San Francisco County Municipal Code Art. IV Executive Branch – Boards, Commissions and

DEPARTMENTS

Sec. 4.100. General. Sec. 4.100.1. Commission Streamlining Task Force. Sec. 4.101. Boards and Commissions – Composition. Sec. 4.101.1. Prohibition on Board Members and Commissioners Seeking Elective Office. Sec. 4.101.5. Hold-Over Service by Board and Commission Members. Sec. 4.102. Boards and Commissions – Powers and Duties. Sec. 4.103. Boards and Commissions – Annual Report. Sec. 4.104. Boards and Commissions – Rules and Regulations. Sec. 4.105. Planning Commission. Sec. 4.106. Board of Appeals. Sec. 4.107. Human Rights Commission. Sec. 4.108. Fire Commission. Sec. 4.109. Police Commission. Sec. 4.110. Health Commission. Sec. 4.111. Human Services Commission. Sec. 4.112. Public Utilities Commission. Sec. 4.113. Recreation and Park Commission. Sec. 4.114. Port Commission. Sec. 4.115. Airport Commission. Sec. 4.117. Entertainment Commission. Sec. 4.118. Commission on the Environment.

Sec. 4.119. Commission on the Status of Women. Sec. 4.120. Disability and Aging Services Commission. Sec. 4.121. Building Inspection Commission. Sec. 4.122. Youth Commission. Sec. 4.123. Youth Commission Membership; Appointment; Terms; Meetings; Compensation; Director. Sec. 4.124. Youth Commission – Purpose and Duties. Sec. 4.125. Jurisdiction. Sec. 4.126. Departments – General Provisions. Sec. 4.127. Police Department. Sec. 4.128. Fire Department. Sec. 4.129. Department of Administrative Services. Sec. 4.131. County Clerk. Sec. 4.132. Executive Branch Reorganization. Sec. 4.133. Homelessness Oversight Commission. Sec. 4.134. Small Business Commission. Sec. 4.135. Historic Preservation Commission. Sec. 4.136. Department of Police Accountability. Sec. 4.137. Sheriff’s Department Oversight. Sec. 4.139. Sanitation and Streets Commission. Sec. 4.140. Department of Public Works. Sec. 4.141. Public Works Commission.

REPORT. As of the operative date of this Charter and until this requirement is changed by the Board of Supervisors, each board and commission of the City and County shall be required by ordinance to prepare an annual report describing its activeties, and shall file such report with the Mayor and the Clerk of the Board of Supervisors. The Annual Report can be included in the Annual Statement of Purpose as provided for in Section 4.102(2).

The Fire Commission shall consist of five members appointed by the Mayor, pursuant to Section 3.100, for four-year terms. Members may be removed by the Mayor. In addition to any other powers set forth in this Charter, the Fire Commission is empowered to prescribe and enforce any reasonable rules and regulations that it deems necessary to provide for the efficiency of the Department, provided that the civil service and ethics provisions of this Charter shall control in the event of any conflict with rules adopted under this section. (Amended November 2003)

The Health Commission shall consist of seven members appointed by the Mayor, pursuant to Section 3.100, for four-year terms. The Commission shall have less than a majority of direct care providers. Members may be removed by the Mayor only pursuant to Section 15.105. The Commission shall control the property under its jurisdiction. The Commission and the Department shall manage and control the City and County hospitals, emergency medical services, and in general provide for the preservation, promotion and protection of the physical and mental health of the inhabitants of the City and County, except where the Charter grants such authority to another officer or department. The Commission and the Department may also determine the nature and character of public nuisances and provide for their abatement.

The Human Services Commission shall consist of five members appointed by the Mayor, pursuant to Section 3.100, for four-year terms. Members may be removed by the Mayor only pursuant to Section 15.105.

The Port Commission shall consist of five members who shall be appointed by the Mayor, subject to confirmation by a majority of the Board of Supervisors. Each of the members shall serve for a term of four years. They shall be subject to recall, suspension and removal in the same manner as an elected official. The Commission shall have the composition and organization, and the powers, duties and responsibilities with respect to the Port that are set forth in the Burton Act, Statutes of 1968, Chapter 1333, as amended, and in the Agreement Relating to the Transfer of the Port of San Francisco from the State of California to the City and County, executed on the 24th day of January 1969. The Commission shall be subject to the provisions of Sections 4.101 through 4.103 of this Charter, so far as those powers and duties are not inconsistent with the Burton Act and the Transfer Agreement as they are referred to in the above paragraph.

