San Francisco Living Wage Coalition

     

      CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY

 

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    Sec. 12Q.1. Title.

 

    Sec. 12Q.2. Definitions.

 

    Sec. 12Q.2.1. Agency.

 

    Sec. 12Q.2.2. Agency Director.

 

    Sec. 12Q.2.3. City.

 

    Sec. 12Q.2.4. Contract.

 

    Sec. 12Q.2.5. Contract Amendment.

 

    Sec. 12Q.2.6. Contracting Department.

 

    Sec. 12Q.2.7. Contracting Parties.

 

    Sec. 12Q.2.8. Contractor.

 

    Sec. 12Q.2.9. Covered Employee.

 

    Sec. 12Q.2.10. Effective Date.

 

    Sec. 12Q.2.11. Employee.

 

    Sec. 12Q.2.12. Health Director.

 

    Sec. 12Q.2.13. Lease.

 

    Sec. 12Q.2.14. Lease Amendment.

 

    Sec. 12Q.2.15. Nonprofit Corporation.

 

    Sec. 12Q.2.16. Week.

 

    Sec. 12Q.2.17. Subcontract.

 

    Sec. 12Q.2.18. Subcontractor.

 

    Sec. 12Q.2.19. Sublease.

 

    Sec. 12Q.2.20. Subtenant.

 

    Sec. 12Q.2.21. Tenant.

 

    Sec. 12Q.3. Health Care Accountability Components.

 

    Sec. 12Q.4. Contractual Obligations.

 

    Sec. 12Q.5. Administration and Enforcement.

 

    Sec. 12Q.5.1. Additional Contract Requirements; Liquidated Damages.

 

    Sec. 12Q.5.2. Investigation and Determination of Violations.

 

    Sec. 12Q.6. Waivers by the Agency Director.

 

    Sec. 12Q.7. Special Waiver by the Public Utilities Commission.

 

    Sec. 12Q.8. Waiver Through Collective Bargaining.

 

    Sec. 12Q.9. Preemption.

 

    Sec. 12Q.10. Effective Date.

 

    Sec. 12Q.11. Period of Suspension.

 

    Sec. 12Q.12. Severability.

 

    *SEC. 12Q.1. TITLE.*

 

    This Chapter shall be known as the "San Francisco Health Care

    Accountability Ordinance."

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2. DEFINITIONS.*

 

    As used in this Chapter, the following capitalized terms shall have

    the meanings set forth in the following provisions.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.1. AGENCY.*

 

    "Agency" shall mean the Office of Labor Standards Enforcement.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.2.2. AGENCY DIRECTOR.*

 

    "Agency Director" shall mean the Director of the Office of Labor

    Standards Enforcement or his or her designee.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.2.3. CITY.*

 

    "City" shall mean the City and County of San Francisco.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.4. CONTRACT.*

 

    (a) "Contract" shall mean an agreement between a Contracting

    Department and any person or entity that provides for public works

    or public improvements to be purchased, or for services to be

    performed, at the expense of the City. The term "Contract" also

    means an agreement between a Tenant or Subtenant and any person or

    entity to perform services on property covered by a Lease. The term

    "Contract" includes "Contract Amendment."

 

    (b) Notwithstanding the foregoing, the term "Contract" does not

    include the following:

 

    (1) Agreements for a duration of less than one (1) year. Contracting

    Departments and Tenants and Subtenants are prohibited from entering

    into multiple contracts of short duration with the proposed

    Contractor in order to evade the requirements of this Chapter;

 

    (2) Agreements for the purchase or lease of goods, or for

    guarantees, warranties, shipping, delivery, installation or

    maintenance of such goods. Where an agreement is for the purchase or

    lease of both goods and other services, the agreement shall not be

    deemed a "Contract" if a preponderance of the contract amount is for

    goods;

 

    (3) Agreements entered into pursuant to settlement of legal

    proceedings;

 

    (4) Agreements for urgent or specialized advice, consultation or

    litigation services for the City Attorney's Office where the City

    Attorney finds that it would be in the best interests of the City

    not to include the requirements of this Chapter;

 

    (5) Agreements with any person or entity if the amount of the

    agreement is less than $25,000 (in the case of a for-profit entity

    or person) or less than $50,000 (in the case of a Nonprofit

    Corporation). However, if the Contracting Party has multiple

    agreements with the City in a given fiscal year (which agreements

    would be considered "Contracts" under this Chapter except that the

    individual dollar amounts are below the thresholds set forth in the

    preceding sentence) and the cumulative amount of such agreements is

    $75,000 or more, the provisions of this Chapter shall apply to each

    such agreement from the date on which the triggering Contract is

    executed;

 

    (6) Agreements for the investment, management or use of trust assets

    where compliance would violate the fiduciary duties of the trustee;

 

    (7) Agreements executed prior to the Effective Date (unless and

    until a Contract Amendment is executed);

 

    (8) Agreements executed after the Effective Date (unless and until a

    Contract Amendment is entered into) pursuant to, and within the

    scope of, bid packages or requests for proposals advertised and made

    available to the public prior to the Effective Date, unless the bid

    packages or requests for proposals are materially amended on or

    after the Effective Date;

 

    (9) Agreements involving the expenditure by the City of special

    funds or other non-General Fund revenues to the extent that

    application of this Chapter would require the City to use General

    Fund monies to supplement the special funds or other non-General

    Fund revenues to maintain the current level of services;

 

    (10) Agreements that require the expenditure of grant funds awarded

    to the City by another entity. If a Contract is funded both by grant

    funds and non-grant funds, the entire Contract is exempt; provided

    that, if the use of the grant funds is severable from the non-grant

    funds, the Contract is exempt only with respect to the use of the

    grant funds;

 

    (11) Agreements pursuant to which the City awards a grant to a

    Nonprofit Corporation;

 

    (12) Agreements with a public entity, unless the public entity is

    the San Francisco Redevelopment Agency, the San Francisco LAFCO, the

    San Francisco Transportation Authority, the San Francisco Parking

    Authority or the San Francisco Health Authority;

 

    (13) Agreements for employee benefits to be provided to City

    employees, where the Director of Human Resources finds that no

    person or entity is willing to comply with this Chapter and is

    capable of providing the required employee benefits;

 

    (14) Agreements for the investment, management or use of City monies

    where the Treasurer finds that requiring compliance with this

    Chapter will violate the Treasurer's fiduciary duties and for the

    investment of retirement, health or other funds held in trust

    pursuant to Charter, statute, ordinance or MOU where the official or

    officials responsible for investing or managing such funds find that

    requiring compliance with this Chapter will violate their fiduciary

    duties;

 

    (15) Loan agreements and agreements made in connection with loans or

    grants under which the City, as creditor or grantor, is providing

    funds to be used by the debtor or grantee to

 

    (A) Acquire an interest in real property on which residential

    improvements for low- or moderate-income households will be

    constructed;

 

    (B) Construct improvements owned or leased by the debtor or grantee,

    on condition that residents of the improvements qualify as low- or

    moderate-income households; or

 

    (C) Rehabilitate improvements owned or leased by the debtor or

    grantee; and

 

    (16) Agreements between a Tenant or Subtenant and a Contractor to

    perform services on property covered by a Lease if the Contractor

    does not provide such services on a regular and on-going basis. For

    purposes of this exemption, if employees of the Contractor I and any

    Subcontractors cumulatively work on the Lease property less than 130

    days within a 12-month period, the agreement shall not be considered

    regular and on-going.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.5. CONTRACT AMENDMENT.*

 

    (a) "Contract Amendment" shall mean a modification to an agreement

    which extends the term, increases the total amount of payments due

    from the City (except where such increase is due solely to cost of

    living adjustments), or modifies the scope of services to be

    performed by the Contractor; provided that the resulting agreement

    falls within the definition of "Contract."

 

    (b) Notwithstanding the foregoing, "Contract Amendment" does not

    include a onetime extension of the term of a Contract for up to 6

    months, or a construction change order, modification or amendment to

    a Contract executed by the City for its benefit (as determined by

    the Agency Director).

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.6. CONTRACTING DEPARTMENT.*

 

    "Contracting Department" shall mean the City department, office,

    board, commission or other City agency that enters into the

    applicable Contract or Lease on behalf of the City.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.7. CONTRACTING PARTIES.*

 

    "Contracting Parties" shall mean Contractors, Subcontractors,

    Tenants, and Subtenants.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.8. CONTRACTOR.*

 

    "Contractor" shall mean the person or entity that enters into a

    Contract with the City. The term "Contractor" also means any person

    or entity that enters into a Contract with a Tenant or Subtenant to

    perform services on property covered by a Lease.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.9. COVERED EMPLOYEE.*

 

    (a) "Covered Employee" shall mean:

 

    (1) An Employee of a Contractor or Subcontractor who works on a City

    Contract or Subcontract for 20 hours or more per Week:

 

    (A) Within the geographic boundaries of the City; or

 

    (B) On real property owned or controlled by the City, but outside

    the geographic boundaries of the City; or

 

    (C) Elsewhere in the United States; and

 

    (2) An Employee of a Tenant or Subtenant who works 20 hours or more

    per Week on property that is covered by a Lease or Sublease; and

 

    (3) An Employee of a Contractor or Subcontractor that has a Contract

    or Subcontract to perform services on property covered by a Lease or

    Sublease if the Employee works 20 hours or more per Week on the

    property.

