Shall the City amend the Charter to eliminate the Department of Sanitation and Streets and transfer its duties back to the Department of Public Works and to retain the Sanitation and Streets Commission and Public Works Commission?
Digest by the Ballot Simplification Committee
The Way It Is Now: The Department of Public Works (DPW) is generally responsible for designing, constructing, maintaining and cleaning the City’s infrastructure, including buildings, streets, sidewalks, bridges and public facilities.
In November 2020, the voters approved a Charter amendment authorizing creation of a Department of Sanitation and Streets.
The Charter amendment also required the City to create two commissions: a Sanitation and Streets Commission to oversee the Department of Sanitation and Streets and a Public Works Commission to oversee the DPW.
The Proposal: Proposition B would eliminate the Department of Sanitation and Streets and transfer its duties back to the Department of Public Works.
Proposition B would retain both the Public Works Commission and the Sanitation and Streets Commission. The Sanitation and Streets Commission would hold public hearings and set policies on sanitation issues for the Department of Public Works.
A "YES" Vote Means: If you vote "yes," you want to eliminate the Department of Sanitation and Streets and transfer its duties back to the Department of Public Works. You also want to retain both commissions.
A "NO" Vote Means: If you vote "no," you do not want to make these changes.
Controller's Statement on "B"
City Controller Ben Rosenfield 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, it would significantly reduce the cost of government.
Beginning in Fiscal Year 2022–23 (FY23), estimated savings would start at approximately $3.5 million and decrease to $2.5 million in FY24. Cost savings under this amendment would likely increase in future years if the Board were to authorize independent administrative support for Department of Sanitation and Streets (SAS).
This amendment will make changes to Proposition B, a Charter amendment approved by voters in November 2020 to separate the Department of Public Works (DPW) into two separate departments and establish a commission for each.
The proposed Charter amendment would transfer the responsibilities of the SAS back to DPW, eliminating the newly created SAS.
Approximately 765 full-time equivalent employees would be moved from SAS to DPW. Recombining departments would reduce the number of staff needed to perform administrative functions for both departments by 9.7 full-time equivalent employees in FY23 and 12 full-time equivalent employees in FY24. DPW would no longer need additional accounting, contracts and information technology staff and SAS would no longer need a department head or administrative staff. Additionally, the proposed amendment would create other one-time and ongoing costs savings including reductions to administrative services, equipment, and professional services.
The amendment also will remove the requirement for the Controller to conduct an annual audit regarding waste and inefficiency in the two departments, however the Controller will retain the authority to audit DPW. Note that the proposed amendment would change the duties of the Controller’s Office, which has prepared this statement.
How "B" Got on the Ballot
On July 19, 2022, the Board of Supervisors voted 8 to 3 to place Proposition B on the ballot. The Supervisors voted as follows:
Yes: Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani.
No: Mar, Safai, Walton.
This measure requires 50%+1 affirmative votes to pass.
Proponent’s Argument in Favor of Proposition BProposition B Mandates Focus On Cleaner Streets, Not More Government Bureaucracy.
With everything costing more these days, our city government must work harder to use your taxpayer money where it can do the most good. This initiative improves upon the measure approved by voters two years ago to split up the Department of Public Works and create the Department of Sanitation and Streets with the promise of prioritizing street cleaning. The problem with that plan? A careful analysis by the City Administrator found that it would cost $6 million in the first two years, and approximately $10 million every year thereafter to run a new bureaucracy with zero additional dollars going to street cleaning. Why spend money on more middle-managers, clerks and accountants instead of the people who power wash and sweep our sidewalks, paint out graffiti and pick up illegal dumping?
Proposition B Is Oversight Done Right.
Now, voters have the chance to get it right. Proposition B will keep Public Works as one department, saving millions of dollars every year — money that instead can be used to expand street cleaning services in neighborhoods across San Francisco. The accountability demanded by voters in November 2020 remains and is strengthened. Proposition B retains both oversight commissions: Sanitation and Streets Commission will set street cleaning policy while the Public Works Commission will provide transparency and critical guardrails against corruption and misconduct.
