San Francisco County Municipal Code Art. 49 Procedures for Considering Arrests and Convictions

AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS Sec. 4901. Policy. Sec. 4902. Findings. Sec. 4903. Definitions. Sec. 4904. Procedures for Use of Criminal History Information in Employment Decisions. Sec. 4905. Notice and Posting Requirements for Employers. Sec. 4906. Procedures for Use of Criminal History Information in Housing Decisions. Sec. 4907. Notice and Posting Requirements for Housing Providers. Sec. 4908. Exercise of Rights Protected; Retaliation Prohibited. Sec. 4909. Implementation and Enforcement of Employment Provisions. Sec. 4910. Employer Records. Sec. 4911. Implementation and Enforcement of Housing Provisions. Sec. 4912. Housing Provider Records. Sec. 4913. Rulemaking. Sec. 4914. Outreach. Sec. 4915. Other Legal Requirements. Sec. 4916. Preemption. Sec. 4917. City Undertaking Limited to Promotion of General Welfare. Sec. 4918. Severability. Sec. 4919. Operative Date. Sec. 4920. Conflict with Other City Laws.

Editor's Notes: See also Labor and Employment Code Article 142, “City Contractor/Subcontractor Consideration of Criminal History in Hiring and Employment Decisions.” Ordinance 176-13 enacted former Art.49, "Aerial Signs." That article expired pursuant to the terms of its sunset clause (former Sec. 4905) on September 30, 2013. Ordinance 234-06 repealed former Art. 49, which had pertained to parking station revenue control equipment, in its entirety. SEC. 4900. (Former Sec. 4900 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)

It is the policy of the City and County of San Francisco to enhance public health and safety by reducing recidivism and its associated criminal justice costs and societal costs, and facilitating the successful reintegration into society of persons with arrest and conviction records. This Article is enacted for the purpose of furthering this policy. (Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)

(Former Sec. 4901 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013) (Former Sec. 4901 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)

This Article provides the minimum requirements pertaining to the protection of applicants for employment, potential applicants for employment, employees, and applicants and potential applicants for the rental and lease of residential real property, and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard, or, with regard to employment, any provision of a collective bargaining agreement, that provides for greater or other rights of or protections for applicants, potential applicants, or employees. This provision shall apply both to laws, regulations, requirements, policies, standards, and collective bargaining agreements in existence at the time the Article becomes operative, and to those that come into existence thereafter. (Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)

(Former Sec. 4915 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)

The City recognizes that in some circumstances state or federal law governs some of the matters addressed in this Article. Nothing in this Article shall be interpreted or applied by a court or an agency of City government so as to create any requirement, power, or duty in conflict with federal or state law or with a requirement of any government agency, including any agency of City government, implementing federal or state law. Consistent with the foregoing preemption principle, for example, the OLSE and the HRC are authorized to not enforce any provision of this Article upon determining that its application in a particular context would conflict with federal or state law or with a requirement of a government agency implementing federal or state law. As another example consistent with the foregoing preemption principle, Employers may inquire about criminal convictions outside of the time periods set forth in this Article where required by federal or state law or a government agency implementing federal or state law. These examples are illustrative and do not limit the scope of the preemption principle stated in this Section 4916. (Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014) (Former Sec. 4916 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)

In enacting and implementing this Article, the City is assuming an undertaking only to promote the general welfare. The City 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. This Article does not create a legally enforceable right against the City. (Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)

If any part or provision of this Article including but not limited to a section, subsection, paragraph, sentence, phrase, or word, or the application thereof to any person or circumstance, is held invalid, the remainder of the Article, 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, provisions of this Article are severable. (Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)

This Article shall become operative on 180 days after enactment and shall have prospective effect only, measured from the operative date forward. Enactment occurs when the Mayor signs the ordinance creating the Article, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)

If there is a conflict between the requirements of this Article and any City law, rule or regulation existing as of the effective date of Ordinance No. 249-14, amending this Article, the requirements of this Article shall prevail. (Added by Ord. 249-14 , File No. 140878, App. 12/17/2014, Eff. 1/16/2015) ARTICLE 50:

CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS Sec. 5001. Title. Sec. 5002. Findings and Purpose. Sec. 5003. Definitions. Sec. 5004. Prohibition on Inquiring about Criminal History in Admissions Decisions. Sec. 5005. Notice and Posting Requirements. Sec. 5006. Implementation and Enforcement. Sec. 5007. Recordkeeping Requirements. Sec. 5008. Preemption. Sec. 5009. Severability. Sec. 5010. Construction.

This Article 50 may be referred to as the “Beyond the Box in College Admissions Ordinance.” (Added by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019)

If any section, subsection, sentence, clause, phrase, or word of this Article 50, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of the Article or application thereof would be subsequently declared invalid or unconstitutional. (Added as Sec. 5008 by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019) (Former Sec. 5009 added by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated as Sec. 5010 by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019)

(a) This Article 50 shall not be construed to require a College to give preference to or admit a student with a Criminal History. Moreover, this Article shall not be construed to limit a College’s discretion to choose its students from applicants, consistent with existing law and with this Article. (Added as Sec. 5009 by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019)