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City and County of San Francisco

Meeting Information



Elections Commission

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City and County of San Francisco

Elections Commission

Approved: May 3, 2006

Minutes of the Meeting at City Hall Room 408

April 19, 2006

 

1.   CALL TO ORDER.  President Matthews called the meeting to order at 7:03 pm.

 

2.   ROLL CALL.  PRESENT: Commissioners Gerard Gleason, Richard P. Matthews, Arnold Townsend, Jennifer Meek and Michael Mendelson.  Commissioner Sheila Chung joined the meeting at approximately 7:30 pm.

 

3.   DIRECTOR'S REPORT.

 

Ballot Distribution – The Central Committee Card will be arriving at 240 Van Ness Avenue.  Brooks Hall is being readied for the assembly of the Absentee Ballots, which will begin next Monday in preparation for mailing on May 8.  The Health Services Election has been cancelled because there was only one candidate. 

 

Budget and Personnel – Requisitions for supplies and staff are the main activities currently.  

 

Campaign Services – The Phone Bank began this week (the 554-4375 main number now goes to the Phone Bank).  Staff is formulating the Observer Guide for tours and escorts for the June Election.  Open House will be May 17, 2006 from 3:30 to 5:30.

 

Outreach – A new staff member was hired today whose focus will be low voter turnout areas, college campuses, and the ex-offenders’ program.  The Outreach team now has six members.  One of the main focuses of the team is to educate voters about the AutoMARK voting system.  There are currently eleven presentations scheduled regarding the system.  In April, there were 75 presentations and table events scheduled - this was a busy, ambitious, and rewarding schedule.  At the Immigration Service’s New Citizens’ ceremonies, the Department of Elections usually gets around 80 registration cards.  However, this month 250 registrations were returned from the new citizens.  This increase is attributed to our Outreach Division’s efforts to make their presentation before the ceremony instead of afterwards, which was the procedure used in the past.  

 

Poll Locating/ADA – This Division experienced eleven site cancellations this week.  Efforts are being made to replace the cancellations and twenty-four of the least accessible sites in the City. 

 

Poll Worker Division – The Division has recruited nearly 2000 workers.  The Poll Worker Manual is in production.  Recruitment of High School students for this June’s election is expected to be lower than last November due to year-end tests and graduations.  There are 62 FEDs recruited so far, and trainers are working on their curriculum in preparation for classes next month. 

 

 

Technology – The Division has been working desktop and database support for the last several weeks. 

 

Voter Services – The Division is preparing for early voting which begins May 8th. Overseas ballots are being assembled and will be mailed out this Friday.

 

Update on the Voting System – The contract with Elections Systems and Software is complete for June 2006, and is now at the Purchaser’s Office.  Once it is signed there, the application goes to the Voting Modernization Board, hopefully next Tuesday, and will be calendared for their May meeting.  This is necessary to get the grant monies from the State to pay for the use of the AutoMARK for the June Election.

 

The SOMA Election in May – The Redevelopment Agency requested an election.  There is a several-block area south of Market of businesses and residents who want this election to assist in developing plans for the area.  This election will be May 3, 2006, noon until 8:00 pm at 1035 Folsom Street. 

 

  1. Discussion and possible action concerning what the Commission can do to ensure that the Department’s budget is adequate.  President Matthews posed this question to the Director who responded that, at this time, he could not propose any action for the Commission.

 

5.    New Business

 

(a)    Discussion and possible action to approve the minutes for the      Commission meeting of March 15, 2006.  Commissioner Mendelson MOVED and Commissioner Gleason SECONDED approval of the minutes.  The roll call vote was UNANIMOUS for approval of the minutes.

 

(b)    Report of the Forum on Voting Systems held on March 29, 2006 (Commissioner Gleason).  Commissioner Gleason reported that the forum was well attended with approximately 50 to 60 people in the audience.  The panelists were:  Ms. Courtenay S. Bhatia, President & CEO of Verified Voting, The Hon. Warren Slocum, Assessor, County-Clerk, Recorder for San Mateo County and Mr. Alan Dechart, President & CEO of Open Voting Consortium.  Due to time constraints at the forum, the questions and replies from the panelists are posted on the Elections Commission website under “meetings” and will also be available on the Department of Elections website.  The Commissioner thanked the Commission Secretary for her suggestion to cover the audiences’ written questions by having the panelists respond in writing and making those responses available to the public on the Elections Commission and Department websites.