Proposition B Preserves Good Union Jobs.
Proposition B won't eliminate a single city job. It will allow Public Works to dedicate maximum time and resources to cleaning our streets and implementing reforms, not wasting time and money on more bureaucracy. We have a second chance to improve this essential department without needlessly spending money on red tape.
Learn more at: OversightDoneRight.com
Vote Yes on Proposition B to clean our streets, strengthen government accountability and save jobs!
Mayor London Breed
City Administrator Carmen Chu
Supervisors Connie Chan
Catherine Stefani
Aaron Peskin
Dean Preston
Matt Dorsey
Rafael Mandelman
Hillary Ronen
Former Supervisor Norman Yee
San Francisco Democratic Party
Rebuttal to Proponent’s Argument in Favor of Proposition BWe are the workers who clean your streets… we get up most days before dawn to collect your garbage, power wash the sidewalks and pick up trash. We disagree with the Board of Supervisors and believe that Prop B will be disastrous for our streets and sidewalks.
In 2020, voters sick of dirty streets voted to create a Department of Sanitation independent from political interference from the Mayor or Board of Supervisors. Only two years later the Mayor and Board of Supervisors are trying to kill the Department of Sanitation and take those powers back.
Prop B kills the Department of Sanitation and turns street cleaning back over to the Department of Public Works which is currently being investigated by the FBI. And whose former director Mohammed Nuru was arrested for accepting bribes for $900,000 dollars worth of contracts. This measure would eliminate the reforms implemented by voters just two years ago, and open up the department to corruption again.
With all due respect to the Board of Supervisors who put Prop B on the ballot… this measure is bad policy that will only make our city dirtier. Please listen to the street cleaning experts and not politicians with an agenda. Vote No on B.
DeShelia Mixon
Opponent's Argument Against Proposition BDON'T KILL THE DEPT. OF SANITATION
Yes, this measure is as crazy as it sounds...
San Francisco's streets are some of the dirtiest in America. This measure takes the nonsensical step of entirely eliminating the brand new Department of Sanitation that residents literally just voted to create.
This measure is the worst type of City Hall dysfunction, and it will only lead to more trash and human waste on your sidewalks.
Don't be fooled into thinking this is about saving money… we're the second wealthiest city in America, and the Department will cost a minuscule fraction of our $14 billion budget. There's no reason we shouldn't have a Department of Sanitation like nearly every other major city in the country.
This is about politicians wanting power and maintaining the status quo. Two years ago, after multiple FBI arrests at the Department of Public Works, voters told City Hall they'd had enough of the corruption. You voted to take the broken system out of the hands of politicians and create an independent Department of Sanitation to clean up the streets.
Now instead of doing their jobs, some politicians want a do-over. They're going back to the ballot to kill the Department of Sanitation and take back the power to decide which streets get cleaned and which are left covered in trash. We can't go backward.
Let the independent Department of Sanitation do what it was created to do: power wash your sidewalks, clean up your streets, and open up new public restrooms... with real focus and accountability, and without the meddling of politicians.
Please join me and the frontline workers who clean your streets and vote:
NO ON PROP B
Assemblymember Matt Haney
Our City's Frontline Sanitation Workers - Laborers Local 261
Garbage Collectors
Street Cleaners
Sidewalk Power Washers
Vermin and Pest Controllers
Homeless Encampment Management
Graffiti Abatement Workers
Gardeners & Landscapers
Sewer Workers
Public Building Maintenance
Sidewalk Construction & Repair
Rebuttal to Opponent’s Argument Against Proposition BWe all want cleaner streets, but this comes down to a simple question — do we want to waste a minimum of $60 million each decade or not?