 

    (4) A Contractor or Subcontractor may not divide an employee's time

    between working on a City contract and working on other duties with

    the intent of reducing the number of Covered Employees working on

    the Contract to evade compliance with this Chapter. Such action

    shall constitute a violation of this Chapter. Beginning on July 1,

    2002, the number of hours an employee must work per Week in order to

    be considered a "Covered Employee" pursuant to this Subsection

    (a)(1), (2) and (3) shall be 15 or more.

 

    (b) Notwithstanding the foregoing, the term "Covered Employee" does

    not include the following:

 

    (1) Any Employee (A) under the age of eighteen (18) who is a

    student, provided that the Employee does not replace, displace or

    lower the wage or benefits of any existing position or Employee, or

    (B) who is (i) a temporary Employee hired for a time-limited period,

    and (ii) for that period is receiving academic credit or completing

    mandatory hours for professional licensure or certification, and

    (iii) the Employee does not replace, displace or lower the wage or

    benefits of an existing position or Employee; or

 

    (2) Any Employee employed as a trainee in a bona fide training

    program consistent with Federal law, which training program enables

    the Employee to advance into a permanent position, provided that the

    Employee does not replace, displace or lower the wage or benefits of

    any existing position or Employee; or

 

    (3) Any Employee that the Contracting Party is required to pay no

    less than the "prevailing rate of wage" in accordance with Section

    A7.204 of Appendix A to the City's Charter or any provision of the

    San Francisco Administrative Code; or

 

    (4) Any disabled Employee who:

 

    (A) Is covered by a current sub-minimum wage certificate issued to

    the employer by the U.S. Department of Labor; or

 

    (B) Would be covered by such a certificate but for the fact that the

    employer is paying a wage equal to or higher than the minimum wage.

 

    (5) Any Employee of a Nonprofit Corporation who is a temporary

    employee, hired on an hourly or per diem basis to replace a regular

    employee during a temporary absence from the workplace.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.2.10. EFFECTIVE DATE.*

 

    "Effective Date" shall mean the applicable effective date specified

    in Section 12Q.9 of this Chapter.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.11. EMPLOYEE.*

 

    "Employee" shall mean any person who is employed by a Contracting

    Party, including part-time and temporary employees.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.12. HEALTH DIRECTOR.*

 

    "Health Director" shall mean the Director of the Department of

    Public Health.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.13. LEASE.*

 

    (a) "Lease" shall mean a written agreement (including, without

    limitation, any lease, concession or license) in which the City

    gives to another party the exclusive use of City Property for a term

    exceeding twenty-nine (29) consecutive days in any calendar year,

    whether by single or cumulative instruments. "City Property" means

    real property that is owned by the City or of which the City has

    exclusive use, if such property is located within the City or is

    under the jurisdiction of the San Francisco Airport Commission. If

    cumulative instruments cause the term of the agreement to exceed

    twenty-nine (29) consecutive days, the agreement in question shall

    be subject to this Chapter only on and after the effective date of

    the instrument which causes the term to exceed twenty-nine (29)

    consecutive days. For the purposes of this definition and the

    definition of Sublease, "exclusive use" means the right to use or

    occupy real property to the exclusion of others, subject to the

    rights reserved by the party granting such exclusive use. "Lease"

    includes "Lease Amendment."

 

    (b) Notwithstanding the foregoing, the term "Lease" does not include

    the following:

 

    (1) Agreements granting a franchise or easement;

 

    (2) Agreements with a public entity, unless the public entity is the

    San Francisco Redevelopment Agency, the San Francisco LAFCO, the San

    Francisco Transportation Authority, the San Francisco Parking

    Authority or the San Francisco Health Authority;

 

    (3) Agreements entered into pursuant to settlement of legal

    proceedings;

 

    (4) Revocable at-will use or encroachment permits for the use of or

    encroachment on City Property, regardless of the ultimate duration

    of such permits;

 

    (5) Street excavation, street construction or street use permits or

    other regulatory permits;

 

    (6) Agreements for the use of a City right-of-way, including

    circumstances where a contracting utility has the power of eminent

    domain;

 

    (7) Agreements governing the use of City Property under the

    jurisdiction of the Recreation and Park Department primarily for

    recreational activities.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.14. LEASE AMENDMENT.*

 

    (a) "Lease Amendment" shall mean a modification to a Lease that

    extends the term or materially changes any other provision of the

    Lease.

 

    (b) Notwithstanding the foregoing, "Lease Amendment" does not

    include a one-time extension of the term of a Lease for up to 6

    months, or relocation of the leased premises at the request of the

    City for its benefit or convenience (as determined by the Agency

    Director).

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.15. NONPROFIT CORPORATION.*

 

    "Nonprofit Corporation" shall mean a nonprofit corporation, duly

    organized, validly existing and in good standing under the laws of

    the jurisdiction of its incorporation and (if a foreign corporation)

    in good standing under the laws of the State of California, which

    corporation has established and maintains valid nonprofit status

    under Section 501(c)(3) of the United States Internal Revenue Code

    of 1986, as amended, and all rules and regulations promulgated under

    such Section.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.16. WEEK.*

 

    "Week" shall mean a consecutive seven-day period. If the Contracting

    Party's regular pay period is other than a seven-day period, the

    number of hours worked by an employee during a seven-day Week for

    purposes of this Chapter; shall be calculated by adjusting the

    number of hours actually worked during the Contracting Party's

    regular pay period to determine the average over a seven-day Week.

    However, such period of averaging shall not exceed a duration of one

    month.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.17. SUBCONTRACT.*

 

    (a) "Subcontract" shall mean an agreement between a Contractor and a

    person or entity pursuant to which the person or entity agrees to

    perform all or a portion of the services covered by a Contract.

 

    (b) Notwithstanding the foregoing, the term "Subcontract" does not

    include:

 

    (1) Agreements for the purchase or lease of goods, or for

    guarantees, warranties, shipping, delivery, installation or

    maintenance of such goods. When an agreement is for the purchase or

    lease of both goods and other services, the agreement shall not be

    deemed a "Subcontract" if a preponderance of the Contract amount is

    for goods;

 

    (2) Agreements with a public entity, unless the public entity is the

    San Francisco Redevelopment Agency, the San Francisco LAFCO, the San

    Francisco Transportation Authority, the San Francisco Parking

    Authority or the San Francisco Health Authority.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.18. SUBCONTRACTOR.*

 

    "Subcontractor" shall mean a person or entity that enters into a

    Subcontract.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.19. SUBLEASE.*

 

    (a) "Sublease" shall mean any agreement with any person or entity

    for the exclusive right to occupy or use all or any portion of City

    Property covered by a Lease.

 

    (b) Notwithstanding the foregoing, the term "Sublease" does not

    include each of the circumstances set forth in Section 12Q.2.13(b)

    that constitutes an exclusion from the definition of "Lease."

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.20. SUBTENANT.*

 

    "Subtenant" shall mean a person or entity that enters into a Sublease.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.2.21. TENANT.*

 

    "Tenant" shall mean the person or entity that enters into a Lease

    with the City.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.3. COMPONENTS.*

 

    (a) With respect to each Covered Employee who either resides in San

    Francisco (regardless of where the Covered Employee provides

    services) or provides services covered by this Chapter in San

    Francisco, each Contracting Party shall do one of the following, at

    the Contracting Party's option:

 

    (1) Offer to the Covered Employee health plan benefits that meet

    minimum standards prepared by the Health Director and approved by

    the Health Commission. The minimum standards shall provide for a

    maximum period for each Covered Employee's health benefits to become

    effective, no later than the first of the month that begins after 30

    days from the start of employment on a covered Contract,

    Subcontract, Lease or Sublease. The Health Commission shall review

    such standards at least once every two years to ensure that the

    standards stay current with State and Federal regulations and

    existing health benefits practices; or

 

    (2) For each Week in which the Covered Employee works the applicable

    minimum number of hours set forth in Section 12Q.2.9(a) (definition

    of "Covered Employee"), pay to the City $2.00 per hour for each hour

    the Covered Employee is employed by the Contracting Party on the

    Contract or Subcontract or on property covered by a Lease, but not

    to exceed $80 in any Week. The City shall appropriate money received

    pursuant to this Subsection (a)(2) for the use of the Department of

    Public Health. The Department of Public Health shall use the monies

    appropriated for staffing and other resources to provide medical

    care for the uninsured. The Health Commission may increase this

    hourly rate and Weekly maximum in accordance with either the Bureau

    of Labor Statistics Consumer Price Index for Medical Care in the San

    Francisco Bay Area or the increase in average Health Maintenance

    Organization (HMO) premiums in California, depending on which the

    Health Commission determines better reflects the cost of providing

    health care in the Bay Area; provided, however, the Health

    Commission shall take this action no more than once a year and any

    adjustments in such hourly rate or Weekly maximum must be approved

    by the Board of Supervisors by resolution; or

 

