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Form a Business

ELECTION OF TRUSTEES FOR THE RETIREMENT BOARD, HEALTH SERVICE BOARD AND RETIREE HEALTH TRUST FUND BOARD

SF-ADMIN ch. 16, art. XIII
in effect

SF Administrative Code § 16.550 PURPOSE.

SEC. 16.550. PURPOSE. (a) The Charter of the City and County of San Francisco provides that the trustees of the Retirement Board, who are entrusted with the administration of the San Francisco City and County Employees’ Retirement System (“Retirement System”), shall include three trustees elected from the active and retired members of the Retirement System. As used in this Article XIII, a retired member of the Retirement System shall mean a person who is in receipt of a retirement allowance relating to his or her membership in the Retirement System. (b) The Charter of the City and County of San Francisco provides that the trustees of the Health Service Board, who are entrusted with the administration of the San Francisco City and County Employees’ Health Service System (“Health Service System”), shall include four trustees elected from the active and retired members of the Health Service System. For the purposes of a Health Service System election, a retired member of the Health Service System shall mean a person who is a member of the Health Service System retired under the Retirement System, State Teachers Retirement System (“STRS”), Public Employees Retirement System (“PERS”), and the surviving spouse of an active employee and the surviving spouse of a retired employee, provided that the surviving spouse and the active or retired employee have been married for a period of at least one year prior to the death of the active or retired employee. (c) The Charter of the City and County of San Francisco provides that the trustees of the Retiree Health Care Trust Fund, who are entrusted with providing a funding source to defray the cost of the City’s and Participating Employers’ obligations to pay for health coverage for retired persons and their survivors entitled to health care coverage under Charter Section A8.428, shall include two trustees elected from active employees and retired members of the Health Service System. One of the elected trustees shall be an active City or Participating Employer employee member and one shall be a retired City or Participating Employer member as of the date of their respective elections. For the purposes of a Retiree Health Care Trust Fund election, an active member of the Health Service System shall mean an active City employee or active employee of a Participating Employer. For the purposes of a Retiree Health Care Trust Fund election, a retired member of the Health Service System shall mean a person who retired from City employment, or from a Participating Employer, and who is a member of the Health Service System retired under the Retirement System, STRS, or PERS, and the surviving spouse or domestic partner of an active employee and the surviving spouse or domestic partner of a retired employee, provided that the surviving spouse or domestic partner and the active or retired employee have been married for a period of at least one year prior to the death of the active or retired employee. As used in this section, Participating Employer means the San Francisco Unified School District and the San Francisco Community College District, following a resolution by these employers’ respective governing boards to participate in the Retiree Health Care Trust Fund. (d) Retirement System and Health Service System members have an interest in knowing who has spent significant amounts of money to support or oppose candidates for the Retirement Board, the Health Service Board, and the Retiree Health Care Trust Fund Board. In selecting a candidate to represent their interests on these bodies, members will benefit from increased transparency in the election process. Information about the persons or entities who are spending significant funds in support of particular candidates will provide valuable information that will aid members’ voting decisions. (e) The failure to abide by election procedure obligations and deadlines in San Francisco Administrative Code Sections 16.550-16.565 shall not invalidate an election if the election has been conducted fairly and in substantial compliance with and conformity to the legal requirements. (f) Whenever the term of office of such an elected trustee expires or whenever a vacancy occurs in such an office so that an election is necessary to fill a present or expected vacancy, the following provisions shall govern the election procedure. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.551 RETIREMENT BOARD, HEALTH SERVICE BOARD OR RETIREE HEALTH CARE TRUST FUND BOARD TO ORDER ELECTIONS.

