Homelessness Oversight Commission

Shall the City amend the Charter to establish a Homelessness Oversight Commission to oversee the Department of Homelessness and Supportive Housing and require the City Controller to conduct audits of services for people experiencing homelessness?

Digest by the Ballot Simplification Committee

The Way It Is Now: In 2016, the City established a Department of Homelessness and Supportive Housing (Department). The Department manages and directs housing, programs and services for persons experiencing homelessness, including street outreach, homeless shelters, transitional housing and permanent supportive housing.

The mayor appoints and may remove the director of the Department. The City Charter does not require audits of homelessness services, and a City commission does not oversee the Department.

The City’s Local Homeless Coordinating Board and other advisory bodies make recommendations on homeless policy and budget allocations. The mayor, the Board of Supervisors (Board) and the controller appoint members to the advisory bodies.

The Proposal: Proposition C would create a Homelessness Oversight Commission (Commission) to oversee the Department.

The Commission would have seven members who would serve four-year terms. The mayor would appoint four members, and the Board of Supervisors would appoint three. The mayor’s appointees would be subject to Board approval.

The mayor’s four appointees must have the following qualifications:

• one seat would be for a person who has experienced homelessness;

• one seat would be for a person with significant experience providing services to or engaging in advocacy on behalf of persons experiencing homelessness;

• one seat would be for a person with expertise in providing mental health services or substance abuse treatment; and

• one seat would be for a person who has participated in a merchants’ or small-business association, or a neighborhood association.

In addition to these qualifications, at least one of the mayor’s appointees must also have experience in budgeting, finance and auditing.

The Board’s appointees must have the following qualifications:

• one seat would be for a person who has personally experienced homelessness;

• one seat would be for a person with significant experience working with homeless families with children or homeless youth; and

• one seat would be for a person with significant experience providing services to or engaging in advocacy on behalf of persons experiencing homelessness.

Proposition C would require the City controller to conduct audits of homelessness services.

A "YES" Vote Means: If you vote "yes," you want to establish a Homelessness Oversight Commission to oversee the Department of Homelessness and Supportive Housing and require the City controller to conduct audits of homelessness services.

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

Controller's Statement on "C"

City Controller Ben Rosenfield has issued the following statement on the fiscal impact of Proposition C:

Should the proposed Charter amendment be approved by the voters, in my opinion, it would have a minimal impact on the cost of government.

The proposed Charter amendment would create the Homelessness Oversight Commission to oversee the Department of Homelessness and Supportive Housing (HSH). The Commission would appoint the members of the Local Homeless Coordinating Board and the Shelter Monitoring Committee. The Our City, Our Home Oversight Committee would advise the Commission on the administration of the Our City, Our Home fund.

The Commission’s duties would include reviewing and approving HSH’s budget, formulating goals consistent with the objectives of the City and County, and holding hearings and taking testimony. The Commission may conduct public education and outreach of homelessness programs and issues. Annual salary and operating costs for the Commission would be approximately $350,000.

The proposed Charter amendment would specify that services relating to homelessness are subject to audit by the Controller. Note that the proposed amendment would change the duties of the Controller’s Office, which has prepared this statement.

How "C" Got on the Ballot

On July 19, 2022, the Board of Supervisors voted 11 to 0 to place Proposition C on the ballot. The Supervisors voted as follows:

Yes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton.

No: None.

This measure requires 50%+1 affirmative votes to pass.

Proponent’s Argument in Favor of Proposition C

Homelessness Accountability Starts Now!

In 2016, city government created the Department of Homelessness and Supportive Housing to help homeless people find permanent housing and connect individuals and families to critical supportive services.

In 2017, there were 6,858 homeless people counted in the Point-in-Time Count. Today, that same report says there are 7,754—an increase of 13%.

The departmental budget more than doubled from $250 million in Fiscal Year 2017-2018 to $672 million in 2022-2023, including Proposition C funding from 2018. Yet for many people, conditions have worsened.