The Airport Commission shall consist of five members appointed by the Mayor, pursuant to Section 3.100, for four-year terms. Members may be removed by the Mayor only pursuant to Section 15.105. The Commission shall provide the Mayor with at least three qualified candidates for Director of Airports, related on the basis of executive, administrative and technical qualifications. The Commission shall have charge of the construction, management, supervision, maintenance, extension, operation, use and control of all property, as well as the real, personal and financial assets which are under the Commission's jurisdiction. Subject to the approval, amendment or rejection of the Board of Supervisors of each issue, the Commission shall have exclusive authority to plan and issue revenue bonds for airport-related purposes.

Editor's note

Former Section 4.116 pertained to the Parking and Traffic Commission. Proposition E, adopted November 2, 1999, enacted Charter Section 8A.112, which repealed Section 4.116, effective July 1, 2002.

The Commission on the Status of Women shall consist of seven members. Commission members shall be appointed by the Mayor, pursuant to Section 3.100, for four-year terms. Members may be removed by the Mayor only pursuant to Section 15.105. The Commission shall develop and recommend policies and practices for the City and County to reduce the particular impacts on women and girls of problems such as domestic violence, sexual harassment, employment and health care inequity, and homelessness, as well as advocate on behalf of women and girls in such areas. The Commission may be assigned additional duties and functions by ordinance or pursuant to Section 4.132.

COMMISSION. (a) The Disability and Aging Services Commission shall consist of seven members appointed by the Mayor, pursuant to Section 3.100, for four-year terms. Members may be removed by the Mayor. The Commission shall oversee the Department of Disability and Aging Services, including the functions of the Public Guardian/Administrator, as well as carry out any additional duties and functions assigned to the Commission by ordinance or pursuant to Section 4.132. (b) As of January 15, 2020, Seat 1 on the Commission shall be held by a person who is 60 years old or older; Seat 2 shall be held by a person with a disability, as defined under the Americans With Disabilities Act, who is 18 years old or older; and Seat 3 shall be held by a person who served in the United States military and who was discharged or released under conditions other than dishonorable. Seats 4, 5, 6, and 7, shall have no required qualifications in addition to those set forth in Section 4.101. (c) For the purpose of calculating the terms of particular seats on the Commission, Seats 1, 2, and 3 are hereby designated as the seats with terms ending on January 15, 2020. Notwithstanding Charter Section 4.101.5, members in those seats who do not as of January 15, 2020 hold the qualifications set forth in subsection (b) respectively may no longer serve in those seats. (Amended by Proposition I, Approved 11/8/2016; Proposition B, Approved 11/5/2019)

There is hereby established a commission to be known as the Youth Commission (hereinafter called "Commission") to advise the Board of Supervisors and Mayor on issues relating to children and youth. The Commission shall operate under the jurisdiction of the Board of Supervisors.

The Commission shall be under the jurisdiction of the Board of Supervisors; the Commission shall have only those powers created by Sections 4.122 through 4.125 or by ordinance of the Board of Supervisors.

Except as otherwise provided by this Charter, the responsibilities of each department within the executive branch shall be prescribed by ordinance. The administration and management of each department within the executive branch shall be the responsibility of the department head. Such officials may:

1. Appoint qualified individuals to fill all positions within their departments which are exempt from the Civil Service provisions of this Charter;

2. Adopt rules and regulations governing matters within the jurisdiction of their respective departments, subject, if applicable, to Section 4.102; and

3. With the approval of the City Administrator, reorganize their respective departments. No person serving on a board or commission created by state law to discharge a state function specifically within the City and County may be employed as a paid staff member to a board or commission created by this Charter.

The Fire Department shall perform duties and enforce all applicable laws pertaining to the protection from, and the prevention, suppression, control and investigation of fires. The Fire Chief shall cause the Fire Department to inspect all occupied or vacated structures to determine compliance with applicable laws relative to fire prevention, protection and control and also the protection of persons and property from fire. The Fire Chief may during a conflagration cause to be removed any structure for the purpose of checking the progress of the conflagration.

(Renumbered as Sec. 4.140 and amended by Proposition B, Approved 11/3/2020)

The County Clerk shall perform all duties of the County Clerk-Recorder until such office is merged into the Office of the Assessor- Recorder pursuant to Section 6.101.

The Mayor, by issuing a notice to the Board of Supervisors, may reorganize duties and functions between departments and other units of government within the executive branch. Such reorganization shall become effective 30 days after its issuance unless disapproved by the Board of Supervisors during that time. A proposed reorganization shall provide for the transfer of:

1. Civil service employees who are engaged in the performance of a function or duty transferred to another office, agency or department; such transfer shall not adversely affect status, position, compensation or pension or retirement rights and privileges;
2. Any unexpended balances of appropriations and other funds available for use in connection with any office, agency, department or function affected by the reorganization; any unexpended balance so transferred shall be used only for the purpose for which the appropriation was originally made, except as this Charter otherwise permits.

(Added by Proposition B, Approved 11/3/2020; repealed by Proposition B, Approved 11/8/2022)