SEC. 16.551. RETIREMENT BOARD, HEALTH SERVICE BOARD OR RETIREE HEALTH CARE TRUST FUND BOARD TO ORDER ELECTIONS. If a vacancy occurs, or will occur, in the office of an elected trustee prior to the date that the term of that office expires, the Retirement Board, Health Service Board or Retiree Health Trust Fund Board shall order a special election to fill the vacancy for the unexpired portion of the term of office, unless another election to a Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board office is scheduled to be completed within six months after the vacancy has, or shall, occur, in which case the elections shall be combined; provided, however, that a separate special election shall be required if the election which has already been scheduled will occur too soon to nominate and select candidates for the more recent vacancy. Whenever the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board orders an election, the respective Board shall specify whether the Department of Elections or an unbiased independent contractor (“Contractor”) shall conduct the election. Special elections may be held on an expedited basis as determined by the Department of Elections. The first Retiree Health Care Trust Fund Board election shall be a special election conducted by the Department of Elections. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.552 DATES OF ELECTION.

SEC. 16.552. DATES OF ELECTION. Whenever an election is necessary, either at the completion of a term of office or to fill an unexpired term of office, the Retirement Board, Health Service Board or Retiree Health Trust Fund Board shall specify the dates during which ballots may be marked and delivered. However, the dates designated by the Retirement Board, Health Service Board or Retiree Health Trust Fund Board shall not be within one month before or after an election which has been otherwise scheduled and which involves residents of the City and County of San Francisco as electors, unless the Department of Elections agrees to the dates. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)

SF Administrative Code § 16.553 NOTICE TO MEMBERS AND RETIRED MEMBERS; NOMINATION OF MEMBERS AND RETIRED MEMBERS.

SEC. 16.553. NOTICE TO MEMBERS AND RETIRED MEMBERS; NOMINATION OF MEMBERS AND RETIRED MEMBERS. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall thereafter notify the members of the Retirement System or Health Service System respectively of the following: (a) The necessity for an election; (b) The procedure for nomination and selection of candidates to serve on the Board; (c) The disclosure requirements set forth in Sections 16.553-1, 16.553-2, 16.553-3, and 16.553-4; and (d) The dates that ballots may be marked and delivered and the procedure for voting. The period of time during which nominations may be made shall be set by the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, but in no event shall be less than 31 days. Any person nominated to serve as a trustee of the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall, on forms provided by the respective Board for this purpose, and by the date set by the respective Board, verify acceptance of the nomination and agree to serve if elected before he or she may be listed as a candidate. In any election for membership on the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, when only one candidate has filed nomination papers, the Department of Elections or Contractor shall not conduct an election and shall declare the sole candidate to be a member of the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.553-1 CANDIDATE INTENTION STATEMENTS.

SEC. 16.553-1. CANDIDATE INTENTION STATEMENTS. Candidates seeking election to the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall file with the Ethics Commission, signed under penalty of perjury, a candidate intention statement in a manner specified, and on a form provided, by the Ethics Commission. (Added by Ord. 285-08, File No. 081190, App. 12/5/2008; amended by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.553-2 CANDIDATE DISCLOSURE REQUIREMENTS.