In 2022, the San Francisco Civil Grand Jury stated that "[t]he Jury is not alone in its concern that the city's eighth largest government department lacks comprehensive outside governance"

There is no Charter requirement that the Controller audit departmental spending or performance. Many decisions are made without community input, public meetings, or independent review.

To end homelessness, we must ensure that every federal, state, and local dollar is spent effectively. Proposition C does just that. The measure:

Ensures that the City Controller audits homeless services;

Establishes a Commission that would hold public meetings and investigate departmental activities; and

Requires the Commission to set clear goals for success.

The Commission will ensure that major policy, budget, and contracting decisions are data driven and made in the light of day.

The Mayor and Board of Supervisors appoint commissioners who must meet stringent qualifications and would be approved only after a public hearing and vote.

Voting Yes on Proposition C is a meaningful step to provide essential oversight and accountability to current federal, state, and local homeless programs without raising taxes.

Please join us in voting Yes on Proposition C.

Supervisor Ahsha Safaí

Assemblymember Matt Haney

Board of Supervisors President Shamann Walton

Supervisor Catherine Stefani

Supervisor Aaron Peskin

Supervisor Gordon Mar

Supervisor Dean Preston

Supervisor Matt Dorsey

Supervisor Myrna Melgar

Supervisor Rafael Mandelman

Supervisor Hillary Ronen

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.

Rebuttal to Proponent’s Argument in Favor of Proposition C

No Rebuttal or Opponent’s Argument Against Proposition C Was Submitted

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.

Paid Arguments in Favor of Proposition C

No Paid Arguments IN FAVOR of Proposition C Were Submitted

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.

Paid Arguments Against Proposition C

Paid Argument AGAINST Proposition C

VOTE NO on C

Our homeless non-profit complex, with never-ending funding, keeps staff employed, with no results on the streets.

Bureaucracies don’t increase transparency. The seats on this commission will go to the homeless industrial complex, who will gloss over the non-accountability of the non-profit organizations.

The San Francisco Republican Party

John Dennis, Chairman

Howard Epstein

Richard Worner

Lisa Remmer

Joseph Bleckman

Yvette Corkrean

William Kirby Shireman

Stephanie Jeong

Clinton Griess

Rudy Asercion

William Jackson

Stephen Martin-Pinto

Leonard Lacayo

SFGOP.org

info [at] sfgop.org

The true source(s) of funds for the printing fee of this argument: San Francisco Republican Party.

The sole contributor to the true source recipient committee: Dahle for Governor.

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are published as submitted. Spelling and grammatical errors have not been corrected.

Legal Text

Describing and setting forth a proposal to the voters at an election to be held on November 8, 2022, to amend the Charter of the City and County of San Francisco to create the Homelessness Oversight Commission (“Commission”) to oversee the Department of Homelessness and Supportive Housing; to provide that the Commission lacks jurisdiction to approve or disapprove criteria used to ascertain eligibility or priority for programs and services, where such criteria are required as a condition of funding; to require the Board of Supervisors to adopt an ordinance amending the Municipal Code to provide that the Commission shall appoint the members of the Local Homeless Coordinating Board, to require the Local Homeless Coordinating Board and the Shelter Monitoring Committee to advise the Commission, and to require the Our City, Our Home Oversight Committee to advise the Commission and the Health Commission, in addition to advising the Mayor and the Board of Supervisors, on administration of the Our City, Our Home Fund and on monies appropriated from the Fund; and to specify that services relating to homelessness are subject to audit by the Controller.

NOTE: Unchanged Charter text and uncodified text are in plain font.

Additions are single-underline italics Times New Roman font.

Deletions are strike-through italics Times New Roman font.

Asterisks (* * * *) indicate the omission of unchanged Charter subsections.

Section 1. The Board of Supervisors hereby submits to the qualified voters of the City and County, at an election to be held on November 8, 2022, a proposal to amend the Charter of the City and County by adding Section 4.133 to Article IV, and amending Section F1.101 of Appendix F, to read as follows:

SEC. 4.133. HOMELESSNESS OVERSIGHT COMMISSION.

