San Francisco County Municipal Code § 5008 Preemption

The City recognizes that in some circumstances state or federal law may govern some of the matters addressed in this Article 50. Nothing in this Article shall be interpreted or applied by a court or HRC or any other part 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, HRC is 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. Further, this Article does not prevent Colleges from inquiring about Criminal History where such inquiry is required by federal or state law or a government agency implementing federal or state law, but this Article does require that such an inquiry be limited to those aspects of inquiries regarding Criminal History that are necessary to comply with federal or state law. These examples are illustrative and do not limit the scope of the preemption principle stated in this Section 5008. (Added as Sec. 5007 by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated and amended by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019) (Former Sec. 5008 added by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated as Sec. 5009 by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019)