San Francisco County Municipal Code Art. XVI Miscellaneous Provisions

Sec. 16.101. Acquisition of Public Utilities. Sec. 16.103. Utility Revenues and Expenditures. Sec. 16.104. Airport Revenue Fund. Sec. 16.105. California Academy of Sciences. Sec. 16.106. Cultural, Educational and Recreational Appropriations. Sec. 16.107. Park, Recreation and Open Space Fund. Sec. 16.108. Children and Youth Fund. Sec. 16.108-1. Children, Youth and Their Families Oversight and Advisory Committee. Sec. 16.109. Library Preservation Fund. Sec. 16.110. Housing Trust Fund. Sec. 16.111. Franchises. Sec. 16.112. Citizen Participation; Public Notices, Hearings and Access to Public Documents. Sec. 16.113. Severability. Sec. 16.114. Powers of Inquiry and Review. Sec. 16.115. Heading and Captions. Sec. 16.116. Appendix A – Employment Provisions. Sec. 16.117. Appendix B – Port Agreements. Sec. 16.118. Appendix C – Ethics Provisions. Sec. 16.119. Appendix D – Building Inspection Provisions. Sec. 16.120. Customer Service Plan. Sec. 16.122. Right to Vote on Any Project that Would Place 100 Acres or More of Fill in San Francisco Bay. Sec. 16.123. Civilian Positions within the Police Department. [The Public Education Enrichment Fund Amendment of 2014] Sec. 16.123-1. Public Education Enrichment Fund; Preamble. Sec. 16.123-2. Public Education Enrichment Fund. Sec. 16.123-3. Arts, Music, Sports, and Library Programs. Sec. 16.123-4. Universal Access to Early Education.

Sec. 16.123-5. Direct Financial Support for the San Francisco Unified School District. Sec. 16.123-6. Expenditure Plans. Sec. 16.123-8. Adjustments. Sec. 16.123-9. State Redistribution of Local Education Revenues. Sec. 16.123-10. Sunset. — Sec. 16.124. Board of Supervisors Authorized to Respond to Certain Orders or Requests for the Production of City Records. Sec. 16.125. Domestic Partnership. Our Children, Our Families Council Sec. 16.127-1. Our Children, Our Families Initiative and Council; Preamble. Sec. 16.127-2. Our Children, Our Families Council; Creation. Sec. 16.127-3. Our Children, Our Families Council; Purpose. Sec. 16.127-4. Our Children, Our Families Council; Composition. Sec. 16.127-5. Our Children, Our Families Council; Responsibilities. Sec. 16.127-6. Our Children, Our Families Council; Staffing. Sec. 16.127-7. Our Children, Our Families Council; Implementation. Sec. 16.127-8. Role of the Our Children, Our Families Initiative. Sec. 16.127-9. Responsibilities of the Our Children, Our Families Initiative. Sec. 16.127.10. Budget Review Process. Sec. 16.127-11. Our Children, Our Families Initiative; General Fund Expenditures. Sec. 16.127-12. Transfer of Duties to Initiative. [Dignity Fund] Sec. 16.128-1. Dignity Fund; Preamble. Sec. 16.128-2. Goals of the Dignity Fund. Sec. 16.128-3. Annual Contributions to the Fund. Sec. 16.128-4. Eligible Services. Sec. 16.128-5. Excluded Services. Sec. 16.128-6. Planning Cycle. Sec. 16.128-7. Evaluation. Sec. 16.128-8. Selection of Contractors. Sec. 16.128-9. Implementation. Sec. 16.128-10. Effect of Procedural Errors. Sec. 16.128-11. Advisory Committee. Sec. 16.128-12. Sunset. Sec. 16.128-13. Conforming Amendments. — Sec. 16.129. Street Tree Maintenance. Sec. 16.130. Privacy First Policy. — Sec. 16.131. Student Success Fund. Sec. 16.132. Affordable Housing Opportunity Fund for Seniors, Families, and People with Disabilities. Sec. 16.133. Discretionary Appropriations to the San Francisco Unified School District; Data Sharing Agreement.

Editor's Note: Former Sec. 16.100 was redesignated as Sec. 8A.114 by Proposition A, approved November 6, 2007.

It is the declared purpose and intention of the people of the City and County, when public interest and necessity demand, that public utilities shall be gradually acquired and ultimately owned by the City and County. Whenever the Board of Supervisors, as provided in Sections 9.106, 9.107 and 9.108 of this Charter, shall determine that the public interest or necessity demands the acquisition, construction or completion of any public utility or utilities by the City and County, or whenever the electors shall petition the Board of Supervisors, as provided in Sections 9.110 and 14.101 of this Charter, for the acquisition of any public utility or utilities, the Supervisors must procure a report from the Public Utilities Commission thereon.

Editor's Note: Former Sec.16.102 was redesignated as Sec. 8A.115 by Proposition A, approved November 6, 2007.