SEC. 16.553-2. CANDIDATE DISCLOSURE REQUIREMENTS. (a) Statement of Economic Interests (Form 700). Each candidate for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board elections shall file, by the filing of a candidate intention statement, a Statement of Economic Interests (Form 700) disclosing the information required by the disclosure category for the office sought by the candidate established in the Conflict of Interest Code. Candidates shall file such statements with the Ethics Commission. This statement shall not be required if the candidate has filed, within the previous 90 days, a statement at disclosure category one with the Ethics Commission. (b) Reporting by Candidates. (1) Initial Statement of Organization. Any candidate for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall file an initial statement of organization with the Ethics Commission. (A) Campaign Bank Account. Upon the filing of an initial statement of organization, the candidate shall establish or identify one campaign bank account at an office of a financial institution located in San Francisco. All contributions made to the candidate, or to a person on behalf of the candidate, shall be deposited in the account. All expenditures made by the candidate in support of his or her election to the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall be made from the account. (2) Semiannual Statements. Candidates shall file semiannual statements that comply with the requirements of California Government Code Section 84211 each year no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31. (3) Preelection Statements. Candidates shall file preelection statements that comply with the requirements of California Government Code Sections 84200.8 and 84211, and San Francisco Campaign and Governmental Conduct Code Section 1.135. (4) Late Contribution Reports. Any candidate that receives a late contribution shall file a late contribution report within 24 hours of receiving the late contribution. For purposes of this Section 16.553-2, “late contribution” shall mean a contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made during the period beginning 90 days before the first day on which ballots may be submitted to the Department of Elections or Contractor and ending on the last day on which ballots may be submitted to the Department of Elections or Contractor. The candidate shall report his or her full name and street address, the date and amount of the late contribution, and whether the contribution was made in the form of a loan. The candidate shall also report the full name of the contributor, his or her street address, occupation, and the name of his or her employer, or if self-employed, the name of the business. (5) Termination Statements. Candidates shall be responsible for filing the above statements, until they file a termination statement with the Ethics Commission that indicates they are no longer holding office and have no further financial activity to disclose. (6) Forms and Filing. The Ethics Commission shall specify the forms candidates shall use to file the above statements and the manner in which candidates shall electronically file those statements. (c) Mass Mailings. For the purposes of this Section 16.553-2, “mass mailing” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq., provided that the mass mailing advocates for or against one or more candidates for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board. (1) Filing Requirements. Candidates that pay for mass mailings shall, within five working days after the distribution of the mass mailing, file a copy of the mass mailing and an itemized disclosure statement with the Ethics Commission. Within the final 16 days before the election, candidates that pay for mass mailing shall file a copy of the mass mailing and the itemized disclosure statement within 48 hours of the date of the distribution of the mass mailing. (2) Disclaimers. Mass mailings, door hangers, flyers, posters, oversized campaign buttons, bumper stickers, or print advertisements shall include the following disclaimer statements, printed in at least 12-point font: “Paid for by _______________ (insert the name of the filer).” and “Financial disclosures are available at sfethics.org.” (Added by Ord. 285-08, File No. 081190, App. 12/5/2008; amended by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.553-3 THIRD-PARTY DISCLOSURE REQUIREMENTS.

SEC. 16.553-3. THIRD-PARTY DISCLOSURE REQUIREMENTS. (a) Reporting by Third Parties. (1) Initial Statement of Organization. Any person or entity that makes independent expenditures totaling $1,000 or more in a calendar year to support or oppose candidate(s) for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, or makes contributions totaling $1,000 or more to a candidate or a committee required to file under this subsection (a)(1), shall file an initial statement of organization with the Ethics Commission. For the purposes of this Section 16.553-3, an “independent expenditure” shall mean an expenditure made in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board but which is not made to or at the behest of the affected candidate or committee. (A) Campaign Bank Account. Upon the filing of an initial statement of organization, the filer shall establish or identify one campaign bank account at an office of a financial institution located in San Francisco. All contributions made to the filer, or to a person on behalf of the filer, shall be deposited in the account. Any funds spent in support of or opposition to the election of the candidate shall be deposited in the account prior to expenditure. All expenditures made by the filer in support of or opposition to the election of the candidate shall be made from the account. (2) Semiannual Statements. Any person or entity subject to subsection (a)(1), shall file semiannual statements each year no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31. (3) Preelection Statements. Any person or entity subject to subsection (a)(1) shall file preelection statements that comply with the requirements of California Government Code Sections 84200.8 and 84211, and San Francisco Campaign and Governmental Conduct Code Section 1.135. (4) Late Independent Expenditure Reports. If any person or entity subject to subsection (a)(1) makes independent expenditures that total $1,000 or more during the period beginning 90 days before the first day on which ballots may be submitted to the Department of Elections and ending on the last day on which ballots may be submitted to the Department of Elections or Contractor, such person or entity shall file a late independent expenditure report. Filers shall file late independent expenditure reports within 24 hours of making such independent expenditures. (5) Termination Statements. Any person or entity subject to subsection (a)(1) shall be responsible for filing the above statements and reports, until they file a termination statement with the Ethics Commission that indicates they have no further financial activity to disclose. (6) Forms and Filing. The Ethics Commission shall specify the forms persons subject to this subsection (a) shall use to file the above statements and the manner in which they shall electronically file those statements. (b) Campaign Advertisements. (1) Filing Requirements. Persons required to file late independent expenditure reports under subsection (a)(4) shall also file with the Ethics Commission on the same date a copy of the associated advertisement(s), and (A) if the advertisement is a telephone call, a copy of the script and, if the communication is recorded, the recording shall also be provided; or (B) if the advertisement is audio or video, a copy of the script and an audio or video file shall be provided. (2) Disclaimers. Mass mailings, door hangers, flyers, posters, oversized campaign buttons, bumper stickers, or print advertisements shall include the following disclaimer statements, printed in at least 12-point font: “Paid for by _______________ (insert the name of the filer).” and “Financial disclosures are available at sfethics.org.” For the purposes of this Section 16.553-3, “mass mailing,” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq., provided that the mass mailing advocates for or against one or more candidates for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board. (3) Exception. Employee organizations that represent employees who are eligible to benefit from the Retirement System, Health Service System or Retiree Health Care Trust Fund, are subject to the disclosure and disclaimer requirements established by subsections (b)(1) and (b)(2); provided that, an employee organization whose communications are directed solely to its own members shall not be required to disclose copies of those communications or include any disclaimers. (Added by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.553-4 TRAININGS; AUDITS; ENFORCEMENT AND PENALTIES; SUBPOENAS.

