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San Francisco County, CA November 7, 2006 Election
Proposition B
Allowing Members of Boards and Commissions to Participate in Meetings by Teleconference
City of San Francisco

Majority Approval Required

Pass: 164,166 / 72.22% Yes votes ...... 63,157 / 27.78% No votes

See Also: Index of all Measures

Information shown below: Summary | Fiscal Impact | Yes/No Meaning | Arguments | Full Text

Shall the Board of Supervisors adopt a parental leave policy that permits its members and members of all City boards and commissions to participate in meetings by teleconference when the member is not able to attend in person due to pregnancy, child birth or a related condition?

Summary Prepared by Ballot Simplification Committee:
THE WAY IT IS NOW: The City Charter does not permit members of the Board of Supervisors or members of other boards and commissions to participate in meetings by teleconference or by other electronic means. Members must be physically present at the meeting to participate. Under California law, members of boards and commissions may participate in meetings by teleconference if:
  • each teleconference location is identified in the public notice and agenda,

  • the notice and agenda are posted at each teleconference location,

  • the location is accessible to the public, and

  • members of the public are provided an opportunity to address the board or commission directly.

The Board of Supervisors has not adopted parental leave policies for its members or for members of the City's other boards and commissions.

THE PROPOSAL: Proposition B is a Charter Amendment that would require the Board of Supervisors to adopt a parental leave policy by ordinance for itself and other boards and commissions. This parental leave policy must allow members to participate in meetings by teleconference or other electronic means if 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. Participation by teleconference will, at minimum, meet the notice, agenda and public participation requirements of state law. This parental leave policy would not require, but could include, participation in meetings by teleconference when the member is absent to care for his or her child after birth, adoption or foster care placement.

A "YES" VOTE MEANS: If you vote "yes," you want to require the Board of Supervisors to adopt a parental leave policy that permits members of the Board of Supervisors and members of other boards and commissions to participate in meetings by teleconference due to pregnancy, childbirth or related condition.

A "NO" VOTE MEANS: If you vote "no," you do not want to make these changes.

Fiscal Impact from City Controller:
City Controller Edward Harrington has issued the following statement on the fiscal impact of Proposition B:

Should the proposed Charter amendment be approved by the voters, in my opinion, there would be an increase in the cost of government ranging from a minimal amount up to approximately $200,000 to provide communications equipment and other arrangements for teleconferencing.

The Charter amendment requires the Board of Supervisors to establish parental leave policies for itself and for the City's appointed boards and commissions. These policies must allow members of boards and commissions to attend meetings by teleconferencing or other electronic means when physically unable to attend due to pregnancy or childbirth and may allow members to attend meetings by these means under other circumstances. Currently, the Board of Supervisors and other City boards and commissions can only meet in person.

The cost of a system for this purpose would range from a few thousand dollars annually for commercial phone conferencing up to an estimated $200,000 for equipment that supports multiple voice and videoconferences. Additional costs may be incurred to provide public access and security arrangements at a member's home or other site used for teleconferencing.

Meaning of Voting Yes/No
A YES vote on this measure means:
If you vote "yes," you want to require the Board of Supervisors to adopt a parental leave policy that permits members of the Board of Supervisors and members of other boards and commissions to participate in meetings by teleconference due to pregnancy, childbirth or related condition.

A NO vote on this measure means:
If you vote "no," you do not want to make these changes.

 
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Arguments For Proposition B
During the women's suffrage movement of the 1910's, women fought hard for the right to vote. In San Francisco in 2006, women elected to office are still fighting for that same seemingly inalienable right.

Under current San Francisco law, a member of the Board of Supervisors must be physically present in chambers to cast a vote during Board meetings. That may seem reasonable, but what if you are a pregnant member of the Board of Supervisors? What if, during that pregnancy, you were put on bed rest by your doctor and could not be present in chambers to vote? Should a woman elected to office be forced to make a choice between the health and safety of her unborn child and her ability to represent her constituents and do her job?

Proposition B is simple and straightforward. It does two things. First, it allows a pregnant woman in office to telecommute, but ONLY if her doctor determines that the health and safety of her unborn child could be at risk.

Proposition B also allows for the Board of Supervisors to draft, by ordinance, parental leave policies for the Board and commissions. If passed, San Francisco will be the 23rd city in the state of California to allow telecommuting and the 7th county in the State to allow off-site voting. It is important to note that this measure is within State guidelines and laws. California is not discriminating against elected women; San Francisco is.

Please join me, Supervisors Dufty, Maxwell, Ma and the rest of the Board in supporting Proposition B. Let's ensure equality at all levels of government and send a message to young women that they can participate in public service during every stage of their lives.

Supervisor Michela Alioto-Pier

(No arguments against Proposition B were submitted)

Full Text of Proposition B
Describing and setting forth a proposal to the qualified voters of the City and County of San Francisco to amend the Charter of the City and County of San Francisco by amending Sections 2.104 and 4.104 to require the Board of Supervisors to adopt parental leave policies for its members and for members of other boards and commissions, including, but not limited to, authorization to participate in meetings by teleconferencing when the member is physically unable to attend due to pregnancy or childbirth. The Board of Supervisors hereby submits to the qualified voters of the City and County, at an election to be held on November 7, 2006, a proposal to amend the Charter of the City and County by amending Sections 2.104 and 4.104 to read as follows:

Additions are italics. Deletions are strikethrough.

SEC. 2.104. QUORUM. (a) The presence of a majority of the members of the Board of Supervisors at a regular or special meeting shall constitute a quorum for the transaction of business. 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 to participate in meetings by teleconferencing or other electronic means when the member is absent to care for a his or her child after birth of the child, to the member, the member's spouse, or the member's domestic partner, or after placement of the child with the member or the member's immediate family for adoption or foster care. In the absence of a quorum, a smaller number of members may compel the attendance of absent members in the manner and under the penalties established by the Board of Supervisors. (b) The Board of Supervisors shall act by a majority, two-thirds, three-fourths, or other vote of all members of the Board. 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 adopt parental leave policies for its members, including, but not limited to, authorization to participate in meetings by teleconferencing or other electronic means pursuant to subsection (a) and subject to the restrictions listed in that subsection.

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 a his or her child after birth of the child, to the member, the member's spouse, or the member's domestic partner, 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.


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