It is not unusual for a politician to argue for more bureaucracy — which is exactly what the opponents are asking for here. But simply hiring more bureaucrats accomplishes nothing but wasting money and ultimately requiring higher taxes. That's why a diverse coalition of civic leaders believes that we have an opportunity for Oversight Done Right.
We need Oversight Done Right. San Francisco city government has been shamed by a series of corruption scandals. The answer is focused oversight to make sure your tax dollars are not wasted or stolen, not another new city department.
Independent auditors (not politicians!) estimate that creating yet another department will waste at least $60 million dollars each decade if we don't make this change.
You could clean a lot of streets for $60 million. And that's the choice here — do we want paper pushers or broom pushers? Do we want our hard-earned dollars going to people working at desks or people working to clean up San Francisco?
The opponents say nearly all other large cities have Sanitation Departments—not true. Of the largest cities in the country only a few have Sanitation Departments and where they have them their primary role is garbage collection—not cleaning streets.
Our city government should be doing a better job of picking up waste on our streets - not wasting our money. That's why we urge you to join the extraordinary coalition of neighborhood groups and leaders in support of Proposition B.
Former City Controller Ed Harrington
City Administrator Carmen Chu
Supervisor Aaron Peskin
Supervisor Catherine Stefani
Supervisor Connie Chan
Supervisor Dean Preston
Supervisor Hillary Ronen
Supervisor Matt Dorsey
Supervisor Rafael Mandelman
Paid Arguments in Favor of Proposition BPaid Argument IN FAVOR of Proposition B
San Francisco has so many challenges that demand our urgent attention: housing the unsheltered, expanding access to affordable health care, growing the green energy sector to combat climate change and supporting our public schools, to name just a few. Our resources are not endless, and the money we have should be spent wisely. That's just one reason why the San Francisco Democratic Party supports Proposition B.
This Charter Amendment will save City taxpayers millions of dollars every year by not wasting money on added bureaucracy that comes with splitting the Department of Public Works into two and creating a new city department.
Another reason the San Francisco Democratic Party backs this good government measure is because it will retain commission oversight over DPW to bring more transparency and accountability.
Let's make good use of every dollar we have.Proposition B is oversight done right.
San Francisco Democratic Party
San Francisco Womens Political Committee
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
Tenants and landlords agree: Proposition B is smart reform that cuts bureaucracy and gives the essential workers at the Department of Public Works the resources and support they need to do their jobs cleaning our streets.
This good government measure significantly reduces the cost of government —saving up to $10 million annually. That's real money that can be used for critically important street cleaning services.
In 2020, voters approved a measure that they were led to believe would improve cleaning and sanitation services. That was a false narrative, based on political ambition and sound bite promises but failed to incorporate feedback from the experts that actually do the real work.
This is Oversight Done Right! Yes on B!
San Francisco Tenants Union
San Francisco Apartment Association
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
LGBTQ Leaders
It is clear: San Franciscans want and deserve cleaner streets. To get there, we need to streamline our approach, not add extra layers of inefficient, redundant bureaucracy. Proposition B will do just that - save taxpayers $86 million dollars over the next decade which will go to street cleaning, graffiti abatement and tree maintenance crews.
Proposition B will keep the Department of Public Works under commission oversight to hold the department accountable and set policy to make sure that our streets are properly cleaned and maintained. Join us in voting yes on Prop. B!
Former Assemblymember Tom Ammiano
Former Supervisor David Campos
Supervisor Matt Dorsey
Bart Director Bevan Dufty
Bart Director Janice Li
Supervisor Rafael Mandelman
Former Assemblymember Carole Migden
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
With economic uncertainty and rising inflation, now is the time we need our local government to step up and address the issues city residents care most about. Proposition B is just that. It will help residents and small businesses by improving the quality of life in San Francisco — not waste money by creating a whole new department with no guaranteed benefits.