 

Public Comment.  Jim Soper and Steven Hill commended the Commission for holding the Voting Systems Forum.   Steven Hill encouraged the Commission to hold more forums regarding other topics of voter interest.

 

(c)   Discussion and possible action for the Elections Commission to send a letter to the Secretary of State of California asking that the “conditional approval” of the ES&S Ranked-Choice Voting system and methods be upgraded to “approval.”  Proponent suggests that the ES&S RCV system and procedure has worked as intended in the two elections over two years in which it has been used in San Francisco, thus warranting full certification.  (Commissioner Gleason).  Commissioner Gleason presented a draft of this letter.  He said that purpose of having this item on the agenda is to provide “peace of mind” for the Department as it goes forward to the November Election. Commissioner Gleason said that he would like the Commission to communicate this request to the Secretary of State (SoS).

 

Commissioner Townsend said that he agreed with the purpose of the letter, but that letter presumes to know the mind of the SoS.  He would prefer a tone that doesn’t  assume that that the reason for the delay was the resignation of Kevin Shelly.  He would prefer that this be a question.  The Commissioner also objected to the use of someone other than “staff” drafting a letter for the Commission to approve. 

 

Commissioner Gleason said that he was against the Department writing letters for the Commission, and gave the example that the Police Department does not and should not write letters for its Commission.  He stated that he was willing to put this item over to the next meeting.  

 

            President Matthews asked if Commissioner Gleason would re-draft the letter in a more “Commission-like tone”, fact check the assertions and calendar it for the next Commission meeting. 

 

Commissioner Gleason asked the Commission members to let him know their suggestions for the letter.

 

Public Comment.  Steven Hill (who was instrumental in researching and writing the first draft of the letter) said that the letter was basically a housecleaning item left over from the previous SoS administration.   He said that he sees no reason why the Commission cannot take information from people in the community who have expertise in areas of Commission concern.  David Pilpel said that he wasn’t sure that the Commission was proper in sending this type of correspondence to the SoS.  Vendors have the opportunity to certify their systems and the Departments have the opportunity to make certain request on the technology.  Mr. Pilpel suggested that this question be asked of the City Attorney and that perhaps the City should be speaking to the SoS with “one voice”, that is, through the Director of the Department, about this issue. 

 

President Matthews asked the Deputy City Attorney to advise the Commission, at his convenience, whether the Elections Commission is, in fact, constituted to write this type of correspondence to the SoS, or whether it would be more appropriate that either the vendor or Department do so.

 

Deputy City Attorney Marquez replied that he would look into this question and be prepared to respond at the next meeting.

 

            ACTION:  Item held over to next meeting.

 

  6.    Old Business

 

         (a) and (b)         Budget and Policy Committee report regarding decision to declare the Elections Commission Secretary position full time. (Commissioner Gleason)

           Commissioner Gleason reported that the Committee met and decided to communicate to the Director of Elections that the Commission Secretary position needs to continue to be full time.  In addition, it was decided that the Director would report back to the Committee or Commission regarding the outcome or status of forwarding this request to the Mayor’s Budget Office. 

 

               Public Comment.  David Pilpel stated that it was discussed at the Committee meeting whether the wording “decision to declare” was correct.  He suggested the wording be changed to “recommend that in the budget, that the Commission Secretary position be full time under the purview of the Commission." 

 

               MOTION:  Approving a letter to the Mayor’s Budget Office declaring the Elections Commission’s need for a full-time Secretary position and requesting full funding for the full-time Secretary position from the Elections Commission’s budget.  The Director is to report back to the Commission on the status of the position. 

 

               MOVED by Commissioner Townsend, SECONDED by Commissioner Meek.  Roll Call VOTE was unanimous.

 

(c)         Discussion and possible action to adopt the proposed Elections Commission Bylaws Amendments. (Commissioner Matthews).  President Matthews passed the gavel to Vice President Chung.  President Matthews presented the six articles that only contained grammatical and punctuation corrections for approval, followed by an Article by Article discussion of other amendments.   He explained that the amendments are presented to bring the Bylaws in closer alignment with the Charter provisions that created the Commission.