    (3) Participate in a health benefits program developed by the Health

    Director in consultation with the Agency. The Health Director shall

    obtain Health Commission approval of the program before implementing

    it. The Health Director shall seek such approval within twelve (12)

    months after this Chapter is finally approved. Prior to

    implementation of the health benefits program provided in this

    Subsection (a)(3), each Contracting Party shall comply with

    Subsection (a)(1) or (a)(2). After the Health Director implements

    the program, in addition to the options provided in Subsections

    (a)(1) and (a)(2), Contracting Parties may satisfy their obligations

    under this Chapter by complying with the requirements of the health

    benefits program. In developing the program, the Health Director

    shall (i) attempt to make health coverage available for uninsured

    Covered Employees and, if feasible, any other person employed by a

    Contracting Party who works less than 20 hours per week on a City

    contract, or other uninsured City residents; (ii) use public health

    facilities to the maximum extent practicable; (iii) make the program

    economically viable; and (iv) provide a mechanism for funding which

    relies, as much as possible, on contributions by participating

    employers and employees.

 

    (b) With respect to each Covered Employee who does not reside in San

    Francisco, but who provides services covered by this Chapter at the

    San Francisco Airport or at the San Bruno Jail, each Contracting

    Party shall do one of the options set forth in Subsection (a), at

    the Contracting Party's option.

 

    (c) With respect to each Covered Employee who does not reside in San

    Francisco, and does not provide services covered by this Chapter in

    San Francisco, at the San Francisco Airport or at the San Bruno

    Jail, each Contracting Party shall do one of the following, at the

    Contracting Party's option:

 

    (1) Offer to the Covered Employee health plan benefits that meet

    minimum standards prepared by the Health Director and approved by

    the Health Commission pursuant to Subsection 12Q.3(a)(1) above; or

 

    (2) For each Week in which the Covered Employee works the applicable

    minimum number of hours set forth in Section 12Q.2.9(a) (definition

    of "Covered Employee"), pay to the Covered Employee an additional

    $2.00 per hour for each hour the Covered Employee is employed by the

    Contracting Party on the Contract or Subcontract or on property

    covered by a Lease, but not to exceed $80 in any Week, to enable the

    employee to obtain health insurance coverage. This represents the

    City's current estimate of the average cost of obtaining individual

    health insurance benefits. The Health Commission may increase this

    hourly rate and Weekly maximum in accordance with either the Bureau

    of Labor Statistics Consumer Price Index for Medical Care in the San

    Francisco Bay Area or the increase in average Health Maintenance

    Organization (HMO) premiums in California, depending on which the

    Health Commission determines better reflects the cost of providing

    health care in the Bay Area; provided, however, the Health

    Commission shall take this action no more than once a year and any

    adjustments in such hourly rate or Weekly maximum must be approved

    by the Board of Supervisors by resolution.

 

    (d) When preparing proposed budgets and requests for supplemental

    appropriations for contract services, City departments that

    regularly enter into agreements for the provision of services by

    nonprofit corporations shall transmit with their proposal a written

    confirmation that the department has considered in its calculation

    the costs that the nonprofit corporations calculate that they will

    incur in complying with the Health Care Accountability Ordinance.

 

    (e) Notwithstanding the above, if, at the time a Contract,

    Subcontract, Lease or Sublease is executed, the Contracting Party

    has 20 or fewer employees (or, in the case of a Nonprofit

    Corporation, 50 or fewer employees), including any employees the

    Contracting Party plans to hire to implement the Contract,

    Subcontract, Lease or Sublease, the Contracting Party shall not be

    obligated to provide the Health Care Accountability Components set

    forth in this Section 12Q.3 to its Covered Employees. In determining

    the number of employees had by a Contracting Party, all employees of

    all entities that own or control the Contracting Party and that the

    Contracting Party owns or controls, shall be included.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.4. CONTRACTUAL OBLIGATIONS.*

 

    (a) Each Contracting Party that enters into a Contract, Subcontract,

    Lease, or Sublease shall agree:

 

    (1) To comply with the requirements of this Chapter, including the

    requirement to choose and perform one of the Health Care

    Accountability Components set forth in Section 120.3;

 

    (2) To comply with regulations adopted by the Agency pursuant to

    this Chapter;

 

    (3) To maintain employee and payroll records in compliance with the

    California Labor Code and Industrial Welfare Commission orders,

    including the number of hours each employee has worked on the City

    Contract or Subcontract. If the Contracting Party fails to maintain

    records that accurately reflect the number of hours each employee

    has worked on the City Contract or Subcontract, it shall be presumed

    that any employee who has worked on a City Contract or Subcontract

    is a Covered Employee as defined in Section 12Q.2.9.

 

    (4) To provide information and reports to the City in accordance

    with any reporting standards promulgated by the Agency in

    consultation with the Director of Health;

 

    (5) To provide the City with access to pertinent payroll records

    relating to the number of employees employed and terms of medical

    coverage after receiving a written request to do so and being

    provided at least ten (10) business days to respond;

 

    (6) To allow the City to inspect Contracting Parties' job sites and

    have access to Contracting Parties' employees in order to monitor

    and determine compliance with this Chapter;

 

    (7) To cooperate with the Agency when it conducts audits;

 

    (8) To include in every Contract, Subcontract, Lease, or Sublease

    subject to this Chapter provisions requiring compliance with this

    Chapter, consistent with any directives or standards adopted by the

    Agency;

 

    (9) To notify the Contracting Department promptly of any

    Subcontractors performing services covered by this Chapter and

    certify to the Contracting Department that it has notified the

    Subcontractors of their obligations under this Chapter; and

 

    (10) To represent and warrant that it is not an entity that was set

    up, or is being used, for the purpose of evading the intent of this

    Chapter.

 

    (b) A Contracting Party shall not discharge, reduce in compensation,

    or otherwise discriminate against any Employee for notifying the

    City regarding the Contracting Party's noncompliance or anticipated

    noncompliance with this Chapter, for opposing any practice

    proscribed by this Chapter, for participating in proceedings related

    to this Chapter, or for seeking to assert or enforce any rights

    under this Chapter by any lawful means.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.5. ADMINISTRATION AND ENFORCEMENT.*

 

    (a) The Agency, in consultation with the Department of Public

    Health, shall promulgate regulations for the interpretation and

    administration of this Chapter, which regulations shall be adopted

    only after public hearing. The regulations shall establish

    procedures for monitoring Contractors, receiving and investigating

    complaints, and providing administrative hearings to determine

    whether a Contractor has breached a Contract, Subcontract, Lease or

    Sublease based on the requirements of this Chapter.

 

    (b) The Agency shall monitor Contracting Parties for compliance and

    investigate complaints of violations. The Agency, in consultation

    with the City Attorney, shall develop contractual provisions for use

    by Contracting Departments designed to enable the City to pursue the

    remedies set forth in this Section against every person or entity

    required to comply with this Chapter.

 

    (c) The Agency, in consultation with the Department of Public

    Health, may conduct audits of Contracting Parties, although such

    audits shall be conducted through an examination of records at a

    mutually agreed upon time and location within ten (10) days of

    written notice.

 

    (d) The Agency and the Department of Public Health shall provide an

    annual joint report to the Board of Supervisors on compliance with

    this Chapter. Such report shall include cumulative information

    regarding the number of waivers granted pursuant to this Chapter.

 

    (e) A Covered Employee may report to the Agency in writing any

    alleged violation of this Chapter by a Contracting Party or other

    person or entity subject to this Chapter. The Agency shall

    investigate any such report. If the Agency determines that any

    person or entity has violated this Chapter, the Agency shall notify

    the Contracting Department of its, findings. In order to ensure

    compliance with this Chapter and to enhance the monitoring

    activities of the Agency, the City encourages reporting by Covered

    Employees pursuant to this Subsection. The Agency shall keep

    confidential the Covered Employee's name and other identifying

    information, to the maximum extent permitted by applicable law.

 

    (f) In addition to any other rights or remedies available to the

    City under the terms of any agreement of a Contracting Party or

    under applicable law, the City shall have the following rights:

 

    (1) The right, at the discretion of the Agency, to charge the

    Contracting Party for any amounts that the Contracting Party should

    have paid to the City for hours worked by Covered Employees pursuant

    to Section 12Q.3(a)(2) and (b), or to Covered Employees pursuant to

    Section 12Q.3(c)(2), together with simple annual interest of 10% on

    such amount from the date payment was due;

 

    (2) The right, at the discretion of the Agency, to assess liquidated

    damages as provided in Section 12Q.5.1 and 12Q.5.2;

 

    (3) The right, at the discretion of the Agency, to set off all or

    any portion of the amount that a Contracting Party is required to

    pay to the City pursuant to preceding Subsections (g)(1) and (2)

    against amounts due to a Contracting Party;

 

    (4) The right, at the discretion of the Contracting Department, to

    terminate the Contract or Lease in whole or in part;

 

    (5) The right, at the discretion of either the Contracting

    Department or the Agency, to bar a Contracting Party from entering

    into future Contracts or Leases with the City for three (3) years.

