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HANDBOOK (For City Departments) LEGISLATIVE PROCESS BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO DOCUMENTS DEPT. May2001 Edition APR 16 2001 SAN FRANCISCO PUBLIC LIBRARY INTRODUCTION Trheifserheanncedbtooool.k iWshdielseitghniesdhtaondprboovoikdeprtohveicdietsydgeenpearratlmeinntfosrwmiatthioan,guitimdaeyanbde/or necessaryto consultwiththe Legislative Division ofthe Clerkofthe Board of SupervisorsOffice. Gloria L.Young Clerkofthe Board 9 JAN 2 9 SANFRANCISCOPUBLICLIBRARY 3 1223 05960 3648 Table ofContents San Francisco Legislative Process 1 Cover Letter Sample 5 Motion Checklist 6 Motion Boilerplate Format 8 Motion Sample 9 f/S 10 lat 12 13 SanFranciscoPublicLibrary 14 enf.InformationCenttr nat 16 PublicLibrary 5thFloor Sanl:..;!;.....--o,CA 94102 17 IEFERENCE BOOK est 18 ot to be taken from the Library srvisorto sponsor and introduce 1 ting nstructions 20 ucywu^,, ~ _ dule 21 Policy 22 Amendments: Minor Changes 23 Amendments: Major Changes 24 Grant package 25 Grant Resolution Boilerplate Format 32 Quick Reference 33 Who to Call 34 INTRODUCTION This handbook isdesigned to providethe citydepartments referencetool. Whilethis handbook provides general infor necessaryto consultwith the Legislative Division ofthe Cle SupervisorsOffice. Gloria L. Young Clerk ofthe Board SANFRANCISCOPUBLICLIBRARY II I I II III 3 1223 05960 3648 Table ofContents San Francisco Legislative Process 1 Cover Letter Sample 5 Motion Checklist 6 Motion Boilerplate Format 8 Motion Sample 9 Resolution Checklist 10 Resolution Boilerplate Format 12 Resolution Sample 13 Ordinance Checklist 14 Ordinance Boilerplate Format 16 Ordinance Sample 17 Ordinance, Legislative Digest 18 Department requests Supervisorto sponsor and introduce 19 legislation at a Board meeting Email to BOS Legislation Instructions 20 Legislation Deadline Schedule 21 Policy 22 Amendments: Minor Changes 23 Amendments: Major Changes 24 Grant package 25 Grant Resolution Boilerplate Format 32 Quick Reference 33 Who to Call 34 Digitized by the Internet Archive in 2012 with funding from California State Library Califa/LSTA Grant http://archive.org/details/handbookforcityd2001sanf San Francisco's Legislative Process LEGISLATIVEACTIONS Legislation consists ofordinances (municipal regulations or laws), resolutions (formal expression ofintention, opinion, orwill) and occasionally formal motions (a proposal foraction). Six votes are required to pass ordinances, resolutions and motions unless a greater number is required by State law, Charter provision, Ordinance or Board Rule. The Rules ofOrdercontain an index to votes required on various matters. A majority ofthose present is required to amend proposed measures and to approve most parliamentary motions. Ordinances are prepared bythe CityAttorney and approved as to form bythe CityAttorney. A Supervisormay request a draft ofan ordinance by submitting a request on an "introduction" form to the Clerk, who then requests the City Attorneyto prepare the ordinance. The Supervisor may also make the request directlyto the CityAttorney. Resolutions are usually prepared bythe office ofthe sponsoring Supervisor or prepared by staffwithin a City department. Motions are usually prepared bythe office ofthe sponsoring Supervisoror prepared by staffwithin a Citydepartment. LEGISLATIVEDIGEST The Board requests the CityAttorney's office to provide, as a routine practice, a briefdigest ofeach proposed ordinance ofmore than two pages, preferably so that it is available atthe time ofordinance introduction. The Board asks that each digest be briefand explain in as simple English as possible the effects of the ordinance on existing law. A cover letterfrom a department head may summarize the legislation. INTRODUCED LEGISLATION An ordinance or resolution is introduced in writing by a memberofthe Board by presenting itto the Clerk, pursuantto Board rules, or by presenting it in a Board meeting. When a department head, ora commission established bythe Charter, proposes an ordinance or resolution, it is normally broughtto the Office ofthe Clerk ofthe Board priortoWednesday noon, listed atthe rear ofthe Board agenda the following Monday, and considered introduced by the Board President atthattime. At a Board meeting, aftercompletion ofthe Board's action on legislation submitted by committees, each member is afforded an opportunity during "roll call" to introduce matters they have not previously submitted to the Clerk, including ordinances or resolutions for referenceto committee, requests for hearings to be held to considerspecific problems, and requeststhat letters of inquiry be sent. Under recentamendments to the Ralph M. Brown Act (the state law concerning open meetings) and San Francisco's Sunshine Ordinance, the Board cannottake action on items not on the agenda