 

Public Comment.  David Pilpel presented his suggestions to the draft Bylaw amendments. 

 

MOTION:  To approve grammatical and punctuation changes to Articles 1, 6, 8, 9, 12, 13, and 14.

MOVED by Commissioner Matthews, SECONDED by Commissioner Meek.

Roll Call VOTE was UNANIMOUS.

 

MOTION:  To approve Article II amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Mendelson.

Roll Call VOTE was UNANIMOUS.

 

  MOTION:  To approve Article III amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Meek.

Roll Call VOTE was UNANIMOUS.

 

MOTION:  To approve Article IV amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Mendelson.

Roll Call VOTE was UNANIMOUS.

 

MOTION:  To approve Article V amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Gleason.

Roll Call VOTE was UNANIMOUS.

 

MOTION:  To approve Article VII amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Meek.

Roll Call VOTE was UNANIMOUS.

 

MOTION:  To approve Article X amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Townsend.

Roll Call VOTE was UNANIMOUS.

 

MOTION:  To approve Article XI amendment as discussed.

MOVED by Commissioner Matthews, SECONDED by Commissioner Mendelson.

Roll Call VOTE was UNANIMOUS.

 

7.   Public Comment.   David Pilpel asked that the Commission consider his Bylaws edits at a later date.  Jim Soper advised that the Assembly Elections Committee had brought out of committee AB2097, which mandates by June 30, 2007, that there be open source software for all election machines.

 

ADJOURNMENT at 8:45pm

 

 

Bylaws as amended:

 

Revisions: Additions are underlined, deletions are struck through, and sections moved have italized notes explaining their destination.

 

 

SAN FRANCISCO ELECTIONS COMMISSION

BYLAWS

ARTICLE I

THE COMMISSION

Section 1.  Commission Designation. 

 

                  A.  The Commission is officially designated "The San Francisco Elections Commission" (hereinafter the "Commission").

 

                              PRINCIPAL OFFICE

Section 2.  Site

 

                  A.  The Commission’s principal office and site for filing all relevant documents is: Room 48, 1 Carlton Goodlett Place, San Francisco, California 94102.

ARTICLE II

PURPOSE

Section 1.  Purpose. 

  1. The Commission shall oversee all public, federal, state, district, and municipal   elections in the City and County of San Francisco, as well as set general policies for the general practices of the Department of Elections.
  2. The Commission shall be responsible for the Department's proper administration of the Department of Elections subject to the San Francisco Charter's budgetary and fiscal provisions as well as other applicable state and federal laws.

 

ARTICLE III

COMMISSION'S EXISTENCE AND OPERATIONS

Section 1.  Commission Establishment. 

 

A.    The Commission exists and functions pursuant to Section 13.103.5, of the San Francisco Charter which establishes the jurisdiction, number of members of the Commission, Commissioners' terms, the term limitations, the employment limitations, and other relevant matters controlling the Commission's operation. (See, Attachment "A".)  The Commission also generally functions pursuant to Sections 4.102-4.104 of the San Francisco Charter, except to the extent that a given subsection conflicts with  or is incompatible with the Sections 13.103.5 or 13.104 of the San Francisco Charter.

 

COMMISSIONERS AS PUBLIC OFFICIALS

 

Section 2.  Public Officials

 

A.    Because the Charter provision creating the Commission makes Commission members officials of the City and County of San Francisco, the Commissioners are eligible for health benefits pursuant to Section A8.420, San Francisco City Charter. (See, Attachment "B").

                                                 ARTICLE IV

Section 1.  COMMISSION'S POWERS AND DUTIES

 

A.    The Commission shall create and implement general plans and policies consistent with the Commission's stated Charter purposes and objectives.

 

B.    The Commission shall consider approval of written plans, prior to each election, submitted by the Director of Elections, detailing the policies, procedures, and personnel that will be used to conduct the election. 

 

C.    The Commission shall conduct an assessment of how well the election plan referred to in subsection (B) above succeeded in carrying out a free, fair and functional election. 

 

B. D.        After public hearing, the Commission shall approve a departmental budget subject to Section 9.103, of the San Francisco Charter.

C.E. The Commission shall recommend to the Board of Supervisors rates, fees, and similar charges within the Commission's jurisdiction.

DF.  The Commission shall hire, manage, and supervise the Director of the Department of Elections.

