# Board of Supervisors Minutes: July 19, 2016 - Meeting date: 2016-07-19 - Document type: minutes - Source format: PDF - Extracted pages: 46 - [Canonical HTML transcript](https://sfbos.info/documents/363/2016-07-19-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=499753&GUID=89E40960-50AB-407A-9170-A21956C2E116) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160587: Charter Amendment - Non-Citizen Voting in School Board Elections - Pages: 32-33 - Sponsors: Mar; Campos, Cohen, Wiener and Kim - Vote 1: continuance - Action: 160587 [Charter Amendment - Non-Citizen Voting in School Board Elections] Sponsors: Mar; Campos, Cohen, Wiener and Kim Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to authorize San Francisco residents who are not United States citizens but who are the parents, legal guardians, or caregivers of a child residing in San Francisco to vote in elections for the Board of Education, at an election to be held on November 8, 2016. Supervisor Mar, seconded by Supervisor Campos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160583: Charter Amendment - Public Advocate - Pages: 33-34 - Sponsors: Campos; Avalos, Kim and Mar - Vote 1: amendment - Action: ration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; and, 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting an operative date, at an election to be held on November 8, 2016. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by eliminating the prohibition on persons who have served in an elected position in the last four years to hold the office of Public Advocate; and by changing the appointment authority for a nominee of the Police Commission to serve as the Director of the Office of Citizen Complaints from the Mayor to the Public Advocate. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: amendment - Action: Supervisor Campos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by eliminating the prohibition on persons who have served in an elected position in the last four years to hold the office of Public Advocate; and by changing the appointment authority for a nominee of the Police Commission to serve as the Director of the Office of Citizen Complaints from the Mayor to the Public Advocate. The motion carried by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Peskin, Yee - Noes: Breed, Cohen, Farrell, Tang, Wiener - Vote 4: amendment - Action: Supervisor Kim requested revisions to the amendments provided by Supervisor Avalos on Page 23, Line 4, by adding language that, until such time an election is held to appoint the Public Advocate, the Director of Public Advocate shall be a nominee of the Mayor from the Police Commission and subject to Board of Supervisors approval, and on Line 8, by striking ‘Mayor’ after 'until the' and adding 'Public Advocate'. Supervisor Avalos accepted those suggested revisions into his proposed amendment. Supervisor Avalos, seconded by Supervisor Mar, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding the creation of the Department of Police Accountability into this Charter Amendment and re-name the Office of Citizen Complaints as the Department of Police Accountability. The motion carried by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Peskin, Yee - Noes: Breed, Cohen, Farrell, Tang, Wiener - Vote 5: continuance - Action: programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; 7) re-name the Office of Citizen Complaints (OCC) as the Department of the Police Accountability (DPA); 8) authorize the Public Advocate to appoint the director of DPA; 9) give DPA direct authority over its proposed budget; and 10) require DPA to conduct a performance audit every two years of how the Police Department has handled claims of officer misconduct and use of force; and setting an operative date, at an election to be held on November 8, 2016. Supervisor Campos, seconded by Supervisor Farrell, moved that this Charter Amendment be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 26, 2016, and for the Board to convene as a Committee of the Whole to consider this Charter Amendment. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160781: Charter Amendment - Public Advocate - Pages: 34-35 - Sponsors: Campos; Avalos, Kim and Mar - Vote 1: amendment - Action: 160781 [Charter Amendment - Public Advocate] Sponsors: Campos; Avalos, Kim and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to: 1) create the Office of the Public Advocate; 2) set the Public Advocate’s powers and duties; 3) authorize the Public Advocate to review the administration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; and, 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting an operative date, at an election to be held on November 8, 2016. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Mar, moved that this Charter Amendment be TABLED. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ## Extracted text ### [Page 33](https://sfbos.info/documents/363/2016-07-19-minutes#page-33) Board of Supervisors Meeting Minutes 7/19/2016 President Breed requested File Nos. 160583 and 160781 be called together. 160583 [Charter Amendment - Public Advocate] Sponsors: Campos; Avalos, Kim and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to: 1) create the Office of the Public Advocate; 2) set the Public Advocate’s powers and duties; 3) authorize the Public Advocate to review the administration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; and, 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting an operative date, at an election to be held on November 8, 2016. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by eliminating the prohibition on persons who have served in an elected position in the last four years to hold the office of Public Advocate; and by changing the appointment authority for a nominee of the Police Commission to serve as the Director of the Office of Citizen Complaints from the Mayor to the Public Advocate. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Campos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by eliminating the prohibition on persons who have served in an elected position in the last four years to hold the office of Public Advocate; and by changing the appointment authority for a nominee of the Police Commission to serve as the Director of the Office of Citizen Complaints from the Mayor to the Public Advocate. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Kim, Mar, Peskin, Yee Noes: 5 - Breed, Cohen, Farrell, Tang, Wiener Supervisor Kim requested revisions to the amendments provided by Supervisor Avalos on Page 23, Line 4, by adding language that, until such time an election is held to appoint the Public Advocate, the Director of Public Advocate shall be a nominee of the Mayor from the Police Commission and subject to Board of Supervisors approval, and on Line 8, by striking ‘Mayor’ after 'until the' and adding 'Public Advocate'. Supervisor Avalos accepted those suggested revisions into his proposed amendment. Supervisor Avalos, seconded by Supervisor Mar, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding the creation of the Department of Police Accountability into this Charter Amendment and re-name the Office of Citizen Complaints as the Department of Police Accountability. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Kim, Mar, Peskin, Yee Noes: 5 - Breed, Cohen, Farrell, Tang, Wiener City and County of San Francisco Page 598 Printed at 10:04 am on 10/26/16 ### [Page 34](https://sfbos.info/documents/363/2016-07-19-minutes#page-34) Board of Supervisors Meeting Minutes 7/19/2016 Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to: 1) create the Office of the Public Advocate; 2) set the Public Advocate’s powers and duties; 3) authorize the Public Advocate to review the administration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; 7) re-name the Office of Citizen Complaints (OCC) as the Department of the Police Accountability (DPA); 8) authorize the Public Advocate to appoint the director of DPA; 9) give DPA direct authority over its proposed budget; and 10) require DPA to conduct a performance audit every two years of how the Police Department has handled claims of officer misconduct and use of force; and setting an operative date, at an election to be held on November 8, 2016. Supervisor Campos, seconded by Supervisor Farrell, moved that this Charter Amendment be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 26, 2016, and for the Board to convene as a Committee of the Whole to consider this Charter Amendment. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160781 [Charter Amendment - Public Advocate] Sponsors: Campos; Avalos, Kim and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to: 1) create the Office of the Public Advocate; 2) set the Public Advocate’s powers and duties; 3) authorize the Public Advocate to review the administration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; and, 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting an operative date, at an election to be held on November 8, 2016. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Mar, moved that this Charter Amendment be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 599 Printed at 10:04 am on 10/26/16