff may provide supplemental law enforcement services only to Requestors that demonstrate that the Chief of Police or the Chief of Police’s designee is unable to meet their request for supplemental Police Department services under the program established by Chapter 10B of this Administrative Code.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)

In enacting and implementing this Chapter 10A, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Added by Ord. 221-21, File No. 211031, App. 12/15/2021, Eff. 1/15/2022; Ord. 8-22, File No. 211283, App. 1/13/2022, Eff. 2/13/2022)