 

    (6) The right to bring a civil action against the Contractor to

    pursue the remedies provided by this Chapter and other applicable

    law. The prevailing party shall be entitled to all costs and

    expenses, including reasonable attorney's fees.

 

    (g) Each Contractor shall be responsible for its Subcontractors with

    respect to compliance with this Chapter. If a Subcontractor fails to

    comply, the City may pursue the remedies set forth in this Section

    against the Contractor based on the Subcontractor's failure to

    comply, provided that the Contracting Department has first provided

    the Contractor with notice and an opportunity to obtain a cure of

    the violation.

 

    (h) Each Tenant shall be responsible for each Subtenant, Contractor

    and Subcontractor performing services on property covered by the

    Tenant's Lease, with respect to compliance with this Chapter. If any

    Subtenant, Contractor or Subcontractor fails to comply, the City may

    pursue the remedies set forth in this Section against the Tenant

    based on the Subtenant's, Contractor's or Subcontractor's failure to

    comply, provided that the Contracting Department has first provided

    the Tenant with notice and an opportunity to obtain a cure of the

    violation.

 

    (i) Each of the rights set forth in this Section 12Q.5 shall be

    exercisable individually or in combination with any other rights or

    remedies available to the City. Any amounts realized by the City

    pursuant to this Section shall be used first to cover the costs of

    enforcing this Chapter and thereafter appropriated for the use of

    the Department of Public Health.

 

    (j) The Agency may compromise and settle unlitigated claims against

    Contracting Parties for violations of contractual provisions

    required by this Chapter.

 

    (k) All Contracting Parties and Contracting Departments shall

    cooperate fully with the Agency in connection with any investigation

    of an alleged violation of this Chapter or with any inspection

    conducted by the Agency.

 

    (l) When this Chapter authorizes the Agency to charge interest (not

    to exceed 10%), in determining whether to charge the interest, the

    Agency shall give due consideration to the size of the Contractor's

    business, the Contractor's good faith, the gravity of the violation,

    and the history of previous violations.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.5.1. ADDITIONAL CONTRACT REQUIREMENTS; LIQUIDATED DAMAGES.*

 

    Every Contract, Contract Amendment, Lease and Lease Amendment

    entered after January 1, 2006 shall contain provisions in which the

    Contracting Party agrees:

 

    (1) To be liable to the City for liquidated damages as provided in

    this Section;

 

    (2) To be subject to the procedures governing enforcement of a

    breach of the terms of a Contract, Contract Amendment, Lease or

    Lease Amendment which terms are required by this Chapter, as set

    forth in Section 12Q.5.2;

 

    (3) That the commitment of Contracting Parties to comply with the

    requirements of this Chapter is a material element of the City's

    consideration for the agreement and that the failure of a

    Contracting Party to comply will cause significant and substantial

    harm to the City and the public, which is extremely difficult to

    determine or quantify, and that the liquidated damages set forth in

    this Section are reasonable amounts to pay for the harm caused by

    the Contracting Party's non-compliance;

 

    (4) That for failure to comply with the requirements of this

    Chapter, the Agency may require the Contracting Party to pay the

    City liquidated damages of up to one hundred dollars ($100) for each

    one-week pay period for each employee for whom the Contracting Party

    has either not offered health plan benefits or made payments as

    required by Section 12Q.3. The Agency shall adjust this amount

    proportionately for Contracting Parties that use a pay period other

    than one week;

 

    (5) That for any failure to provide reports to the City or access to

    pertinent records, or any failure to cooperate with any audit,

    inspection or investigation conducted by the Agency, the Agency may

    require the Contracting Party to pay the City liquidated damages of

    up to one thousand dollars ($1000); and

 

    (6) That while liquidated damages in the maximum amounts set forth

    in this Section are a reasonable estimate of the harm caused by the

    Contracting Party's non-compliance with contractual provisions

    required by this Chapter, the Agency may determine that less than

    the full amount is warranted depending on the circumstances of each

    case. The Agency shall give due consideration to the following

    factors in determining the amount of liquidated damages: the size of

    the Contracting Party's business, the Contracting Party's good

    faith, the gravity of the violation, the history of previous

    violations, the failure to comply with record-keeping, reporting and

    anti-retaliation requirements, and the extent to which the

    imposition of liquidated damages would undermine the purpose of this

    Chapter by imposing unreasonable financial burdens on the

    Contracting Party, thereby restricting its ability to fulfill its

    obligations under this Chapter.

 

    (Added by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.5.2. INVESTIGATION AND DETERMINATION OF VIOLATIONS.*

 

    (a) Determination of Violation. Upon determining that a Contracting

    Party may have violated the terms of a Contract, Contract Amendment,

    Lease or Lease Amendment required under this Chapter, the Agency

    shall send written notice to the Contracting Party of the possible

    violation and of the Contracting Party's right to respond to the

    Agency's initial determination by submitting pertinent documents and

    other information. The written notice shall also notify the

    Contracting Party that the Agency is authorized to direct the

    Controller to withhold payment otherwise due to the Contracting

    Party pursuant to the provisions of Subsection (d). If after

    providing the Contracting Party with a reasonable opportunity to

    respond to the allegations the Agency makes a final determination

    that a violation has occurred, the Agency shall provide a written

    notice of violation to the Contracting Party.

 

    (b) Right to Appeal. The Contracting Party may appeal the Agency's

    final determination. The Contracting Party must file an appeal with

    the Agency in writing, specifying the basis for contesting the

    determination, no later than 15 days after the date of the notice of

    determination. Failure to file an appeal in writing with the

    Controller within 15 days shall cause the Agency's determination to

    be deemed a final administrative decision by the City.

 

    (c) Administrative Hearing.

 

    (1) Within 15 days after the Agency receives an appeal, the

    Controller shall appoint a hearing officer and shall notify the

    Agency and the Contracting Party.

 

    (2) The hearing officer shall promptly set a date for a hearing. The

    hearing shall commence within 45 days of the notification of the

    appointment of the hearing officer and conclude within 75 days of

    such notification unless all parties agree to an extended period.

 

    (3) The Agency shall have the burden of producing evidence that the

    Contracting Party has violated the requirements of this Chapter and

    the burden of proving the violation.

 

    (d) Hearing Officer's Decision.

 

    (1) Within 30 days of the conclusion of the hearing, the hearing

    officer shall issue a written decision affirming, modifying, or

    vacating the Agency's determination. If the hearing officer vacates

    the Agency's determination in its entirety, that decision shall also

    vacate any assessment of liquidated damages. If the hearing officer

    affirms the Agency's determination, the hearing officer shall issue

    a decision upholding the Agency's determination, including the

    amount of the liquidated damages assessed by the Agency. With

    respect to liquidated damages, the hearing officer's jurisdiction to

    modify the Agency's assessment is limited and the following

    procedures apply. If the hearing officer modifies the Agency's

    determination, the hearing officer shall transmit the decision to

    the Agency, which shall within five business days modify the

    assessment of liquidated damages consistent with the hearing

    officer's decision based on the criteria set forth in Section

    12.Q.5.1(6) and transmit the modified assessment to the hearing

    officer. Upon receiving the modified assessment from the Agency, the

    hearing officer shall within three business days issue a final

    decision, which shall include the amount of the liquidated damages

    assessment as modified by the Agency.

 

    (2) The hearing officer's decision shall consist of findings and a

    determination, which shall be final. The Contracting Party may seek

    review of the hearing officer's decision only by filing in the San

    Francisco Superior Court a petition for a writ of mandate under

    California Code of Civil Procedure, section 1094.5, as may be

    amended from time to time.

 

    (3) The failure of the Controller or hearing officer to comply with

    the time requirements of this Section shall not cause the Controller

    or the hearing officer to lose jurisdiction over an appeal from the

    Agency's determination filed under this Section.

 

    (4) Upon the hearing officer's decision affirming or modifying the

    Agency's determination, the Contracting Party shall take the

    corrective action, including the payment of liquidated damages, if

    any, within 14 days of receiving the hearing officer's decision.

    When a Contracting Party fails to take corrective action within the

    time required by the provisions of this Section, the City may

    immediately pursue all available remedies against the Contracting

    Party.

 

    (e) Withholding of Payments by Controller.