SEC. 16.553-4. TRAININGS; AUDITS; ENFORCEMENT AND PENALTIES; SUBPOENAS. (a) Training for Candidates. Every candidate for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall attend a training program conducted or sponsored by the Ethics Commission within one year prior to any election for the office sought by the candidate. (b) Audits; Retention of Records. The Executive Director of the Ethics Commission may initiate audits of any candidate or any person who made independent expenditures in support of or opposition to any candidate. All candidates and persons who are required to file statements under Sections 16.553-1, 16.553-2, and 16.553-3 shall maintain detailed accounts, records, bills, and receipts as necessary to prepare those statements for a period of four years following the election for which they filed those statements. (c) Enforcement and Penalties. (1) Administrative Enforcement. Any person who intentionally or negligently violates Sections 16.553-1, 16.553-2, and 16.553-3 shall be liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for any penalties authorized therein. (2) Statute of Limitations. Ethics Commission investigations must be commenced within four years after the date on which the violation occurred. (3) Late Filing Fees. (A) Late Fee. In addition to any other penalty, any person who files a paper copy of any statement required by Sections 16.553-1, 16.553-2, and 16.553-3 after the deadline imposed by this Chapter shall be liable in the amount of $10 per day after the deadline until the statement is filed. (B) Limitation on Liability. Liability imposed by subsection (c)(3)(A) shall not exceed the cumulative amount stated in the late statement, or $100, whichever is greater. (C) Reduction or Waiver. The Executive Director may reduce or waive a fee imposed by this subsection if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. (4) Provision of False or Misleading Information to the Ethics Commission; Withholding of Information. Any person who knowingly or willfully furnishes false or fraudulent evidence, documents, or information to the Ethics Commission under this Chapter, or misrepresents any material fact, or conceals any evidence, documents, or information, or fails to furnish to the Ethics Commission any records, documents, or other information required to be provided under this Chapter shall be subject to the penalties provided in this subsection 16.553-4(c). (d) Subpoenas. The Executive Director of the Ethics Commission may issue subpoenas in furtherance of her duties under the Chapter including, but not limited to, audits and enforcement of its provisions. (Added by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.554 NOTICE TO DEPARTMENT OF ELECTIONS OR CONTRACTOR.