except in very, very limited circumstances. SUNSHINEORDINANCE The Sunshine Ordinance is a combination open meeting lawand public record laws. A copy ofthefulltext (Chapter67, Administrative Code) is available at http://www.ci.sf.ca.us/bdsupvrs/sunshine.htm THE LEGISLATIVE PROCESS: FIRST STEP Writethe legislation. Ordinances are normally prepared by : the CityAttorney atthe request ofa Supervisor, the Mayor, a department head, ora commission, based on a draft or otherwritten request. The CityAttorney must approve an ordinance as to form before its introduction. The City Attorneyprepares a briefdigest ofany ordinance ofmore than two pages. Resolutions, ifnot bond related, are normally prepared by a Supervisoror by a department requesting the action. More complex resolutions are sometimes prepared bythe City Attorney based on a draft submitted by a Supervisoror department. Citizens occasionallysubmit drafts of proposed resolutions to individual Supervisors. Resolutions authorizing grant expenditures must be accompanied bya Grant Information Sheet and bya "disability access checklist," and before submittal be approved bythe Mayor and bythe Controller's Grants Division. Resolutions concerning interim zoning controls and bonds mustfirst be approved bythe CityAttorney. SECOND STEP Havethe legislation introduced. Supervisors, the Mayor, : and department heads submit ordinances and resolutions tothe Clerkfor introduction. Supervisors may also introduce requests forcommittee hearings on a subject matterwithout having legislation. Upon introduction, the President ofthe Board refers legislation and subject matter hearing requeststo one ofthe standing committees for public hearing. 3 1223 05960 3648 THIRD STEP: Havethe legislation placed on a committeeagenda The Finance Committee meets each Wednesday. Other standing committees meet once ortwice a month. Committee chairs havejurisdiction on whether and when to calendar mattersfor hearing. Legislation is advertised to be heard ata committee meeting. Committees may not consider mattersthat have not been advertised in the official newspaper. There are some items that require special notices priortothe hearing. Checkwiththe Committee Clerk. FOURTH STEP: Obtain a recommendation fromthe committee. The public is invited to attend andto speak on any matterbefore the committee. In orderto be senttothefull Board, legislation needs the votes oftwo ofthethree members ofa committee, as introduced oras amended bythe committee. A committee may send legislation to thefull Board "without recommendation" or with recommendation of"do not pass." Othercommon committee actions areto "continueto a date certain," "continue tothe call ofthe chair,"or"table." Ifa committee has notacted on an ordinance orresolution within 30 days afterits referralto committee, any memberofthe Board may cause the matterto be "called from committee" and considered bythefull Board atthe next meeting (Refertothe Rules ofOrder). The Board, bya two- thirdsvote, maywaivethethirty-day rule (Referto Rules ofOrder regarding Committee Hearing on Major Policy Issues Deferred for30 Days). FIFTH STEP: Obtain the majorityvote (six ofthe eleven members) ofthe Board. Forordinances, this must be done attwo separate meetings. On some matters, such as overruling the Planning Commission, eight votes are required. Afew urgent orvery routine resolutions are adopted onthe daythey are introduced, without being referredto committee. Such matters require a unanimous vote ofthe Supervisors present. SIXTH STEP: Obtain the approval ofthe Mayor. Legislation is senttothe Mayor no laterthanthe day afterapproval bythe Board. The Mayorthen has 10 calendardaysto approve orveto legislation. Ifthe Mayorapproves an ordinance it normallygoes intoeffect 30 days afterthat approval. Ifthe Mayorapproves a resolution it goes into effect immediately. Ifthe Mayorvetoes legislation, it becomes effective only ifeight members ofthe Board votewithin 30 daysto overridethe veto. Ifthe Mayorneitherapproves nor vetoes, the legislation is deemed approved. ELECTRONIC COPY OF PROPOSED LEGISLATION An electroniccopyofthe proposed resolution, ordinance or motion shall be sent to the Clerk ofthe Board. THIRTY DAY RULE For major policy matters, the Board has a rule, which provides that legislation, which will create, orsignificantlychange City policy may not be heard bythe Board committee until 30 days after its introduction. Underthe rule, the Clerk, subjectto reversal bythe Board President, determines whetherthe legislation meets the standard ofthe rule. EFFECTIVE DATE OF ORDINANCES Most ordinances become effective atthe beginning ofthe 31stdayafterapproval bythe Mayor. That is sothatduring the 30-day period voters can sign a referendum petition. EFFECTIVE DATE OF RESOLUTIONS Most resolutions become effective on signature bythe Mayor.