EG.    The Commission shall conduct investigations into areas within the Commission's jurisdiction by holding hearings and taking testimony, and make recommendations to the Mayor or Board of Supervisors. 

FH.  The Commission shall appoint an Executive Secretary to manage the affairs and operations of the Commission.

  1.  I.   The Commission shall retain temporary counsel for specific purposes.

 

  1. The Commission shall exercise such other powers and duties as shall be prescribed by the Board of Supervisors which are not inconsistent with other laws which apply to the Elections Commission. 
  2.        The Commission shall adopt rules and regulations consistent with the San Francisco Charter and ordinances of the City and County setting forth general policies and practices relating to all public elections conducted by the department.  No rule or regulation shall be adopted, amended, or repealed, without a public hearing.  At least ten days’ public notice shall be given for such a public hearing.  All such rules and regulations shall be filed with the Clerk of the Board of Supervisors.

ARTICLE V

OFFICERS

Section 1.  Officers.

  1.      The Commission's executive officers are 1) President and , 2) Vice President, who serve at the Commission's pleasure.
  2. The Commission shall elect the executive officers by majority vote of the

      Commission's full membership.  The election of Commission executive officers shall be conducted at a Commission meeting in January of each year.

 The terms shall begin immediately at the conclusion of the meeting in which elections are held. 

 

C.  The Executive Officers’ terms are one year. shall serve a one-year term. 

 

D.  If a vacancy occurs in either executive office, the Commission shall elect new

      Executive Officer by majority vote of the Commission's full membership at the next regular meeting.

 

 

 

Section 2.  The President

  1.  The President shall preside at all Commission meetings when present.
  2. The President, with the Commission’s advice, shall prepare the agenda for all

       meetings.

  1.    The President shall appoint all committee members and committee chairs who
  2.   The President shall serve as an ex officio, non-voting member of all Commission

      serve at the President’s pleasure.

      committees. 

D.  In the president’s absence, the vice president shall preside at the Commission meeting.  In the absence of both the president and vice president, the Commission shall elect a president pro tem who shall preside at the Commission meeting.

 

Section 3.   The Vice President

A.  In the absence of the President, the Vice President shall act.

  1.  The Vice President shall perform such other duties as the President may

      determine.

ARTICLE VI

COMMISSION STAFF

Section 1.  Director Departmentof Elections.

  1.      Section 13.104, of  the San Francisco Charter, which establishes the Director of Election’s duties, term of service, method of removal shall control the Director's official conduct.
  2.      The Director shall attend all Commission and committee meetings;.
  3.      The Director shall report timely and regularly to the Commission on all matters

      concerning the Department's operation.

 

Section 2.  Commission Executive Secretary.

  1. The Executive Secretary shall attend all Commission and committee meetings.
  2.      The Executive Secretary shall be responsible for the proper recordation and
  3.     The Executive Secretary shall also serve as Executive Assistant to the

      distribution of all Commission actions, correspondence, agendas, and other

      duties assigned by the Commission President, including research, assisting

      committee chairs and officers, making recommendations on assigned projects,

      answering questions from the public about Commission activities and

      procedures, helping the Department of Elections staff prepare presentations

      before the Commission, representing the Commission at public and political

      gatherings as required by the Commission President.

      Commission President and, as such Executive Assistant to the Commission

      President, shall be responsible for communication between the Commission

      members, the Commission, and the Director, Department of Elections as well

      as other tasks the President shall assign.

ARTICLE VII

COMMITTEES

Section 1.  Standing Committees.  The Commission shall establish one standing committee, the General Policy and Budget and Oversight of Public Elections Committee.

 

 

 

Amended May 19, 2004

Section 2.  Committee Operations.  ( Move this section and rename it “Section 3”)

  1. Each committee shall consist of three members.
  2. A quorum shall consist of a majority of the committee members.
  3. The Committee shall act through majority vote of the Committee.
  4. If any Committee adopts a motion making any recommendation to the Commission, the Commission president shall place that item on the agenda for the next Commission meeting.

 

Section 3.  Additional Committees.  ( Move this section and rename it “Section 2”)

A.  The Commission may create additional committees when the Commission determines, by a majority vote, such additional committees are necessary.

 

ARTICLE VIII

MEETINGS

Section 1.  Quorum. 