Proposition B will save San Francisco's hard-working taxpayers millions of dollars a year without losing focus on keeping our streets and sidewalks clean. The Department of Public Works will be overseen by a citizens' commission charged with setting policy to make the street cleaning operations more effective. Goals will be set, and outcomes will be tracked. Proposition B is about making government work better for us.
Former Board President Norman Yee
Former Supervisor Sandra Lee Fewer
Supervisor Connie Chan
BART Director Janice Li
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
LATINX Leaders support Prop. B
A lot of promises were made two years ago with a ballot measure to get our neighborhoods cleaned up. But that plan has failed to deliver on putting more cleaning crews on our streets. Instead, it wasted taxpayer money on non-essential bureaucracy. This November, voters have the chance to get it right. Prop. B will provide critical oversight and accountability to ensure that the Department of Public Works is focusing on delivering the services that matter most to San Franciscans. Vote yes on B!
Latino Democratic Club
Assessor-Recorder Joaquin Torres
Former Supervisor David Campos
Roberto Hernandez, community leader
Kevin Ortiz, community activist
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
Former Mayors Agree
As former mayors of San Francisco, we agree that Proposition B is smart policy that is good for our neighborhoods and cleaner streets. Proposition B will get rid of unnecessary bureaucracy, provide accountability with strong commission oversight and save taxpayers $6 million over the next two years and many millions more every year after that. The money that will be saved will be better spent on front-line street cleaning services not back of house administrators. The street cleaners in San Francisco have a tough job, and they work hard. Let's make sure we provide the extra resources and support they need to do even better.
Please join us and Vote Yes on B!
Former Mayor Willie L. Brown
Former Mayor Art Agnos
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
Former leaders in the Senate agree — Prop. B is oversight done right.
Proposition B seeks to correct a ballot measure that promised clean streets but delivered new bureaucracy instead. New fiscal analysis shows that the creation of more bureaucracy will waste millions of taxpayer dollars dollars and impede the delivery of street cleaning services.
Prop. B will provide critical oversight and accountability while focusing our limited resources on actually cleaning our streets, not creating more bureaucracy.
Join us and Vote YES on Proposition B!
Judge Quentin L. Kopp (Ret.) State Senator, (1986-1998)
Former Senator Mark Leno (2008-2016)
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
As small businesses recover from the pandemic, we rely on clean and welcoming neighborhood corridors to attract new customers and keep old ones coming back. In order to keep our neighborhoods clean and well maintained, our city needs to focus on streamlining services, not on creating additional wasteful bureaucracy.
Proposition B will save millions of dollars each year. This makes more funds available to be used for staff to to clean streets and sidewalks, paint out graffiti and pick up trash. Prop. B includes built-in commission oversight, providing a platform for small business owners like us to champion our demands for expanded street cleaning and neighborhood improvement initiatives. Join local merchants in voting YES on B!
North Beach Business Association
Castro Merchants Association
Janet Clyde, Vesuvio Cafe
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
Today, as we're coming out of the economic downtown caused by the pandemic, it is more important than ever to make sure San Francisco regains its hold as a go-to destination for conventions and visitors from around the world. San Francisco's hospitality industry creates jobs for local residents and generates tax revenue to fund critical city services, from libraries and parks to health care and social services.
To draw first-time visitors and keep them coming back, we must step up our efforts to create a more welcoming environment. Clean streets are an important factor. That's why voting Yes on B is a smart choice: It frees up millions of dollars every year to spend on street cleaning while providing oversight, accountability and transparency.
Golden Gate Restaurant Association
SF Travel
SF Chamber of Commerce
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
Join us in voting Yes on B for cleaner, greener and safer streets, sidewalks and bike lanes.
San Francisco already has many different City agencies that have jurisdiction over various aspects of our streets. All these bureaucratic silos can add to higher costs, poor coordination and slower response times, resulting in confusion and frustration for residents.
Proposition B will keep the street design, construction and maintenance functions within a unified Department of Public Works, with commission oversight to improve accountability and responsiveness.