SEC. 16.554. NOTICE TO DEPARTMENT OF ELECTIONS OR CONTRACTOR. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall notify the Department of Elections or Contractor at least 120 days prior to the first day that ballots may be marked and delivered (hereafter referred to as the “First Voting Day”) that an election shall be held. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.555 NOTICE TO DEPARTMENTS; APPOINTMENT OF ELECTION OFFICERS.

SEC. 16.555. NOTICE TO DEPARTMENTS; APPOINTMENT OF ELECTION OFFICERS. The Department of Elections or Contractor shall notify each department, office and agency of the City and County of San Francisco (hereunder referred to as "department") at least 90 days prior to the First Voting Day that the department must designate an employee who shall serve as Election Officer for that department and must inform the Department of Elections or Contractor at least 60 days prior to the First Voting Day of the identity of such officer. The Department of Elections or Contractor shall supply each department with a form which can be returned to the Department of Elections or Contractor which identifies the employee who has been designated Election Officer. If any department has not designated an Election Officer by the appointed deadline, the Department of Elections or Contractor shall treat the department head as the Election Officer until such designation has been made. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)

SF Administrative Code § 16.556 INSTRUCTIONS TO ELECTION OFFICERS.

SEC. 16.556. INSTRUCTIONS TO ELECTION OFFICERS. The Department of Elections or Contractor shall provide written instructions to each Election Officer at least 21 days prior to the First Voting Day, informing such officer of dates on which ballots will be distributed and collected and the procedure to be followed for their distribution and collection. If any department has failed to designate an Election Officer by the time that the Department of Elections or Contractor sends these written instructions, the Department of Elections or Contractor shall thereafter treat the administrative head of the department as the Election Officer until another employee has been designated as such by that department. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)

SF Administrative Code § 16.557 DELIVERY OF BALLOTS AND NAMES OF ELIGIBLE VOTERS TO DEPARTMENT OF ELECTIONS OR CONTRACTOR.

SEC. 16.557. DELIVERY OF BALLOTS AND NAMES OF ELIGIBLE VOTERS TO DEPARTMENT OF ELECTIONS OR CONTRACTOR. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall furnish the Department of Elections or Contractor with the names of the eligible nominees at least 35 days prior to the First Voting Day. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall also furnish the Department of Elections or Contractor with a list of the members and retired members of the Retirement System or Health Service System respectively eligible to vote (“voters”) in the election at the same time that it furnishes the names of the eligible nominees. A supplemental list shall be furnished to the Department of Elections or Contractor within two days of the First Voting Day, which list shall provide the names of eligible voters not included on the original list. These lists shall be in the format required by the Department of Elections or Contractor. These lists shall include the last known addresses for the members and retired members. For the active members, at the election of the entity conducting the election the department address shall be provided as an alternative. Upon request, the City’s Health Service System shall provide all information to Contractor, or the Department of Elections necessary to conduct the Retiree Health Care Trust Fund Board nomination and election process including, but not limited to, information regarding voter lists, voter contact information and Health Service System membership status. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.557-1 NAMES AND ADDRESSES OF ELIGIBLE VOTERS.

SEC. 16.557-1. NAMES AND ADDRESSES OF ELIGIBLE VOTERS. Any person seeking the disclosure of the names, addresses, and other personal information of eligible voters for the purpose of a Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board election, may request such information from either the San Francisco Employees’ Retirement System or the San Francisco Health Service System. (Added by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.558 BALLOTS TO CONTAIN INSTRUCTIONS FOR VOTING.

SEC. 16.558. BALLOTS TO CONTAIN INSTRUCTIONS FOR VOTING. Each ballot shall contain instructions printed on it informing the voters of the procedure to be used in marking the ballot. Each ballot, or ballot return envelope, shall inform the voter that there are three ways to return the ballot: (a) By placing the ballot in the signed and sealed return envelope provided by the Contractor or the Department of Elections in the container maintained for such purpose by the Election Officer of the voter's department, or by otherwise using the collection procedure arranged for by the Election Officer; (b) By delivering the signed and sealed return envelope provided by the Contractor or the Department of Elections with the ballot enclosed personally to the Department of Elections or the Contractor; and (c) By placing a stamp on the ballot return envelope and mailing the ballot and envelope to the Department of Elections or the Contractor. The instructions shall also note the date by which ballots must be delivered to be counted. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)

SF Administrative Code § 16.559 BALLOTS TO BE PLACED IN ADDRESSED ENVELOPES; EXTRA BALLOTS.