  1. A quorum shall consist of a majority of the Commission.
  2. For a motion or other transaction to pass be adopted by the Commission, it must receive a majority vote of the Commission membership.

 

Section 2.   Public Comment.

 

  1. The Commission meetings are public; the Commission shall encourage public comment. 
  2. Any public member may address the Commission once for up to three minutes on any agenda item.
  3. Public comment is hereby made a permanent agenda item.
  4.       When an item may generate considerable public comment, the presiding officer, at his or her sole discretion, can require public commentators to sign up with the Executive Secretary.
  • i.Public commentators will speak based on "sign up" order.

ii           Public commentators who do not sign or do not wish to give their name  may comment after those who signed up to speak.

  1.        The presiding officer shall have the right to restrict public comment to a maximum of one minute if circumstances warrant restriction.

 

Section 3.  Public Minutes. 

 

  1. The Commission shall record minutes of each meeting and shall comply with the

     provisions of the San Francisco Sunshine Ordinance (San Francisco

      Administrative Code Section 67.16).

  1. Whenever practicable, the Commission shall approve the minutes at the next

      Commission meeting.

 

Section 4.  Regular Meetings. 

A.  The Commission shall establish a regular meeting time.

B.   A change in the date, time and/or place of Commission meetings shall not require By

      Law amendment of these Bylaws.

  1.      Regular meetings and/or special meetings may be held at other places, dates or times,

      subject to provisions of appropriate notice.

 

Section 5.  Closed Meetings. 

A.  The Commission is authorized to hold closed (non-public) meetings for limited purposes to discuss and act on matters such as threats to the security of the Department of Elections, consideration of the appointment, employment, evaluation, performance, or dismissal of the Director, Department of Elections, or Commission Executive Secretary, or pending litigation.

B.   Upon consultation of the City Attorney, and after determination a closed session is both authorized and appropriate under the circumstances, the President of the Commission may call a closed session.

 

Section 6.  Special Meetings. 

A.  The President of the Commission may call special meetings to address specific matters.

ARTICLE IX

VOTING

Section 1.  Voting and Abstention. 

A.  Each member present at a Commission shall vote (yes) or (no) “yes” or “no” when a question is put unless excused from voting by a motion adopted by a majority of members present. 

B.    If a question of conflict of interest arises, the Commissioners, by majority vote, shall determine if such conflict exists and shall excuse that Commissioner from voting on the question if a conflict is found.

 

Section 2.  Voting By Proxy. 

A.  No proxy voting shall be allowed. 

 

 

 

ARTICLE X

COMMISSION DEALINGS WITH THE DEPARTMENT OF ELECTIONS

 


A.  The Commission shall deal with the Department of Elections administrative matters solely through the Director, Department of Elections, or his or her designees; and any dictation, suggestions, or inference prohibited by the San Francisco Charter on the part of any Commission member shall constitute official misconduct; provided, however, nothing contained in this section shall restrict the Commission's powers of oversight of all public elections conducted by the department, hearing, and inquiry provided in the San Francisco Charter. 

ARTICLE XI

COMMISSION ANNALS

(Section “A” below is now renamed  “Section 1”)

A.  Each year, the Commission President shall cause to be bound the Commission

                        Annals".

(Section “B” below is now renamed  “Section 2”)

B.  Such annals shall be divided into the following sections in a manner so that

     succeeding Commissions have ready access to the information contained therein:

 

            i.          A. Budget for the year;

            ii.          B. President’s report;

            iii.         C. Commission minutes

iv.         D.  Other information the Commission deems significant and of assistance to subsequent Commissions.

(Section “C” below is now renamed  “Section 3”)

 C.       It is the intent to preserve and pass on to successive Commissions relevant

  information so as to make more effective subsequent Commission tenures by

  providing institutional memory to assist in resolution of recurring Commission

  problems.

 

ARTICLE XII

ROBERT’S RULES

A.  At the President's discretion, unless the Charter or other law requires otherwise, meetings shall be governed by the most recent edition of Roberts Rules of Order Newly Revised.

ARTICLE XIII

BYLAW AMENDMENTS

A.  The Elections Commission may amend these Bylaws By Laws by majority vote of the full Commission after circulating the proposed amendments at least ten (10) days prior to the meeting where a motion to amend is to be made.