Proposition B will help ensure that San Francisco's Street Tree Program that maintains and expands our tree canopy has the resources it needs to grow our urban forest where it is needed most.
Friends of the Urban Forest
Livable City
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
Paid Argument IN FAVOR of Proposition B
Vote YES on Prop B to correct and improve a flawed prior measure submitted by a freebooter.
Here's the truth. Voters were duped in 2020 with a measure reeking of political opportunism by a local politician trying to take advantage of the circumstances of our streets with little regard for the principles of good government or the consequences on the day to day management of a critical City department.
Such deliberate, coldly calculated campaign tricks should be exposed. While the local politician succeeded in his quest for greater name identity to assist him on the road to Sacramento, and gain greater political influence in a way that disregards ethical and political principles, San Francisco voters are left holding the bag.
Fake reform and opportunistic and expedient actions guided by a politician's self-interest and self-promotion is not what voters had in mind in 2020 and should be soundly overturned.
Prop B eliminates a duplicative department and its commission.
Prop B corrects, improves, rectifies and adjusts that callous measure by streamlining the Department of Public Works so they can do their job and clean our streets while saving precious taxpayer dollars.
Vote YES on B — it's the better solution!
Judge Quentin L. Kopp (Retired)
The true source(s) of funds for the printing fee of this argument: Oversight Done Right, Yes on B.
The two contributors to the true source recipient committee: Lighthouse Public Affairs LLC, Seven Hills Properties LLC.
End of Paid Arguments IN FAVOR of Proposition B
Paid Arguments Against Proposition BPaid Argument AGAINST Proposition B
CONSTRUCTION WORKERS — SAY NO ON B
We are the men and women who build housing in San Francisco.
Our city has grown a lot in the last few decades thanks to the construction workers who build the many new homes that San Franciscans so desperately need. We're out on the streets every day, sharing the sidewalk with you to get our jobs done.
But we struggle to keep ourselves and the public safe when we are constantly battling trash and unsanitary conditions.
The Department of Sanitation is essential to keeping our streets safe and clean. Don't let politicians' bad ideas affect the health of our communities. Vote No on B!
Ramon Peña
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
STREET CLEANERS — SAY NO ON B!
We are the men and women who work every day to clean your city's sidewalks and streets. But politicians in City Hall don't give us the resources we need to do our jobs right.
In 2020, voters passed a proposition to create a Department of Sanitation, independent from the political interference of the Mayor or Board of Supervisors, to finally clean up our filthy streets. Only two years later the Mayor and Board of Supervisors are trying to kill the Department of Sanitation and take those powers back. We can't go back to a politician-run Department of Sanitation!
Please listen to the people who clean your streets and Vote No on B!
Shawn C Smith
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
GARBAGE COLLECTORS — SAY NO on B!
As the City's Garbage Collectors, we work tirelessly to keep garbage off the streets. But it's a battle we can't win without the support of a functioning department.
Until recently the Department of Sanitation didn't have an independent oversight commission and was controlled by the Department of Public Works. This led to the FBI indicting the former director of Public Works, Mohammed Nuru, for accepting bribes for $900,000 dollars worth of contracts. This measure would eliminate the reforms implemented by voters just two years ago, and open up the department to corruption once again.
Join the people who collect your garbage and say no to corruption.
Vote No on B!
Leo Torres
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
CITY LANDSCAPERS & GARDENERS — SAY NO ON B!
We are the landscapers, gardens, and urban foresters that take care of the trees and plants that make your city a beautiful and healthy place to live.
Unfortunately, for decades City Hall didn't give us the resources we needed to protect our city's plants and trees. Our department and its workers were ignored and forced to work without proper support.
Two years ago, voters created the Department of Sanitation to address Public Works' corruption and make sure that our department had proper funding. Now politicians want to kill the Department of Sanitation and go back to a system that bred corruption and neglect. Don't go backwards!