 

    (1) When the Agency sends notice to a Contracting Party of its final

    determination that the Contracting Party has violated the

    requirements of this Chapter and of the Contracting Party's right of

    appeal to the Controller, the Agency may direct the Contracting

    Department and the Controller to deduct from the payments otherwise

    due to the Contracting Party the amounts that the Agency has

    determined the Contracting Party must pay to the City under Section

    12Q.3(a)(2) and as liquidated damages. The Controller, in issuing

    any warrant for any such payment, shall deduct the amounts specified

    by the Agency.

 

    (2) The Controller shall withhold these funds until (A) the hearing

    officer issues a decision finding that the Contracting Party does

    not owe all or a portion of the amount withheld, in which case the

    Controller shall release funds to the Contracting Party consistent

    with the hearing officer's decision or (B) the Contracting Party

    consents to the use of the funds to pay the City the amounts that

    the Agency or hearing officer found due. As to any funds being

    withheld for which neither (A) nor (B) applies, the Controller shall

    retain the funds until the hearing officer's decision is no longer

    subject to judicial review, at which time the Controller shall

    distribute amounts owed under Section 12Q.3(a)(2) in the appropriate

    account for the use of the Department of Public Health and amounts

    due as liquidated damages in the General Fund, provided that this

    action is consistent with any final determination of a court of

    competent jurisdiction. Notwithstanding the provisions of this

    subsection, the Agency may authorize the release of payments

    withheld from the Contracting Party under this Section if the Agency

    determines that the continued withholding of funds imposes a

    substantial risk of endangering public health or safety, interfering

    with a service or project that is essential to the City, or having

    an unreasonable adverse financial impact on the City.

 

    (Added by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.6. WAIVERS BY THE AGENCY DIRECTOR.*

 

    (a) The Agency Director or designee, in consultation with the

    Department of Public Health, shall waive the requirements of this

    Chapter when the Contracting Department has provided justification

    to the Agency Director, and the Agency Director has found that one

    of the following circumstances exists:

 

    (1) The needed service, project or property arrangement under the

    Contract or Lease is available only from a sole source;

 

    (2) Pursuant to Chapter 6 or 21 of the Administrative Code, the

    Contract or Lease is necessary to respond to an emergency that

    endangers the public health or safety;

 

    (3) There are no qualified responsive bidders or prospective vendors

    or tenants that comply with the requirements of this Chapter and the

    agreement is for a service, lease or project that is essential to

    the City or the public;

 

    (4) The public interest warrants the granting of a waiver because

    application of this Chapter would constitute an adverse impact on

    services or an unreasonable adverse financial impact on the City; or

 

    (5) (A) The services to be purchased are available under a bulk

    purchasing arrangement with a federal, state or local governmental

    entity;

 

    (B) Purchase under such arrangement will substantially reduce the

    City's cost of purchasing such services; and

 

    (C) Purchase under such an arrangement is in the best interest of

    the City or the public.

 

    (b) Each waiver shall be effective for the duration of the Contract

    or Lease. Subsequent waivers may be requested and either granted or

    denied.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06,

    File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.7. SPECIAL WAIVER BY THE PUBLIC UTILITIES COMMISSION.*

 

    The General Manager of the Public Utilities Commission may waive the

    requirements of this Chapter where the Contractor or Subcontractor

    is providing to or on behalf of the San Francisco Public Utilities

    Commission services relating to:

 

    (a) The provision, conveyance or transmission of wholesale or bulk

    water, electricity or natural gas; or

 

    (b) Ancillary requirements such as spinning reserve, voltage

    control, or loading scheduling, as required for ensuring reliable

    services in accordance with good utility practice; provided, however:

 

    (1) The purchase of such services may not practically be

    accomplished through the City's standard competitive bidding

    procedures; and

 

    (2) The Contractor or Subcontractor is not providing direct, retail

    services to end users within the geographic boundaries of the City.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001)

 

    *SEC. 12Q.8. WAIVER THROUGH COLLECTIVE BARGAINING.*

 

    All or any portion of the applicable requirements of this Chapter

    may be waived in a bona fide collective bargaining agreement,

    provided that such waiver is explicitly set forth in such agreement

    in clear and unambiguous terms.

 

    (Added by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.9. PREEMPTION.*

 

    Nothing in this Chapter shall be interpreted or applied so as to

    create any power or duty in conflict with any Federal or State law.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Renumbered

    by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.10. EFFECTIVE DATE.*

 

    This Chapter shall become effective, and its requirements shall be

    included in all covered Contracts, Subcontracts, Leases and

    Subleases, 30 days after it is adopted or July 1, 2001, whichever

    occurs later. This Chapter is intended to have prospective effect only.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Renumbered

    by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.11. PERIOD OF SUSPENSION.*

 

    Contracting Parties shall not be required to provide any of the

    Health Care Accountability Components provided in Section 12Q.3 to

    their Covered Employees until such time as the Health Director has

    prepared, and the Health Commission has approved, minimum standards

    for health plan benefits pursuant to Section 12Q.3(a)(1). The Health

    Director and Health Commission shall proceed promptly to take these

    actions. From the date upon which the Health Commission approves

    such minimum standards forward, Contracting Parties shall provide

    the Health Care Accountability Components set forth in Section 12Q.3

    to their Covered Employees.

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Renumbered

    by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

    *SEC. 12Q.12. SEVERABILITY.*

 

    If any part or provision of this Chapter, or the application of this

    Chapter to any person, location or circumstance, is enjoined or held

    invalid by a court of law, the remainder of this Chapter, including

    the application of such part or provisions to other persons,

    locations or circumstances, shall not be affected by such action and

    shall continue in full force and effect. To this end, the provisions

    of this Chapter are severable. Further, to the extent Section

    12Q.3(a)(2) may be enjoined or held invalid by a court of law, the

    Contracting Party may alternatively comply in accordance with

    Section 12Q.3(c)(2).

 

    (Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Renumbered

    by Ord. 49-06, File No. 051908, App. 3/24/2006)

 

 

 

      CHAPTER 12R: MINIMUM WAGE

 

    *

    *

 

    Sec. 12R.1. Title.

 

    Sec. 12R.2. Authority.

 

    Sec. 12R.3. Definitions.

 

    Sec. 12R.4. Minimum Wage.

 

    Sec. 12R.5. Notice, Posting and Payroll Records.

 

    Sec. 12R.6. Retaliation Prohibited.

 

    Sec. 12R.7. Implementation and Enforcement.

 

    Sec. 12R.8. Waiver Through Collective Bargaining.

 

    Sec. 12R.9. Relationship to Other Requirements.

 

    Sec. 12R.10. Application of Minimum Wage to Welfare-to-Work Programs.

 

    Sec. 12R.11. Effective Date.

 

    Sec. 12R.12. Severability.

 

    Sec. 12R.13. Amendment by the Board of Supervisors.

 

    Sec. 12R.14. Civil Actions.

 

    Sec. 12R.15. Remedies Cumulative.

 

    Sec. 12R.16. Administrative Penalties and Citations.

 

    Sec. 12R.17. Violations.

 

    Sec. 12R.18. Administrative Citation; Notice of Violation.

 

    Sec. 12R.19. Administrative Citation and Notice of Violation; Service.

 

    Sec. 12R.20. Administrative Citation; Contents.

 

    Sec. 12R.21. Administrative Appeal.

 

    Sec. 12R.22. Regulations.

 

    Sec. 12R.23. Judicial Review.

 

    Sec. 12R.24. Other Remedies Not Affected.

 

    Sec. 12R.25. Outreach.

 

    Sec. 12R.26. Reports.

 

    *SEC. 12R.1. TITLE.*

 

    This Chapter shall be known as the "Minimum Wage Ordinance."

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.2. AUTHORITY.*

 

    This Chapter is adopted pursuant to the powers vested in the City

    and County of San Francisco ("the City") under the laws and

    Constitution of the State of California and the City Charter

    including, but not limited to, the police powers vested in the City

    pursuant to Article XI, Section 7 of the California Constitution and

    Section 1205(b) of the California Labor Law.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.3. DEFINITIONS.*

 

    As used in this Chapter, the following capitalized terms shall have

    the following meanings:

 

    "Agency" shall mean the Living Wage/Living Health Division of the

    Office of Contract Administration or such other City department or

    agency as the City shall by resolution designate.

 

    "City" shall mean the City and County of San Francisco.

 

    "Employee" shall mean any person who:

 

    (a) In a particular week performs at least two (2) hours of work for

    an Employer within the geographic boundaries of the City; and

 

    (b) Qualifies as an employee entitled to payment of a minimum wage

    from any employer under the California minimum wage law, as provided

    under Section 1197 of the California Labor Code and wage orders

    published by the California Industrial Welfare Commission, or is a

    participant in a Welfare-to-Work Program.

 

    "Employer" shall mean any person, as defined in Section 18 of the

    California Labor Code, including corporate officers or executives,

    who directly or indirectly or through an agent any other person,

    including through the services of a temporary services or staffing

    agency or similar entity, employs or exercises control over the

    wages, hours or working conditions of any Employee.

 

    "Minimum Wage" shall have the meaning set forth in Section [12R.]4

    of this Chapter.

