Chapter 24B — RELOCATION APPEALS BOARD

Sec. 24B.1. Establishment; Appointment; Terms; Staff; Funding.

Sec. 24B.2. Scope of Ordinance.

Sec. 24B.3. Time and Place of Meeting.

Sec. 24B.4. Notice of Meeting.

Sec. 24B.5. Quorum.

Sec. 24B.6. Powers and Duties.

Sec. 24B.7. Adjustment and Settlement of Complaints.

Sec. 24B.8. Individual Remedies.

Sec. 24B.9. Repeal.

Sec. 24B.10. Public Meetings.

Sec. 24B.11. Severability.

(a) There is hereby established a board to be known as the San Francisco Relocation Appeals Board (hereinafter called "Board") consisting of five members, to be appointed by the Mayor and subject to the approval of the Board of Supervisors.

(b) One of the members who is first appointed shall be designated to serve for a term of one year; two for two years; and two for three years from the date of their appointments. Thereafter, members shall be appointed as aforesaid for a term of office of three years, except that all of the vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until a successor has been appointed.

(c) The Board shall elect a president from among its members. The term of office as President of the Board shall be for the calendar year or for the portion thereof remaining after each such president is elected.

(d) The Mayor shall be responsible for assigning a member of his office or any office under his jurisdiction the position of Executive Secretary to the Board. All other staff personnel of the Board shall be under the immediate direction and supervision of the Executive Secretary.

(e) The Board of Supervisors shall provide funds to pay for staff personnel, services and facilities as may be reasonably necessary to enable the Board to exercise its powers and perform its duties under this ordinance.

(f) The members of the Board shall serve without compensation; but each of the members shall be reimbursed for necessary expenses incurred in performance of duties, but not to exceed $15 per meeting and $45 per month.

(Added by Ord. 333-72, App. 11/14/72; amended by Ord. 25-00, File No. 992320, App. 2/25/2000)

This ordinance applies to appeals taken regarding individuals or families who are being, or have been, forced to relocate their homes or businesses by public action within the City and County of San Francisco by the City and County or any agency of the City and County of San Francisco. Nothing in this ordinance, however, shall be interpreted or applied so as to create any power or duty in conflict with the pre-emptive effect of any federal or State law.

(Added by Ord. 333-72, App. 11/14/72)

The Board shall meet at least once a month if there is business pending before the Board. The time and place of meetings shall be determined by rules adopted by the Board.

(Added by Ord. 333-72, App. 11/14/72; amended by Ord. 25-00, File No. 992320, App. 2/25/2000)

The members shall be notified of the time and place of meeting not less than 24 hours prior to said meeting.

(Added by Ord. 333-72, App. 11/14/72)

A quorum shall consist of a simple majority of the total Board members. No action may be taken by the Board at any meeting attended by less than the quorum. A decision by the Board shall require a simple majority of those members attending a meeting or hearing.

(Added by Ord. 333-72, App. 11/14/72)

In addition to the other powers and duties set forth in this ordinance, the Board shall have the power to:

(a) Study, investigate and hold hearings on grievances and disputes arising between displacing agency or any agency responsible for providing relocation services, and a relocatee who is dissatisfied with the relocation services;

(b) Require agencies to investigate grievances upon request of the Board and submit reports of investigations to the Board;

(c) Mediate disputes between displacing agency or agency responsible for providing relocation services and aggrieved party when requested to do so by aggrieved party; and

(d) Issue rules and regulations for the conduct of its own affairs.

(Added by Ord. 333-72, App. 11/14/72)

(a) Upon the filing with the Board of a signed complaint, specifying the nature of the grievance, the displacing agency and/or agency responsible for providing relocation services and the address to which notices may be sent, the Secretary shall notify said agency or agencies of the complaint and request said agency or agencies to submit a report to the Board within 15 days. An additional 15-day period may be granted by the Executive Secretary or President if necessary for the agency to complete its report. The Executive Secretary may attempt to resolve the complaint by conference, conciliation, persuasion or other means, shall maintain records of such attempts and shall submit such records and reports to the Board in accordance with said Board's wishes. If the aggrieved party is dissatisfied with any solution proposed by the Secretary, said party may request in writing that the matter be heard by the Board forthwith. Thereupon the Secretary shall set the matter for hearing by the Board and in writing notify the aggrieved party and the agency or agencies involved of the time and place of said hearing.

(b) Following the Secretary's investigation, provided attempts to resolve the complaint are unsuccessful, the complainant and agencies involved shall be notified of the time and place of hearing by mail. The date fixed for the hearing shall be not less than five days from the date of notice thereof. The hearing shall be informal and the complainant shall be entitled to bring counsel, witness and documentation. The Board's decision will be based on the complainant and any related evidence presented.

(c) If the Board determines that the complaint is unjustified or unsubstantiated, or that there is insufficient or inadequate basis for the complaint, the complaint shall be dismissed and the complainant shall be notified of this action by certified mail. Such notice shall also report the reasons for the dismissal.

(d) Where the Board determines that the complaint is well founded, the Board shall notify the displacing agency of its decision and make recommendation for the settlement of the dispute, giving the reasons therefor. The displacing agency or agency responsible for providing relocation services shall comply with the recommendation to the maximum extent permitted by law and governmental regulations. The complainant will be notified of the decision of the Board.

(Added by Ord. 333-72, App. 11/14/72)

Nothing in this ordinance or provisions thereof shall be construed as granting to an aggrieved party any right to pursue a civil action against the City and County of San Francisco or officer, employee, agency or representative thereof.

(Added by Ord. 333-72, App. 11/14/72)

Any ordinance or part of any ordinance conflicting with the provisions of this ordinance hereby is repealed to the extent of such conflict.

(Added by Ord. 333-72, App. 11/14/72)

All meetings of the Board shall be public.

(Added by Ord. 333-72, App. 11/14/72)

If any part or provision of this ordinance, or application thereof, to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this ordinance are severable.

(Added by Ord. 333-72, App. 11/14/72)