If you love plants and trees then join the Gardeners & Landscapers and Vote NO on B.
Sean Robinson
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
SEWER WORKERS — SAY NO ON B!
We are the workers who make sure the sewers that lead to your homes and businesses are clean and functional.
Our work is critical to keep our city running and keeping hazardous waste away from your families. But our job is made harder because of decades of corruption at the hands of the Department of Public Works, and the corrupt politicians that have recently been indicted by the FBI.
The Department of Sanitation has now been removed from under the control of the Department of Public Works and City Hall politicians, and for the first time we feel like we'll get the support we need to do our jobs right.
Join the people who clean your sewers and vote to keep the Dept. of Sanitation free of Corruption - Vote NO on B.
Anthony Travis
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
CITY PEST CONTROLLERS — SAY NO on B!
As your City Pest Controllers, we manage the rodents and insects that can easily spread in a big city. Because of the state of our filthy streets, rats, mice and roaches have become a serious problem — tearing up garbage and exposing us to illness.
San Francisco's streets are some of the dirtiest in America. This measure takes the nonsensical step of entirely eliminating our Department of Sanitation in order to save the city money. All we can expect are even filthier streets and sidewalks, and more pests and vermin.
Don't go along with this crazy scheme. We need a Department of Sanitation. Vote No on B!
DeShelia Mixon
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
SIDEWALK POWERWASHERS — SAY NO ON B!
We are the people who wake up at dawn to clean the trash and feces off of your sidewalks.
There is a reason that the sidewalks of San Francisco are some of the filthiest in America — corruption in City Hall. Our streets have gotten dirtier and dirtier as corruption has drained resources from our department.
Prop B will kill the Department of Sanitation and turn sidewalk cleaning over to the Department of Public Works, which is currently being investigated by the FBI and whose Director was just arrested for taking bribes. We can't let corruption stop our streets and sidewalks from being cleaned.
Join the people who clean your sidewalks and Vote No on B!
DeShelia Mixon
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
STREET CONSTRUCTION & REPAIR CREWS — SAY NO on B!
We are the men and women who work everyday to make sure that your streets and sidewalks are safe for drivers, bicyclists, and pedestrians.
The workers who clean and repair your streets are firmly against this measure. We know that eliminating the Department of Sanitation will be disastrous for our streets and sidewalks, and will make an already bad situation much worse. Please listen to the street cleaning and repair experts and not the politicians with an agenda.
Please join the people who build and repair your streets and Vote No on B!
Kai Bevington
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
PUBLIC BUILDING MAINTENANCE WORKERS — SAY NO ON B!
We are the workers that make sure your libraries, civic buildings, and recreation centers reamin safe as they age.
We are against Prop B, which will kill the independent Department of Sanitation and turn our department over to Public Works, which is being investigated by the FBI for corruption and bribery. Our workers deserve to work in an environment free of corruption. We ask you not to eliminate the anti-corruption reforms implemented by voters just two years ago, and keep the Department of Sanitation.
Join the people who keep our public buildings beautiful — vote to keep the Dept. of Sanitation free of Corruption - Vote NO on B.
Federico Diaz
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Paid Argument AGAINST Proposition B
GRAFFITI ABATEMENT WORKERS — SAY NO ON B!
We are the workers who keep graffiti and tagging from taking over our public spaces. We spend our days on the street working with a brush and paint to keep the city looking its best.
Voters created the Department of Sanitation to keep our jobs independent from political interference from City Hall. Only two years later, the Mayor and Board of Supervisors are trying to kill the Department of Sanitation and take those powers back. Please listen to the workers who clean your streets and not the politicians with their own agenda.
Please trust the workers who keep your streets clean and Vote No on B!
Ruben Hernandez
The true source(s) of funds for the printing fee of this argument: Laborers Local 261.
