SEC. 4.104. BOARDS AND COMMISSIONS - RULES AND REGULATIONS.
§ 4.104
Appointive boards and commissions must adopt rules consistent with the Charter, hold open public meetings with recorded votes, and allow members to participate remotely if they are pregnant, on parental leave, or unable to attend in person due to health reasons, subject to Board of Supervisors ordinance.
City boards and commissions must create written rules that follow the Charter and City laws. They must hold meetings open to the public with at least ten days' notice, keep records of how each member votes, and make those records available to the public. A majority of members present counts as a quorum to conduct business. Members can participate by phone or video conference if they're pregnant, caring for a newborn or newly adopted child, or unable to attend in person for health reasons—but only if the Board of Supervisors passes a policy allowing this. On votes, each member must vote yes or no unless excused by a majority vote.
- Complex:Subsection (b) is a long, complex sentence with multiple conditions and cross-references (Government Code Section 54953(b), Charter Section 10.101) that makes it difficult to parse the eligibility rules for remote participation.
- Controversial:The section addresses work-life balance and remote participation rights for board members during pregnancy and parental leave, which involves ongoing policy questions about accessibility and work conditions.
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Official text
SEC. 4.104. BOARDS AND COMMISSIONS – RULES AND REGULATIONS.
(a) Unless otherwise provided in this Charter, each appointive board, commission or other unit of government of the executive branch of the City and County shall:
1. Adopt rules and regulations consistent with this Charter and ordinances of the City and County. No rule or regulation shall be adopted, amended or repealed, without a public hearing.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 public hearing. All such rules and regulations shall be filed with the Clerk of the Board of Supervisors.
2. Hold meetings open to the public and encourage the participation of interested persons. Except for the actions taken at closed sessions, any action taken at other than a public meeting shall be void. Closed sessions may be held in accordance with applicable state statutes and ordinances of the Board of Supervisors.
3. Keep a record of the proceedings of each regular or special meeting. Such record shall indicate how each member voted on each question. These records, except as may be limited by state law or ordinance, shall be available for public inspection.
(b) The presence of a majority of the members of an appointive board, commission or other unit of government shall constitute a quorum for the transaction of business by such body. The term "presence" shall include participation by teleconferencing or other electronic means as authorized by Government Code Section 54953(b) or any successor legislation after the Board of Supervisors has adopted an ordinance pursuant to subsection (c) allowing such participation when the member is physically unable to attend in person, as certified by a health care provider, due to the member's pregnancy, childbirth, or related condition. The Board of Supervisors may also, as part of a parental leave policy adopted pursuant to subsection (c), authorize a member of a board or commission to participate in meetings by teleconferencing or other electronic means when the member is absent to care for his or her child after birth of the child, or after placement of the child with the member or the member's immediate family for adoption or foster care. Unless otherwise required by this Charter, the affirmative vote of a majority of the members shall be required for the approval of any matter, except that the rules and regulations of the body may provide that, with respect to matters of procedure the body may act by the affirmative vote of a majority of the members present, so long as the members present constitute a quorum. All appointive boards, commissions or other units of government shall act by a majority, two-thirds, three-fourths or other vote of all members. Each member present at a regular or special meeting shall vote "yes" or "no" when a question is put, unless excused from voting by a motion adopted by a majority of the members present.
(c) Notwithstanding the provisions of Charter Section 10.101, the Board of Supervisors shall provide by ordinance for parental leave policies for members of appointive boards, commissions or other units of government, including, but not limited to, authorization to participate in meetings by teleconferencing or other electronic means pursuant to subsection (b) and subject to the restrictions listed in that subsection.
(Amended by Proposition B, Approved 11/7/2006)