SEC. 16.559. BALLOTS TO BE PLACED IN ADDRESSED ENVELOPES; EXTRA BALLOTS. (a) Members. Each ballot and ballot return envelope shall be mailed in a separate envelope addressed to each employee eligible to vote at the member's individual address provided by the Retirement System, Health Service System or Retiree Health Trust Fund Board. In the alternative, at the election of the entity conducting the election, ballots shall be delivered in care of his or her department. (b) Retired Members. Each ballot and ballot return envelope shall be mailed in a separate envelope addressed to the retired member at the address provided by the Retirement System, Health Service System or Retiree Health Trust Fund Board. (c) Additional ballots shall be printed and available for members and retired members of the Retirement System or Health Service System who are eligible to vote but did not receive an individually addressed ballot. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)

SF Administrative Code § 16.560 DELIVERY OF BALLOTS AND INSTRUCTIONS TO ELECTION OFFICERS.

SEC. 16.560. DELIVERY OF BALLOTS AND INSTRUCTIONS TO ELECTION OFFICERS. (a) Members. The Department of Elections or Contractor shall cause the ballots and accompanying envelopes to be mailed or delivered pursuant to Section 16.559(a) not later than 10 days prior to the First Voting Day, along with written instructions for their proper distribution and collection and any other pertinent guidelines as set out in these provisions or as otherwise applicable. (b) Retired Members. The Department of Elections or Contractor shall deposit in the mail the ballots and accompanying envelopes to each retired member at least 10 business days prior to the First Voting Day. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)

SF Administrative Code § 16.561 DUTIES OF ELECTION OFFICERS.

SF Administrative Code § 16.563 COUNTING OF BALLOTS AND CERTIFICATION OF NEW TRUSTEE.

SEC. 16.563. COUNTING OF BALLOTS AND CERTIFICATION OF NEW TRUSTEE. (a) The Department of Elections or Contractor shall thereafter count the ballots in such a manner that the identity of the individual casting any particular ballot will not be disclosed. Each ballot shall be counted so long as it has been properly marked, signed and delivered. The Department of Elections or Contractor shall certify the new Health Service Board or Retiree Health Care Trust Fund Board trustee. (b) Within five days of the close of voting and prior to certification, the Retiree Health Care Trust Fund Board secretary shall attest to the Department of Elections or Contractor that there is one retired member trustee and one active member trustee candidate to fill the two elected Retiree Health Care Trust Fund Board trustee positions. For purposes of Retiree Health Care Trust Fund Board elections, the date of the election shall be the day the election is certified by the Department of Elections or Contractor. In the event that the active member candidate with the highest number of votes is no longer an active member on the day the election is certified, the Department of Elections or Contractor shall certify the active member candidate with the next highest number of votes. In the event that the retired member candidate with the highest number of votes is no longer a retired member on the day the election is certified, the Department of Elections or Contractor shall certify the retired member candidate with the next highest number of votes. (c) Within five days of the close of voting and prior to certification, the Executive Director of the Retirement System shall attest to the Department of Elections or Contractor whether there is a retired member serving as trustee on the Retirement Board: (1) If, at that time, there is no retired member serving as trustee, the Department of Elections or Contractor shall certify the individual receiving the highest number of votes as the newly elected trustee of the Retirement Board. (2) If, at that time, there is a retired member serving as trustee, the Department of Elections or Contractor shall certify the member (not a retired member) receiving the highest number of votes as the newly elected trustee of the Retirement Board. Where there is no vacancy, the Department of Elections or Contractor shall certify the new Retirement Board trustee as close to the expiration of the term as reasonably possible. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.563-1 CHANGE IN STATUS FOR ELECTED RETIREE HEALTH CARE TRUST FUND BOARD MEMBERS.