Legal TextDescribing 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 eliminate the Department of Sanitation and Streets and transfer its responsibilities to the Department of Public Works; to remove special qualifications for members of the Sanitation and Streets Commission and Public Works Commission and for the Director of Public Works; to limit the duties of the Sanitation and Streets Commission to holding hearings, reviewing data, and setting policies for the Department of Public Works regarding sanitation standards and protocols and maintenance of the public right of way; and to provide that the Public Works Commission shall oversee all other aspects of the Department of Public Works.
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 deleting Section 4.138, and revising Sections 4.139, 4.140, 4.141, 16.129, and F1.102, to read as follows:
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.
SEC. 4.138. DEPARTMENT OF SANITATION AND STREETS.
(a) Establishment. There shall be a Department of Sanitation and Streets, which shall come into existence three months after the Transition Date for the Sanitation and Streets Commission in Section 4.139(d). The Department shall be headed by the Director of Sanitation and Streets, who shall be qualified by either technical training or management experience in environmental services or the maintenance, sanitation, or cleaning of public spaces; and shall have a demonstrated knowledge of best practices regarding cleaning and maintenance of high-traffic or publicly accessible areas. The Department shall assume all responsibilities previously under the jurisdiction of the Department of Public Works that pertain to the duties specified in subsection (b).
(b) Duties. Except as otherwise provided in the Charter or pursuant to Section 4.132, in addition to any other duties assigned by ordinance, the Department shall have the following duties:
(1) efficient and systematic street sweeping, sidewalk cleaning, and litter abatement;
(2) maintenance and cleaning of public restrooms in the public right of way;
(3) provision and maintenance of city trash receptacles;
(4) removal of illegal dumping and graffiti in the public right of way;
(5) maintenance of public medians, and of street trees in the public right of way pursuant to section 16.129;
(6) maintenance of City streets and sidewalks;
(7) construction, repair, remodeling, and management services for City-owned buildings and facilities; and
(8) control of pests on City streets and sidewalks.
The Board of Supervisors may limit, modify, or eliminate the duties set forth in subsections (1) through (8), and may transfer any of those duties to the Department of Public Works or other City departments, by ordinance approved by two-thirds of the Board. Nothing in this Section 4.138 shall relieve property owners of the legal responsibilities set by local or State law, including as those laws may be amended in the future.
(c) Refuse Collection and Disposal Ordinance. The Director of Sanitation and Streets shall perform the responsibilities assigned to the Director of Public Works by the Refuse Collection and Disposal Ordinance of November 8, 1932, as it may be amended from time to time.
(d) Administrative Support. By no later than the Transition Date in Section 4.139(d), the Board of Supervisors shall by ordinance require the City Administrator, the Department of Public Works, and/or any other City department to provide administrative support for the Department, which shall include but need not be limited to human resources, performance management, finance, budgeting, technology, emergency planning, training, and employee safety services. At any time more than two years and three months after the Transition Date, the Board of Supervisors may adopt ordinances requiring the Department of Sanitation and Streets to assume responsibility for some or all of that administrative support.
(e) Transition. No later than the Transition Date in Section 4.139(d), the City Administrator shall submit to the Board of Supervisors a proposed ordinance amending the Municipal Code, including but not limited to the Public Works Code, to conform to Sections 3.104, 4.139, 4.140, 4.141, 16.129, F1.102, and this Section 4.138, as adopted or amended by the voters at the November 3, 2020 election.
SEC. 4.139. SANITATION AND STREETS COMMISSION.
(a) Purpose. There is hereby established a Sanitation and Streets Commission. The Commission shall set policy directives and provide oversight for the Department of Sanitation and Streets.
(b) Membership and Terms of Office.
(1) The Commission shall consist of five members, appointed as follows: Seats 1 and 2 shall be appointed by the Board of Supervisors. Seat 3 shall be appointed by the Controller subject to confirmation by the Board of Supervisors. Seats 4 and 5 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors.
