SEC. 4.110. DEFINITIONS.
§ 4.110
This section defines key terms used throughout Chapter 1, including definitions of "City," "improper government activity," "misuse of City funds," "unlawful activity," "wasteful and inefficient City government practices," "supervisor," "complainant's department," "preliminary investigation," and "deficiencies in the quality and delivery of government services."
This section explains what certain words mean when used in this chapter. For example, "City" includes all San Francisco departments and boards. "Improper government activity" means breaking laws or rules, or failing to do required duties in a way that endangers public health or safety. "Misuse of City funds" means spending City money for purposes the City didn't approve. "Supervisor" means someone with real authority to hire, fire, promote, or discipline other workers. "Wasteful and inefficient City government practices" means spending City money in ways that waste it without actually helping public health, safety, or services.
- Complex:Multiple definitions contain overlapping or similar concepts (improper government activity vs. unlawful activity), and some definitions are themselves multi-clause with internal exceptions, which may create confusion about precise application.
- Could be simpler:The definitions of "improper government activity" and "unlawful activity" are nearly identical except for one clause difference; consolidating or clarifying their distinct purposes would reduce ambiguity.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
For purposes of this Chapter 1, the following words and phrases shall have the following meanings:
“City” or “City agency” shall mean the City and County of San Francisco, its departments, commissions, task forces, committees, and boards.
“Complainant’s department” includes the complainant’s supervisor, the executive director or highest ranking officer in the complainant’s department, and the board or commission overseeing the complainant’s department.
“Deficiencies in the quality and delivery of government services” shall mean the failure to perform a service, when performance is required under any law, regulation or policy, or under a City contract or grant.
“Improper government activity” shall mean violation of any federal, state, or local law, regulation, or rule, including but not limited to laws, regulations, or rules governing campaign finance, conflicts of interest, or governmental ethics laws; or action which creates a danger to public health or safety by the failure of City officers or employees to perform duties required by their positions. “Improper government activity” does not include employment actions for which other remedies exist.
“Misuse of City funds” shall mean any use of City funds for purposes outside of those directed by the City.
“Preliminary investigation” shall be limited to, but need not include all of the following: review of the complaint and any documentary evidence provided with the complaint; interview of the complainant; interview of the respondent, counsel to respondent and any witnesses who voluntarily agree to be interviewed for this purpose; review of any relevant public documents and documents provided voluntarily to the Commission.
“Supervisor” shall mean any individual having the authority, on behalf of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, reward, or discipline other employees, or the responsibility to routinely direct them, to adjust their grievances, or to effectively recommend such action, if, in connection with the foregoing, the exercise of that authority is not merely routine or clerical, but requires the use of independent judgment.
“Unlawful activity” shall mean violations of any federal, state or local law, regulation or rule including but not limited to those laws, regulations or rules governing campaign finance, conflicts of interest or governmental ethics laws; or actions which create a danger to public health or safety by the failure of City officers or employees to perform duties imposed by a City contract.
“Wasteful and inefficient City government practices” shall mean the expenditure of City funds that could be eliminated without harming public health or safety, or reducing the quality of government services.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 29-02, File No. 020017, App. 3/15/2002; Ord. 299-18, File No. 180317, App. 12/21/2018, Eff. 1/21/2019; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)