 

    "Small Business" shall mean an Employer for which fewer than ten

    (10) persons perform work for compensation during a given week. In

    determining the number of persons performing work for an Employer

    during a given week, all persons performing work for compensation on

    a full-time, part-time, or temporary basis shall be counted,

    including persons made available to work through the services of a

    temporary services or staffing agency or similar entity.

 

    "Nonprofit Corporation" shall mean a nonprofit corporation, duly

    organized, validly existing and in good standing under the laws of

    the jurisdiction of its incorporation and (if a foreign corporation)

    in good standing under the laws of the State of California, which

    corporation has established and maintains valid nonprofit status

    under Section 501(c)(3) of the United States Internal Revenue Code

    of 1986, as amended, and all rules and regulations promulgated under

    such Section.

 

    "Welfare-to-Work Program" shall mean the City's CalWORKS Program,

    County Adult Assistance Program (CAAP) which includes the Personal

    Assisted Employment Services (PAES) Program, and General Assistance

    Program, and any successor programs that are substantially similar

    to them.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.4. .*

 

    (a) Employers shall pay Employees no less than the Minimum Wage for

    each hour worked within the geographic boundaries of the City.

 

    (b) Beginning on the effective date of this Chapter, the Minimum

    Wage shall be an hourly rate of $8.50. To prevent inflation from

    eroding its value, beginning on January 1, 2005, and each year

    thereafter, the Minimum Wage shall increase by an amount

    corresponding to the prior year's increase, if any, in the Consumer

    Price Index for urban wage earners and clerical workers for the San

    Francisco-Oakland-San Jose, CA metropolitan statistical area.

 

    (c) The Minimum Wage for Employers that are Small Businesses or

    Nonprofit Corporations shall phase in over a two year period in

    order to afford such Employers time to adjust. For such Employers,

    the effective date of this Chapter shall be January 1, 2005. For a

    transition period beginning January 1, 2005 and ending December 31,

    2005, the Minimum Wage for Employees of such Employers shall be an

    hourly rate of $7.75. Beginning January 1, 2006, the Minimum Wage

    for Employees of such Employers shall be the regular Minimum Wage

    established pursuant to Section 4(b) of this Chapter.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.5. NOTICE, POSTING AND PAYROLL RECORDS.*

 

    (a) By December 1 of each year, the Agency shall publish and make

    available to Employers a bulletin announcing the adjusted Minimum

    Wage rate for the upcoming year, which shall take effect on January

    1. In conjunction with this bulletin, the Agency shall by December 1

    of each year publish and make available to Employers, in all

    languages spoken by more than five percent of the San Francisco work

    force, a notice suitable for posting by Employers in the workplace

    informing Employees of the current Minimum Wage rate and of their

    rights under this Chapter.

 

    (b) Every Employer shall post in a conspicuous place at any

    workplace or job site where any Employee works the notice published

    each year by the Agency informing Employees of t he current Minimum

    Wage rate and of their rights under this Chapter. Every Employer

    shall post such notices in English, Spanish, Chinese and any other

    language spoken by at least five percent of the Employees at the

    workplace or job site. Every Employer shall also provide each

    Employee at the time of hire the Employer's name, address and

    telephone number in writing.

 

    (c) Employers shall retain payroll records pertaining to Employees

    for a period of four years, and shall allow the Agency access to

    such records, with appropriate notice and at a mutually agreeable

    time, to monitor compliance with the requirements of this Chapter.

    Where an Employer does not maintain or retain adequate records

    documenting wages paid or does not allow the Agency reasonable

    access to such records, it shall be presumed that the Employer paid

    no more than the applicable federal or state minimum wage, absent

    clear and convincing evidence otherwise.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.6. RETALIATION PROHIBITED.*

 

    It shall be unlawful for an Employer or any other party to

    discriminate in any manner or take adverse action against any person

    in retaliation for exercising rights protected under this Chapter.

    Rights protected under this Chapter include, but are not limited to:

    the right to file a complaint or inform any person about any party's

    alleged noncompliance with this Chapter; and the right to inform any

    person of his or her potential rights under this Chapter and to

    assist him or her in asserting such rights. Protections of this

    Chapter shall apply to any person who mistakenly, but in good faith,

    alleges noncompliance with this Chapter. Taking adverse action

    against a person within ninety (90) days of the person's exercise of

    rights protected under this Chapter shall raise a rebuttable

    presumption of having done so in retaliation for the exercise of

    such rights.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.7. IMPLEMENTATION AND ENFORCEMENT.*

 

    (a) Implementation. The Agency shall be authorized to coordinate

    implementation and enforcement of this Chapter and may promulgate

    appropriate guidelines or rules for such purposes. Any guidelines or

    rules promulgated by the Agency shall have the force and effect of

    law and may be relied on by Employers, Employees and other parties

    to determine their rights and responsibilities under this Chapter.

    Any guidelines or rules may establish procedures for ensuring fair,

    efficient and cost-effective implementation of this Chapter,

    including supplementary procedures for helping to inform Employees

    of their rights under this Chapter, for monitoring Employer

    compliance with this Chapter, and for providing administrative

    hearings to determine whether an Employer or other person has

    violated the requirements of this Chapter.

 

    (b) Administrative Enforcement. The Agency is authorized to take

    appropriate steps to enforce this Chapter. The Agency may

    investigate any possible violations of this Chapter by an Employer

    or other person. Where the Agency has reason to believe that a

    violation has occurred, it may order any appropriate temporary or

    interim relief to mitigate the violation or maintain the status quo

    pending completion of a full investigation or hearing. Where the

    Agency, after a hearing that affords a suspected violator due

    process, determines that a violation has occurred, it may order any

    appropriate relief including, but not limited to, reinstatement, the

    payment of any back wages unlawfully withheld, and the payment of an

    additional sum as an administrative penalty in the amount of $50 to

    each Employee or person whose rights under this Chapter were

    violated for each day or portion thereof that the violation occurred

    or continued. A violation for unlawfully withholding wages shall be

    deemed to continue from the date immediately following the date that

    the wages were due and payable as provided in Part 1 (commencing

    with Section 200) of Division 2 of the California Labor Code, to the

    date immediately preceding the date the wages are paid in full.

    Where prompt compliance is not forthcoming, the Agency may take any

    appropriate enforcement action to secure compliance, including

    initiating a civil action pursuant to Section 7(c) of this Chapter

    and/or, except where prohibited by state or federal law, requesting

    that City agencies or departments revoke or suspend any registration

    certificates, permits or licenses held or requested by the Employer

    or person until such time as the violation is remedied. In order to

    compensate the City for the costs of investigating and remedying the

    violation, the Agency may also order the violating Employer or

    person to pay to the City a sum of not more than $50 for each day or

    portion thereof and for each Employee or person as to whom the

    violation occurred or continued. Such funds shall be allocated to

    the Agency and shall be used to offset the costs of implementing and

    enforcing this Chapter. The amounts of all sums and payments

    authorized or required under this Chapter shall be updated annually

    for inflation, beginning January 1, 2005, using the inflation rate

    and procedures set forth in Section 4(b) of this Chapter. An

    Employee or other person may report to the Agency in writing any

    suspected violation of this Chapter. The Agency shall encourage

    reporting pursuant to this subsection by keeping confidential, to

    the maximum extent permitted by applicable laws, the name and other

    identifying information of the Employee or person reporting the

    violation. Provided, however, that with the authorization of such

    person, the Agency may disclose his or her name and identifying

    information as necessary to enforce this Chapter or for other

    appropriate purposes.

 

    (c) Civil Enforcement. The Agency, the City Attorney, any person

    aggrieved by a violation of this Chapter, any entity a member of

    which is aggrieved by a violation of this Chapter, or any other

    person or entity acting on behalf of the public as provided for

    under applicable state law, may bring a civil action in a court of

    competent jurisdiction against the Employer or other person

    violating this Chapter and, upon prevailing, shall be entitled to

    such legal or equitable relief as may be appropriate to remedy the

    violation including, without limitation, the payment of any back

    wages unlawfully withheld, the payment of an additional sum as

    liquidated damages in the amount of $50 to each Employee or person

    whose rights under this Chapter were violated for each day or

    portion thereof that the violation occurred or continued,

    reinstatement in employment and/or injunctive relief, and shall be

    awarded reasonable attorneys' fees and costs. Provided, however,

    that any person or entity enforcing this Chapter on behalf of the

    public as provided for under applicable state law shall, upon

    prevailing, be entitled only to equitable, injunctive or

    restitutionary relief, and reasonable attorneys' fees and costs.

 

    (d) Interest. In any administrative or civil action brought for the

    nonpayment of wages under this Section, the Agency or court, as the

    case may be, shall award interest on all due and unpaid wages at the

    rate of interest specified in subdivision (b) of Section 3289 of the

    California Civil Code, which shall accrue from the date that the

    wages were due and payable as provided in Part 1 (commencing with

    Section 200) of Division 2 of the California Labor Code, to the date

    the wages are paid in full.