All buildings and improvements erected by or under the authority of the California Academy of Sciences, in or on property owned or controlled by the City and County, including but not limited to the Steinhart Aquarium, the original Natural History Museum, the Simson African Hall and the additions housing, among other things, the Alexander F. Morrison Planetarium and Auditorium, are the property of the City and County. However, the buildings and improvements, and the activities and personnel therein shall be managed and controlled exclusively by the California Academy of Sciences, except that employees of the City and County shall be subject to the personnel provisions of this Charter and their compensation fixed in accordance with this Charter and City and County funds are subject to the financial provisions of this Charter. The California Academy of Sciences shall submit to the Mayor and Board of Supervisors an annual financial statement of its activities in connection with the operation of the buildings described in this section. Nothing herein shall abrogate any trust by which any property of the California Academy of Sciences has been acquired.

The Board of Supervisors shall have the power by ordinance to grant to any person, firm or corporation, any franchise, including any renewal, extension, transfer or amendment thereof, for the use of any public right-of- way or public place within the boundaries of the City for the purpose of providing services to customers. Franchises may be granted only by a competitive process. Each franchise shall contain a specific and definite termination date which shall not be more than 25 years after its first effective date.

If any provision of this Charter, or its application to any person or circumstances is held invalid, the remainder of this Charter, and the application of such provision to other persons or circumstances, shall not be affected.

The Mayor, the City Administrator, the Controller, or any board or commission appointed by the Mayor, relative solely to the affairs under its control, may require such periodic or special reports of departmental costs, operations and expenditures, examine the books, papers, records and accounts of, and inquire into matters affecting the conduct of any department or office of the City and County, and for that purpose may hold hearings, subpoena witnesses, administer oaths and compel the production of books, papers, testimony and other evidence. The Board of Supervisors shall have the same powers of inquiry and review, including the power to issue subpoenas and compel the production of evidence, with respect to matters affecting the conduct of any department or office of the City and County.

The headings and captions in this Charter shall have no bearing on the meaning of the text, which shall be the exclusive source for interpretation and construction.

The following sections of the Charter of 1932, as amended, shall remain in effect as a part of this Charter as "Appendix A Employment Provisions," except that in instance of conflict or inconsistency between these sections of the Charter of 1932 and the body of this Charter, this Charter shall prevail, and subject to the following limitations and amendments:

1. All references to sections of "the Charter" or "this Charter" shall be construed to refer to the Charter of 1932, as defined above;
2. All definitions or descriptions included through such references shall remain in force, unless in conflict or inconsistent with definitions or descriptions in this Charter, or unless amended by the Board of Supervisors; and
3. Effective upon adoption of this Charter, references to "wife," "surviving spouse," "widow" or "widower" shall be construed to include "spouse," or "surviving spouse." The following sections from the Charter of 1932, as amended, shall be included in Appendix A with full force and effect, and each

shall be designated with a prefix "A":

Disciplinary Suspensions; Police and Fire Department Suspensions; Exoneration of Charges

Salaries and Wages for Teachers, Muni, Police, Fire and Miscellaneous Employees

The following sections from the Charter of 1932, as amended, shall be included in Appendix B with full force and effect, and each shall be designated with a prefix "B":

The provisions of Appendix B may be amended only pursuant to the provisions of state law governing charter amendments.

The following sections of the Charter of 1932, as amended, shall be included in Appendix C with full force and effect, and each shall be designated with a prefix "C":

PROVISIONS. The following sections from the Charter of 1932, as amended, shall be included in Appendix D with full force and effect, and each shall be designated with a prefix "D":

Department of Building Inspection

The provisions of Appendix D may be amended only pursuant to the provisions of state law governing charter amendments.

Each department of the City and County shall adopt an annual Customer Service Plan, in a format to be determined by the Board of Supervisors by ordinance. The Board may excuse a department from particular requirements of the ordinance where compliance would be inappropriate or impractical. Each department shall file its Customer Service Plan with the Board of Supervisors no later than February 1st of each year, along with a report on how the department met the previous year's Plan, if any. (Added November 1998)

The Board of Supervisors may, by a vote of three-fourths of its members, amend or repeal the voter approved Domestic Partnership Ordinance, as codified in Chapter 62 of the San Francisco Administrative Code, as it deems necessary (1) to eliminate any residency requirement for establishing a Domestic Partnership by filing with the County Clerk, (2) to recognize domestic partnerships formed in other jurisdictions to the same extent as marriages formed in other jurisdictions, and (3) to afford domestic partners, to the fullest extent legally possible, the same rights, benefits, responsibilities, obligations and duties as spouses. (Added March 2004) [OUR CHILDREN, OUR FAMILIES COUNCIL]

THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT;

DATA SHARING AGREEMENT. Beginning July 1, 2026 or a later date established by ordinance, the City may not make any payment to the San Francisco Unified School District (“District”) not required by this Charter or State law unless the District has entered into a data-sharing agreement with the City, under which the District agrees to share any appropriate and relevant data with the Our Children, Our Families Initiative, Department of Children, Youth, and Their Families, and the Department of Early Childhood (or any successor agency) during the period in which the District will use the discretionary funds. Any data-sharing agreement between the District and the City shall include terms requiring compliance with applicable State and Federal student privacy laws. (Added by Proposition J, Approved 11/5/2024)