SEC. 18.101. OPERATIVE DATE OF THIS CHARTER; EFFECT OF ENACTMENT ON EXISTING LAW.
§ 18.101
This section establishes that San Francisco's 1996 Charter becomes effective July 1, 1996, replacing the 1932 Charter. Certain mayoral removal powers take effect one year later. Existing local laws remain in force except where inconsistent with the new Charter. The section preserves the effect of amendments approved in the November 1995 election and protects existing initiative ordinances from unintended repeal.
San Francisco adopted a new Charter (the city's governing document) in 1996, which took effect on July 1, 1996, and replaced the old 1932 Charter. Some new powers the Mayor gained under the new Charter didn't kick in until July 1, 1997. The city's old laws stayed in effect unless they conflicted with the new Charter. Any Charter changes voters approved in November 1995 were added in and count even if they got fewer votes than the Charter itself. The city protected special voter-approved laws (like one about trash collection from 1932) from being accidentally cancelled by the new Charter, though some job titles and responsibilities did shift to different city departments.
- Complex:The section contains multiple operative dates, cross-references to prior versions of the Charter, provisions about amendment incorporation, and carve-outs for specific initiative ordinances, making it dense and difficult to follow without close reading.
- Could be simpler:The reference structure ("Charter of 1932, as recodified in 1971, and as amended as of December 31, 1995") could be simplified to a single clear date or document identifier for modern readers.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
This Charter shall be operative July 1, 1996, and on that date shall supersede the Charter of 1932. Any authority vested in the Mayor to remove commissioners and department heads not granted in the Charter of 1932 shall be effective July 1, 1997. All references in this Article to the "Charter of 1932" shall be to the Charter of 1932, as recodified in 1971, and as amended as of December 31, 1995.
To the extent the provisions of this Charter are the same in terms or in effect as provisions of the Charter of 1932, they shall be construed and applied as a continuation of those provisions.
All provisions of local law relating to or affecting the City and County in force when this Charter becomes operative are hereby repealed and superseded only to the extent they are inconsistent with the provisions of this Charter.
Any amendments to the Charter of 1932 adopted at the November 7 1995, election shall be incorporated into this Charter and shall supersede any conflicting provisions, even if the amendments receive fewer votes than this Charter. The Clerk of the Board of Supervisors, in consultation with the City Attorney, shall conform the format and terminology of the amendments to this Charter.
In adopting this revised Charter, the voters do not intend to amend or otherwise affect the provisions of any initiative ordinance in effect on the date this revision is adopted, including the Initiative Refuse Collection and Disposal Ordinance, adopted November 8, 1932, as amended, except that the City Administrator and the General Manager of Public Utilities shall succeed to the functions of the Chief Administrative Officer and the Manager of Utilities, respectively, as specified in that Initiative Ordinance.
The Retirement Board shall continue to exercise powers of management and control of workers' compensation programs until those functions are transferred pursuant to previously adopted ordinances to the Department of Human Resources.