 

    (Added by Proposition L, 11/4/2003; Ord. 205-06, File No. 060247,

    App. 7/25/2006)

 

    *SEC. 12R.8. WAIVER THROUGH COLLECTIVE BARGAINING.*

 

    All or any portion of the applicable requirements of this Chapter

    shall not apply to Employees covered by a bona fide collective

    bargaining agreement to the extent that such requirements are

    expressly waived in the collective bargaining agreement in clear and

    unambiguous terms.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.9. RELATIONSHIP TO OTHER REQUIREMENTS.*

 

    This Chapter provides for payment of a minimum wage and shall not be

    construed to preempt or otherwise limit or affect the applicability

    of any other law, regulation, requirement, policy or standard that

    provides for payment of higher or supplemental wages or benefits, or

    that extends other protections including, but not limited to, the

    San Francisco Minimum Compensation Ordinance.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.10. APPLICATION OF TO WELFARE-TO-WORK PROGRAMS.*

 

    The Minimum Wage established pursuant to Section 4(b) of this

    Chapter shall apply to the City's Welfare-to-Work Programs under

    which persons must perform work in exchange for receipt of benefits.

    Participants in Welfare-to-Work Programs shall not, during a given

    benefits period, be required to work more than a number of hours

    equal to the value of all cash benefits received during that period,

    divided by the Minimum Wage. Where state or federal law would

    preclude the City from reducing the number of work hours required

    under a given Welfare-to-Work Program, the City may comply with this

    Section by increasing the cash benefits awarded so that their value

    is no less than the product of the Minimum Wage multiplied by the

    number of work hours required.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.11. EFFECTIVE DATE.*

 

    This Chapter shall become effective ninety (90) days after it is

    adopted. This Chapter is intended to have prospective effect only.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.12. SEVERABILITY.*

 

    If any part or provision of this Chapter, or the application of this

    Chapter to any person or circumstance, is held invalid, the

    remainder of this Chapter, including the application of such part or

    provisions to other persons or circumstances, shall not be affected

    by such a holding and shall continue in full force and effect. To

    this end, the provisions of this Chapter are severable.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.13. AMENDMENT BY THE BOARD OF SUPERVISORS.*

 

    This Chapter may be amended by the Board of Supervisors as regards

    the implementation or enforcement thereof, but not as regards the

    substantive requirements of the Chapter or its scope of coverage.

 

    (Added by Proposition L, 11/4/2003)

 

    *SEC. 12R.14. CIVIL ACTIONS.*

 

    In addition to the actions provided for in Section 12R.7(c), the

    City Attorney may bring a civil action to enjoin any violation of

    this Chapter. The City shall be entitled to its attorney's fees and

    costs in any action brought pursuant to this Section where the City

    is the prevailing party.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.15. REMEDIES CUMULATIVE.*

 

    The remedies, penalties and procedures provided under this Chapter

    are cumulative and are not intended to be exclusive of any other

    available remedies, penalties and procedures.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.16. ADMINISTRATIVE PENALTIES AND CITATIONS.*

 

    (a) Administrative Penalties; Citations. An administrative penalty

    may be assessed for a violation of the provisions of this Chapter as

    specified below. The penalty may be assessed by means of an

    administrative citation issued by the Director of the Office of

    Labor Standards Enforcement.

 

    (b) Administrative Penalty Amounts. In addition to all other civil

    penalties provided for by law, the following violations shall be

    subject to administrative penalties in the amounts set forth below:

    VIOLATION      *PENALTY AMOUNT*

    Failure to maintain payroll records or to retain payroll records for

    four years ? Administrative Code Section 12R.5(c)      $500.00

    Failure to allow the Office of Labor Standards Enforcement to

    inspect payroll records ? Administrative Code Section 12R.5(c)      $500.00

    Retaliation for exercising rights under Minimum Wage Ordinance ?

    Administrative Code [Section] 12R.6      $500.00

 

    The penalty amounts shall be increased cumulatively by fifty percent

    (50%) for each subsequent violation of the same provision by the

    same employer or person within a three (3) year period. The maximum

    penalty amount that may be imposed by administrative citation in a

    calendar year for each type of violation listed above shall be

    $5,000. In addition to the penalty amounts listed above, the Office

    of Labor Standards Enforcement may assess enforcement costs to cover

    the reasonable costs incurred in enforcing the administrative

    penalty, including reasonable attorneys' fees. Enforcement costs

    shall not count toward the $5,000 annual maximum.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.17. VIOLATIONS.*

 

    (a) Separate and Continuing Violations; Penalties Paid Do Not Cure

    Violations. Each and every day that a violation exists constitutes a

    separate and distinct offense. Each section violated constitutes a

    separate violation for any day at issue. If the person or persons

    responsible for a violation fail to correct the violation within the

    time period specified on the citation and required under Section

    12R.18, the Director of the Office of Labor Standards Enforcement

    may issue subsequent administrative citations for the uncorrected

    violation(s) without issuing a new notice as otherwise required by

    Section 12R.18(a). Payment of the penalty shall not excuse the

    failure to correct the violation nor shall it bar any further

    enforcement action by the City. If penalties and costs are the

    subject of administrative appeal or judicial review, then the

    accrual of such penalties and costs shall be stayed until the

    determination of such appeal or review is final.

 

    (b) Payments to City; Due Date; Late Payment Penalty. All penalties

    assessed under Section 12R.16 shall be payable to the City and

    County of San Francisco. Administrative penalties and costs assessed

    by means of an administrative citation shall be due within thirty

    (30) days from the date of the citation. The failure of any person

    to pay an administrative penalty and costs within that time shall

    result in the assessment of an additional late fee. The amount of

    the late fee shall be ten (10) percent of the total amount of the

    administrative penalty assessed for each month the penalty and any

    already accrued late payment penalty remains unpaid.

 

    (c) Collection of Penalties; Special Assessments. The failure of any

    person to pay a penalty assessed by administrative citation under

    Section 12R.16 within the time specified on the citation constitutes

    a debt to the City. The City may file a civil action, create and

    impose liens as set forth below, or pursue any other legal remedy to

    collect such money.

 

    (d) Liens. The City may create and impose liens against any property

    owned or operated by a person who fails to pay a penalty assessed by

    administrative citation. The procedures provided for in Chapter XX

    of Chapter 10 of the San Francisco Administrative Code shall govern

    the imposition and collection of such liens.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.18. ADMINISTRATIVE CITATION; NOTICE OF VIOLATION.*

 

    (a) Notice and Opportunity to Cure. The Director of the Office of

    Labor Standards Enforcement ("Director") or his or her designee

    shall notify any person in violation of the Code provisions

    identified in Section 12R.16(b) of such violation prior to the

    issuance of an administrative citation. Regardless of the manner of

    service of the notice under Section 12R.19, the Director or his or

    her designee may post the notice of violation by affixing the notice

    to a surface in a conspicuous place on property that is (1) the

    person's principal place of business in the City, or (2) if the

    person's principal place of business is outside the City, the fixed

    location within the City from or at which the person conducts

    business in the City, or (3) if the person does not regularly

    conduct business from a fixed location in the City, one of the

    following: (i) the location where the person maintains payroll

    records if the notice of violation is for violation of Section

    12R.5(c), or (ii) the jobsite or other primary location where the

    person's employees perform services in the City at the time the

    notice is posted. The notice of violation shall specify the action

    required to correct or otherwise remedy the violation(s). The person

    or persons responsible for the violation shall be allowed not less

    than ten (10) days from the date of the notice of violation to

    establish that no violation occurred or such person or persons are

    not responsible for the violation, or correct or otherwise remedy

    the violation; provided, however, that the Director may, in his or

    her discretion, assign a longer period, not to exceed twenty-one

    (21) days, within which to correct or otherwise remedy each

    violation, or establish that no violation occurred or such person or

    persons are not responsible for the violation. The Director may

    consider the cost of correction and the time needed to obtain

    information, documents, data and records for correction in assigning

    a specific period of time within which to correct or otherwise

    remedy each violation, or obtain and submit evidence that no

    violation occurred or such person or persons are not responsible for

    the violation.