 

Adopted: June 6, 2002

Michael Mendelson, President

 

ARTICLE XIV

 

The Elections Commission operations calendar

 

 

A.  The Commission shall establish and maintain an Elections Commission Operation Calendar

 

 

B.  Such calendar shall, on a monthly basis, state specifically the Commission’s mandated

      activities for each month of the calendar year

 

C. The Commission President, the Commission Secretary, and the Director of Elections Department  Director shall meet at a convenient time and place to create such calendar to ensure that such calendar coordinates effectively the Commission and Department’s activities.

 

  1. These individuals shall be designated the Calendar Committee and shall have all powers necessary to determine all relevant matters in the calendar’s creation and maintenance.

 

  1. the calendar it shall be available for dissemination to all parties who request copies of the calendar a copy of it.

 

 

 

 

 

 

 

 


 

ATTACHMENT – B

 

 

San Francisco Charter
APPENDICES
APPENDIX A EMPLOYMENT PROVISIONS*

 

 

 

 

 

A8.420     ESTABLISHMENT OF AND MEMBERSHIP IN HEALTH SERVICE SYSTEM

 

 

 

     A health service system is hereby established. Said system shall be administered by the human resources department subject to the approval of the health service board. The members of the system shall consist of all permanent employees, which shall include officers of the city and county, of the San Francisco Unified School District, and of the Parking Authority of the City and County of San Francisco and such other employees as may be determined by ordinance, subject to such conditions and qualifications as the board of supervisors may impose, and such employees as may be determined by collective bargaining agreement. Any employee who adheres to the faith or teachings of any recognized religious sect, denomination or organization and, in accordance with its creed, tenets or principles, depends for healing upon prayers in the practice of religion shall be exempt from the system upon filing annually with the human resources department an affidavit stating such adherence and dependence and disclaiming any benefits under the system. The human resources department shall have the power to exempt any person whose compensation exceeds the amount deemed sufficient for self coverage and any person who otherwise has provided for adequate medical care. Any claim or request for exemption denied by the human resources department may be appealed to the health services board.

 

 

 

 

 

 

 

 

 

 

 


 

ATTACHMENT A

SEC. 13.103.5.     ELECTIONS COMMISSION.

 

 

 

     An Elections Commission shall be established to oversee all public federal, state, district and municipal elections in the City and County.  The Commission shall set general policies for the Department of Elections and shall be responsible for the proper administration of the general practices of the Department, subject to the budgetary and fiscal provisions of this Charter.  These duties shall include but not be limited to approving written plans prior to each election, submitted by the Director of Elections, detailing the policies, procedures, and personnel that will be used to conduct the election as well as an assessment of how well the plan succeeded in carrying out a free, fair and functional election.
     The Commission shall consist of seven members who shall serve five-year terms.  No person appointed as a Commission member may serve as such for more than two successive five-year terms.  Any person appointed as a Commission member to complete more than two and one half years of a five-year term shall be deemed, for the purpose of this section, to have served one full term.  No person having served two successive five-year terms may serve as a Commission member until at least five years after the expiration of the second successive term in office.  Any Commission member who resigns with less than two and one half years remaining until the expiration of the term shall be deemed, for the purposes of this section, to have served a full five-year term.
     The Mayor, the Board of Supervisors, the City Attorney, the Public Defender, the District Attorney, the Treasurer, and the Board of Education of the San Francisco Unified School District each shall appoint one member of the Commission.  The member appointed by the Mayor shall have a background in the electoral process.  The member appointed by the City Attorney shall have a background in elections law.  The member appointed by the Treasurer shall have a background in financial management.  The members appointed by the District Attorney, Public Defender, the Board of Education of the San Francisco Unified School District, and the Board of Supervisors shall be broadly representative of the general public.  In the event a vacancy occurs, the appointing authority who appointed the member vacating the office shall appoint a qualified person to complete the remainder of the term.  All members initially appointed to the Election Commission shall take office on the first day of January, 2002.
     The initial terms of Commission members shall expire according to the following guidelines:  the term of the members appointed by the Mayor and the Board of Education of the San Francisco Unified School District shall expire on January 1, 2003; the term of the members appointed by the Board of Supervisors and the Treasurer shall expire on January 1 2004; the term of the member appointed by the City Attorney shall expire January 1, 2005; the term of the member appointed by the Public Defender shall expire January 1, 2006; and the term of the member appointed by the District Attorney shall expire January 1, 2007.
     Members of the Commission shall serve without compensation.  Members of the Commission shall be officers of the City and County, and may be removed by the appointing authority only pursuant to Section 15.105.  During his or her tenure, neither a member nor an employee of the Commission may: hold any other public office or employment with the City, state or federal government, with a district governmental body, with the governing body of any political party, with any City, district, state or federal official, or with a member of the governing body of any political party; participate in contribute to, solicit contributions to publicly endorse or urge the endorsement of a campaign supporting or opposing a candidate for City, district, state or federal office appearing on the ballot in San Francisco, the governing body of any political party appearing on the ballot in San Francisco, or a City, regional or state ballot measure appearing on the ballot in San Francisco; be an officer, director or employee of or hold a policymaking position in an organization that makes political endorsements regarding candidates or ballot measures appearing on the ballot in San Francisco; be a registered lobbyist or campaign consultant as defined under the City's lobbyist or campaign consultant ordinances; or employ or be employed by, or receive any gifts or other compensation from, a person required to register as a lobbyist or campaign consultant under the City's lobbyist or campaign consultant ordinances, a person who employs someone required to register as a lobbyist or campaign consultant under the City's lobbyist or campaign consultant ordinances, or a person who is employed by or holds office in an organization that makes political endorsements regarding candidates or ballot measures appearing on the ballot in San Francisco.  If a person appointed to the Elections Commission is, at the time of appointment, an officer, director or employee of or holds a policymaking position in an organization described herein, that person shall be eligible to serve on the Elections Commission only if he or she resigns from his or her office or employment with that organization within thirty days of appointment.
     For the purpose of this Section, "district" shall mean an existing or proposed public entity whose area includes any portion of the City and County of San Francisco or whose candidates or measures appear on the ballot in San Francisco.  This Section is not intended to prohibit a member or employee of the Commission from serving with the federal or state military reserves.  (Added November 2001)