SEC. 16.563-1. CHANGE IN STATUS FOR ELECTED RETIREE HEALTH CARE TRUST FUND BOARD MEMBERS. (a) If, after a Retiree Health Care Trust Fund Board election has been certified by the Department of Elections or the Contractor, the active Retiree Health Care Trust Fund Board member retires, then that Board member’s seat shall be deemed vacant and shall remain vacant until the Board can hold a special election under Section 16.551. (b) If, after a Retiree Health Care Trust Fund Board election has been certified by the Department of Elections or the Contractor, the retired Retiree Health Care Trust Fund Board member returns to active status, then that Board member’s seat shall be deemed vacant and shall remain vacant until the Board can hold a special election under Section 16.551. (Added by Ord. 285-08, File No. 081190, App. 12/5/2008; amended by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.564 RETIREMENT BOARD, HEALTH SERVICE BOARD OR RETIREE HEALTH CARE TRUST FUND BOARD TO REIMBURSE DEPARTMENT OF ELECTIONS.

SEC. 16.564. RETIREMENT BOARD, HEALTH SERVICE BOARD OR RETIREE HEALTH CARE TRUST FUND BOARD TO REIMBURSE DEPARTMENT OF ELECTIONS. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall reimburse the Department of Elections for the actual expenses incurred by it in conducting Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board elections respectively. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall pay all Contractor expenses when the respective Board specifies that a Contractor conduct a Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board election. (Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)

SF Administrative Code § 16.565 GIVING, RECEIVING ANYTHING OF VALUE IN CONSIDERATION OF VOTING PROHIBITED.

SEC. 16.565. GIVING, RECEIVING ANYTHING OF VALUE IN CONSIDERATION OF VOTING PROHIBITED. (a) No person shall directly or through any other person pay, lend, or contribute or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to: (1) Induce any person to: (A) Vote at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; (B) Refrain from voting at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; (C) Vote or refrain from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election for or against any particular person or measure; or (2) Reward any person for having: (A) Voted at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; (B) Refrained from voting at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; or (C) Voted or refrained from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election for or against any particular person or measure. (b) No person may directly or through any other person solicit, accept, receive, agree to accept, or contract for, before, during or after a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or herself or any other person because he or she or any other person: (1) Voted or agreed to vote at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; (2) Refrained or agreed to refrain from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; (3) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for or against any particular person or measure at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; or (4) Induced any other person to: (A) Vote or agree to vote at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; (B) Refrain from voting or agree to refrain from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; or (C) Vote, agree to vote, refrain from voting, or agree to refrain from voting for or against any particular person or measure at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election. (c) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon a final judgment of conviction of same, shall be removed from office and may also be subject to a penalty of not more than six months in jail and/or fine of not more than $1,000, as well as removal. (d) "Person" means an individual, partnership, corporation, association, firm or other organization or entity, however organized. (e) Nothing in this section shall prohibit the following: (1) Making an expenditure for, offering, providing, accepting or receiving transportation to or from the polls; or (2) Making an expenditure for, organizing or attending a gathering providing complementary food, beverages and/or entertainment, provided that no valuable consideration is offered, promised, solicited, accepted or received in consideration of the conduct described in subsection (a); or (3) Making expenditures for the organization and conduct of get-out-the-vote rallies. (f) Pursuant to the procedures set forth in San Francisco Charter Sections 15.102 and C3.699-10 et seq., the Ethics Commission shall adopt regulations consistent with this Section for the purpose of implementing this Section while avoiding any application that would prohibit conduct protected by the United States Constitution or the California Constitution. (Added by Ord. 285-08, File No. 081190, App. 12/5/2008) ARTICLE XIV: [RESERVED]
Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-11343Fetched: 11/1/2026

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