 

    (b) Issuance of Citation. If the person or persons responsible for

    the violation fail to comply with any portion of a notice of

    violation within the time provided, the Director may issue an

    administrative citation to the violator. The administrative citation

    shall be issued on a form prescribed by the Office of Labor

    Standards Enforcement.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.19. ADMINISTRATIVE CITATION AND NOTICE OF VIOLATION;

    SERVICE.*

 

    Service of a notice of violation and an administrative citation

    under Section 12R.16 may be accomplished as follows:

 

    (a) The Director or his or her designee may obtain the signature of

    the person responsible for the violation to establish personal

    service of the citation; or

 

    (b) (1) The Director or his or her designee shall post the citation

    by affixing the citation to a surface in a conspicuous place on the

    property described in Section 12R.18. Conspicuous posting of the

    citation is not required when personal service is accomplished or

    when conspicuous posting poses a hardship, risk to personal health

    or safety or is excessively expensive; and

 

    (2) The Director or his or her designee shall serve the citation by

    first class mail as follows:

 

    (i) The administrative citation shall be mailed to the person

    responsible for the violation by first class mail, postage prepaid,

    with a declaration of service under penalty of perjury; and

 

    (ii) A declaration of service shall be made by the person mailing

    the administrative citation showing the date and manner of service

    by mail and reciting the name and address of the person to whom the

    citation is issued; and

 

    (iii) Service of the administrative citation by mail in the manner

    described above shall be effective on the date of mailing.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.20. ADMINISTRATIVE CITATION; CONTENTS.*

 

    The administrative citation under Section 12R.16 shall include all

    the following:

 

    (1) A description of the violation;

 

    (2) The date and location of the violation(s) observed;

 

    (3) A citation to the provisions of law violated;

 

    (4) A description of corrective action required;

 

    (5) A statement explaining that each day of a continuing violation

    may constitute a new and separate violation;

 

    (6) The amount of administrative penalty imposed for the violation(s);

 

    (7) A statement informing the violator that the fine shall be paid

    to the City and County of San Francisco within thirty (30) days from

    the date on the administrative citation, the procedure for payment,

    and the consequences of failure to pay;

 

    (8) A description of the process for appealing the citation,

    including the deadline for filing such an appeal; and

 

    (9) The name and signature of the Director.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.21. ADMINISTRATIVE APPEAL.*

 

    (a) Period of Limitation for Appeal. Persons receiving an

    administrative citation may appeal it within fifteen (15) days from

    the date the citation is served. The appeal must be in writing and

    must indicate a return address. It must be accompanied by the

    penalty amount, specifying the basis for the appeal in detail, and

    must be filed with both the Office of Labor Standards Enforcement

    and the Controller's Office as indicated in the administrative

    citation.

 

    (b) Hearing Date. As soon as practicable after receiving the written

    notice of appeal and the penalty amount, the Controller or his or

    her designee shall promptly select a hearing officer (who shall not

    be an employed in the Office of Labor Standards Enforcement) to hear

    and decide the administrative appeal. The hearing officer shall fix

    a date, time and place for the hearing on the appeal. Written notice

    of the time and place for the hearing may be served by first class

    mail, at the return address indicated on the written appeal. Service

    of the notice must be made at least ten (10) days prior to the date

    of the hearing to the person appealing the citation. The hearing

    shall be held no later than thirty (30) days after service of the

    notice of hearing, unless that time is extended by mutual agreement

    of the parties.

 

    (c) Notice. Except as otherwise provided by law, the failure of any

    person with an interest in property affected by the administrative

    citation, or other person responsible for a violation, to receive a

    properly addressed notice of the hearing shall not affect the

    validity of any proceedings under this Chapter. Service by first

    class mail, postage prepaid, shall be effective on the date of mailing.

 

    (d) Failure to Appeal. Failure of any person to file an appeal in

    accordance with the provisions of this Section or to appear at the

    hearing shall constitute a failure to exhaust administrative

    remedies and a forfeiture of the penalty amount previously remitted.

 

    (e) Submittals for the Hearing. No later than five (5) days prior to

    the hearing, the person to whom the citation was issued and the

    Office of Labor Standards Enforcement shall submit to the hearing

    officer, with simultaneous service on the opposing party, written

    information including, but not limited to, the following: the

    statement of issues to be determined by the hearing officer and a

    statement of the evidence to be offered and the witnesses to be

    presented at the hearing.

 

    (f) Conduct of Hearing. The hearing officer appointed by the

    Controller or the Controller's designee shall conduct all appeal

    hearings under this Chapter. The Office of Labor Standards

    Enforcement shall have the burden of proof in such hearings. The

    hearing officer may accept evidence on which persons would commonly

    rely in the conduct of their serious business affairs, including but

    not limited to the following:

 

    (1) A valid citation shall be prima facie evidence of the violation;

 

    (2) The hearing officer may accept testimony by declaration under

    penalty of perjury relating to the violation and the appropriate

    means of correcting the violation;

 

    (3) The person responsible for the violation, or any other

    interested person, may present testimony or evidence concerning the

    violation and the means and time frame for correction.

 

    The hearing shall be open to the public and shall be tape-recorded.

    Any party to the hearing may, at his or her own expense, cause the

    hearing to be recorded and transcribed by a certified court

    reporter. The hearing officer may continue the hearing and request

    additional information from the Office of Labor Standards

    Enforcement or the appellant prior to issuing a written decision.

 

    (g) Hearing Officer's Decision; Findings. The hearing officer shall

    make findings based an the record of the hearing and issue a

    decision based on such findings within fifteen (15) days of

    conclusion of the hearing. The hearing officer's decision may uphold

    the issuance of a citation and penalties stated therein, may dismiss

    a citation, or may uphold the issuance of the citation but reduce,

    waive or conditionally reduce or waive the penalties stated in a

    citation or any late fees assessed if mitigating circumstances are

    shown and the hearing of officer finds specific grounds for

    reduction or waiver in the evidence presented at the hearing. The

    hearing officer may impose conditions and deadlines for the

    correction of violations or the payment of outstanding civil

    penalties. Copies of the findings and decision shall be served upon

    the appellant and the Office of Labor Standards Enforcement by

    certified mail.

 

    (h) Hearing Officer's Decision. The decision of the hearing officer

    is final. If the hearing officer concludes that the violation

    charged in the citation did not occur or that the person charged in

    the citation was not the responsible party, the Office of Labor

    Standards Enforcement shall refund or cause to be refunded the

    penalty amount to the person who deposited such amount. The hearing

    officer's decision shall be served on the appellant by certified mail.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.22. REGULATIONS.*

 

    The Office of Labor Standards Enforcement may promulgate and enforce

    rules and regulations, and issue determinations and interpretations

    relating to the administrative penalty and citation system pursuant

    to Sections 12R.16 through 12R.20, inclusive. The Controller may

    promulgate and enforce rules and regulations, and issue

    determinations and interpretations relating to the conduct of

    administrative appeals under Section 12R.21. Any rules and

    regulations promulgated by the Office of Labor Standards Enforcement

    or Controller shall be approved as to legal form by the City

    Attorney, and shall be subject to not less than one noticed public

    hearing. The rules and regulations shall become effective 30 days

    after receipt by the Clerk of the Board of Supervisors, unless the

    Board of Supervisors by resolution disapproves or modifies the

    regulations. The Board of Supervisors' determination to modify or

    disapprove a rule or regulation submitted by the Office of Labor

    Standards Enforcement or Controller shall not impair the ability of

    the Office of Labor Standards Enforcement or Controller to resubmit

    the same or similar rule or regulation directly to the Board of

    Supervisors if the Office of Labor Standards Enforcement or

    Controller determines it is necessary to effectuate the purposes of

    this Chapter.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.23. JUDICIAL REVIEW.*

 

    (a) Procedures. After receipt of the decision of the hearing officer

    under Section 12R.21, the appellant may file an appeal with the

    superior court pursuant to California Government Code Section

    53069.4. The appeal shall be submitted within twenty (20) days of

    the date of mailing of the hearing officer's decision, with the

    applicable filing fee. The appeal shall state the reasons the

    appellant objects to the findings or decision.

 

    (b) Review. The superior court shall conduct a de novo hearing,

    except that the contents of the Office of Labor Standards

    Enforcement's file (excluding attorney client communications and

    other privileged or confidential documents and materials that are

    not discoverable or may be excluded from evidence in judicial

    proceedings under the Evidence Code, Civil Code, Code of Civil

    Procedure or other applicable law) shall be received into evidence.

    A copy of the notice of violation and imposition of penalty shall be

    entered as prima facie evidence of the facts stated therein.

 

    (c) Filing Fee. The superior court filing fee shall be twenty-five

    ($25.00). If the court finds in favor of the appellant, the amount

    of the fee shall be reimbursed to the appellant by the City and

    County of San Francisco. Any deposit of penalty shall be refunded by

    the City and County of San Francisco in accordance with the judgment

    of the court.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.24. OTHER REMEDIES NOT AFFECTED.*

 

    The administrative citation procedures established in this Chapter

    shall be in addition to any other criminal, civil, or other remedy

    established by law which may be pursued to address violations of

    this Chapter. An administrative citation issued pursuant to this

    Chapter shall not prejudice or adversely affect any other action,

    civil or criminal, that may be brought to abate a violation or to

    seek compensation for damages suffered.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.25. OUTREACH.*

 

    The Office of Labor Standards Enforcement shall establish a

    community-based outreach program to conduct education and outreach

    to employees.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

 

    *SEC. 12R.26. REPORTS.*

 

    The Office of Labor Standards Enforcement shall provide annual

    reports to the Board of Supervisors on the implementation of the

    Minimum Wage Ordinance.

 

    (Added by Ord. 205-06, File No. 060247, App. 7/25/2006)