(a) There shall be a Homelessness Oversight Commission (“Commission”) to oversee the Department of Homelessness and Supportive Housing (“Department”), or any successor agency. The Department shall, to the extent prescribed by ordinance, manage and direct housing, programs, and services for persons experiencing homelessness in the City, including, but not limited to, street outreach, homeless shelters, transitional housing, homelessness prevention, and permanent supportive housing.

(b) The Commission shall consist of seven members, appointed as follows:

(1) Seats 1, 2, 3, and 4 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors. Each nomination of the Mayor shall be subject to approval by the Board of Supervisors, and shall be the subject of a public hearing and vote within 60 days of the date the Clerk of the Board receives notice of the nomination from the Mayor. If the Board fails to act on the nomination within those 60 days, the nominee shall be deemed approved. The appointment shall become effective on the date the Board adopts a motion approving the nomination or on the 61st day after the Clerk of the Board receives notice of the nomination, whichever is earlier. Seat 1 shall be held by a person who has personally experienced homelessness. Seat 2 shall be held by a person with significant experience providing services to or engaging in advocacy on behalf of persons experiencing homelessness. Seat 3 shall be held by a person with expertise in mental health service delivery or substance use treatment. Seat 4 shall be held by a person with a record of participation in a merchants’ or small business association, or neighborhood association. In addition to the aforementioned qualifications, at least one of the Mayor’s appointees shall have experience in budgeting, finance, and auditing.

(2) Seats 5, 6, and 7 shall be appointed by the Board of Supervisors. Seat 5 shall be held by a person who has personally experienced homelessness. Seat 6 shall be held by a person with significant experience providing services to or engaging in advocacy on behalf of persons experiencing homelessness. Seat 7 shall be held by a person with significant experience working with homeless families with children and/or homeless youth.

(3) Section 4.101 shall apply to these appointments, with a particular emphasis on diversity in ethnicity, race, age, sex, gender identity, sexual orientation, and types of disabilities.

(c) Commission members shall serve at the pleasure of their respective appointing authorities and may be removed by their appointing authorities at any time. Vacancies shall be filled by the respective appointing authorities as prescribed in subsections (b)(1) and (2).

(d) Commissioners shall serve four-year terms, beginning at noon on May 1, 2023; provided, however, the term of the initial appointees in Seats 1, 4, and 6 shall be a two-year term, expiring at noon on May 1, 2025.

(e) The Commission shall elect a Chair, Vice-Chair, and officers for other such positions, if any, that it chooses to create.

(f) The Commission shall have the following powers and duties:

(1) With respect to the Department, the Commission shall exercise all of the powers and duties of boards and commissions as set forth in Sections 4.102, 4.103, and 4.104, including but not limited to, approving applicable departmental budgets, formulating annual and long-term goals consistent with the overall objectives of the City and County, establishing departmental performance standards, holding hearings and taking testimony, conducting public education and outreach concerning programs and services for homeless persons in San Francisco, and issues concerning homelessness, and conducting performance audits of the Department to assess the efficiency and effectiveness of the Department’s delivery of services to persons experiencing homelessness and persons participating in programs overseen by the Department, and the extent to which the Department has met the annual goals and performance standards established by the Commission.

(2) Notwithstanding the Commission’s authority to review and set policies, the Commission shall not have the authority to approve, disapprove, or modify criteria used to ascertain eligibility or priority for programs and/or services operated or provided by the Department, where such criteria are required as a condition of the receipt of state or federal funding.

(g) The Mayor and the Board of Supervisors shall make their initial appointments to Seats 1-7, respectively, on the Commission by no later than noon, March 1, 2023. The Commission shall come into existence upon the appointment, and confirmation where required, of four members, or at noon on May 1, 2023, whichever is later. The Commission shall have its inaugural meeting within 30 days of its coming into existence.

(h) By no later than May 1, 2023, the City shall enact an ordinance that:

(1) Amends Article XXXI of Chapter 5 of the Administrative Code, to provide that the Commission shall appoint all members of the Local Homeless Coordinating Board (“LHCB”) and that the LHCB’s sole duties shall be to serve as the Continuum of Care governing body and to advise the Commission on issues relating to the City’s participation in the Continuum of Care program. This subsection (h)(1) shall not preclude the City by ordinance from amending said Article XXXI in a manner that is not inconsistent with this subsection or as necessary to comply with federal requirements relating to the Continuum of Care.