 

ATTACHMENT C

 

 

 

 

SEC. 13.104.     DEPARTMENT OF ELECTIONS.

 

 

 

     A Department of Elections shall be established to conduct all public federal, state, district and municipal elections in the City and County. The department shall be administered by the Director of Elections, who shall be vested with the day-to-day conduct and management of the Department and of voter registration and matters pertaining to elections in the City and County. The Director shall report to the Elections Commission.
     For purposes of this section, the conduct of elections shall include, but not be limited to:  voter registration; the nomination and filing process for candidates to City and County offices; the preparation and distribution of voter information materials; ballots, precinct operations and vote count; the prevention of fraud in such elections; and the recount of ballots in cases of challenge or fraud.
     The Director shall be appointed by the Elections Commission from a list of qualified applicants provided pursuant to the civil service provisions of this Charter. The Director shall serve a five-year term, during which he or she may be removed by the Elections Commission for cause, upon written charges and following a hearing.  The Elections Commission shall present the written charges to the Director no less than thirty days before the hearing.  If the Elections Commission votes to remove the Director, he or she shall have the right to appeal to the Civil Service Commission.  On appeal, the Civil Service Commission shall be limited to consideration of the record before the Elections Commission; however, the Civil Service Commission may independently evaluate and weigh evidence and may in its discretion consider evidence proffered to the Elections Commission that the Commission excluded and may in its discretion exclude evidence that the Elections Commission considered.  The term of the Director shall expire five years after his or her appointment.  No less than thirty days before the expiration of the Director's term, the Elections Commission shall appoint a Director for the next term, who may but need not be the incumbent Director.  Subject to the civil service provisions of this Charter, the Director shall have the power to appoint and remove other employees of the Department of Elections.
     In addition to any other conflict of interest provisions applicable to City employees, the Director of Elections and all other employees of the Department of Elections shall be subject to the conflict-of-interest provisions in Section 13.103.5.  The Elections Commission, may upon the recommendation of the Director of Elections and a finding that the Department will not have adequate staffing to conduct an election, request from the Board of Supervisors a waiver of the conflict-of-interest provisions in Section 13.103.5 for employees working no more than thirty days in a single calendar year.  The Board of Supervisors shall approve or deny such requests from the Elections Commission by motion.  (Amended November 2001)