(2) Amends Article XII of Chapter 20 of the Administrative Code, to provide that the Shelter Monitoring Committee shall advise the Commission in lieu of advising the LHCB. This subsection (h)(2) shall not preclude the City by ordinance from amending said Article XII in a manner that is not inconsistent with this subsection.

(3) Amends Article XLI of Chapter 5 of the Administrative Code and Section 2810 of Article 28 of the Business and Tax Regulations Code, to provide that the Our City, Our Home Oversight Committee (“Oversight Committee”) shall advise and make recommendations to the Commission and the Health Commission, in addition to advising and making recommendations to the Mayor and the Board of Supervisors, on administration of the Our City, Our Home Fund (“Fund”) and on monies appropriated from the Fund, which monies are subject to the City budget approval process set forth in Article IX of the Charter, and to provide that the needs assessment conducted by the Oversight Committee shall inform the Department’s strategic planning process. This subsection (h)(3) shall not preclude the City by ordinance from amending said Article XLI and said Section 2810 in a manner that is not inconsistent with this subsection, Section 2811 of the Business and Tax Regulations Code, and Articles XIIIA and XIIIC of the California Constitution, as may be amended from time to time.

(i) The references in subsection (h) to the LHCB, Shelter Monitoring Committee, and Oversight Committee do not change their character as bodies created by ordinance. Accordingly, they are not subject to provisions in the Charter or Municipal Code that apply exclusively to bodies enumerated in the Charter or created by the Charter, including but not limited to Charter Sections 4.101.1 and 4.101.5.

(j) Within one year of the effective date of the ordinance adopted by the Board of Supervisors in compliance with subsection (h), the City Attorney shall cause subsections (h)-(j) of this Section 4.133 to be removed from the Charter.

F1.101. CITY SERVICES AUDITOR; SERVICES AUDIT UNIT.

(a) In addition to the other duties prescribed by this Charter, the Controller shall perform the duties of a City Services Auditor, responsible for monitoring the level and effectiveness of services provided by the government of the City and County of San Francisco to the people of San Francisco. The City Services Auditor shall establish and maintain a Services Audit Unit in the Controller’s Office to ensure the financial integrity and improve the overall performance and efficiency of City government. The Services Audit Unit shall review performance and cost benchmarks developed by City departments in consultation with the Controller and based on their departmental efficiency plans under Chapter 88 of the Administrative Code, and conduct comparisons of the cost and performance of San Francisco City government with other cities, counties, and public agencies performing similar functions. In particular, the Services Audit Unit shall assess:

(1) Measures of workload addressing the level of service being provided or providing an assessment of need for a service;

(2) Measures of efficiency including cost per unit of service provided, cost per unit of output, or the units of service provided per full time equivalent position; and

(3) Measures of effectiveness including the quality of service provided, citizen perceptions of quality, and the extent a service meets the needs for which it was created.

(b) The service areas for which data is collected and comparisons conducted shall include, but not be limited to:

(1) The cleanliness and condition of streets, sidewalks, and the urban environment and landscape;

(2) The performance of other public works and government-controlled public utilities, including water and clean water programs;

(3) Parks, cultural, and recreational facilities;

(4) Transportation, as measured by the standards set out in Charter Section 8A.103, provided, however, that primary responsibility for such assessment shall continue to be exercised by the Municipal Transportation Agency pursuant to Charter Section 8A.100 et seq.;

(5) The criminal justice system, including the Police Department, Juvenile and Adult Probation Departments, Sheriff, District Attorney, and Public Defender;

(6) Fire and paramedic services;

(7) Public health, and human services, and services relating to homelessness;

(8) City management; and,

(9) Human resources functions, including personnel and labor relations.

(c) The information obtained using the service measurement standards set forth above shall be compiled on at least an annual basis, and the results of such benchmark studies, as well as comparative data, shall be available on the City’s website.

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