Each nomination of the Mayor and the Controller 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 or Controller. 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.
Qualifications for commissioners that are desirable, but not required, include a background or experience in cleaning and maintaining public spaces, urban forestry, urban design, construction, skilled crafts and trades, finance and audits, architecture, landscape architecture, engineering, or performance measurement and management.
(1) The Commission shall consist of five members, appointed as follows:
Seats 1 and 2 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors. Each nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed. Seat 1 shall be held by a person who is a small business owner. Seat 2 shall be held by a person with experience in project management.
Seat 3 shall be appointed by the Controller subject to confirmation by the Board of Supervisors. The nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed. Seat 3 shall be held by a person who has a background in finance and audits.
Seats 4 and 5 shall be appointed by the Board of Supervisors. Seat 4 shall be held by a person who has a background in either urban forestry, urban design, or environmental services. Seat 5 shall be held by a person with significant experience in cleaning and maintaining public spaces.
(2) Members of the Commission shall serve four-year terms; provided, however, the term of the initial appointees in Seats 1 and 4 shall be two years.
(3) Members may be removed at will by their respective appointing officer.
(c) Duties. With regard to the Department of Sanitation and Streets, beginning three months after the Transition Date in subsection (d), the Commission shall exercise all the powers and duties of boards and commissions set forth in Sections 4.102, 4.103, and 4.104, and may take other actions as prescribed by ordinance. The Commission shall hold public hearings and set policies for the Department of Public Works (the “Department”) regarding sanitation standards and protocols, and maintenance of the public right of way. In addition, the Commission shall:
(1) review and evaluate data regarding the street and sidewalk conditions of the public right of way, including but not limited to data collected by the Department, and annual reports generated by the Controller; and
(2) establish minimum standards of cleanliness for the public right of way, and set baselines for services to be administered by the Department to maintain cleanliness of the public right of way.;
Notwithstanding Sections 4.102, 4.103, and 4.104 of this Charter, the Commission shall exercise only the powers set forth in this subsection (c), and the Public Works Commission shall exercise the oversight authority described in those sections over the Department of Public Works, as set forth in Section 4.141.
(3) approve all contracts proposed to be entered into by the Department, provided that the Commission may delegate this responsibility to the Director of the Department, or the Director’s designee;
(4) perform an annual cost analysis evaluating whether there are inefficiencies or waste in the Department’s administration and operations; and
(5) perform an annual review on the designation and filling of Department positions, as exempt, temporary, provisional, part-time, seasonal or permanent status, the number of positions that are vacant, and at the Commission’s discretion, other data regarding the Department’s workforce. This function shall not in any way limit the roles of the Civil Service Commission or the Department of Human Resources under the Charter.
(d) Transition provisions following November 8, 2022 election.
The tenures and terms of members of the Commission on November 8, 2022 shall continue as provided in this Section 4.139.
(1) The Commission shall come into existence on the Transition Date, which shall be established by the Board of Supervisors by written motion adopted by a majority vote of its members, provided that the Transition Date shall be no earlier than July 1, 2022. The Board of Supervisors shall vote on a written motion to establish the Transition Date no later than January 1, 2022. If the Board of Supervisors fails to adopt such a motion by January 1, 2022, the Clerk of the Board of Supervisors shall place such a motion on the agenda of a Board of Supervisors meeting at least once every three months thereafter until such time as the Board of Supervisors adopts a motion establishing the Transition Date. The Mayor, Board of Supervisors, and Controller shall make initial appointments to the Commission by no later than three months before the Transition Date. The terms of all five members shall commence at noon on the Transition Date.
(2) The Commission shall have its inaugural meeting by no later than 30 days after three members of the Commission have assumed office.
(3) The Director of Public Works or person serving in an acting capacity as Director of Public Works, at the time the Commission comes into existence, shall perform the duties of the Director of the Department of Sanitation and Streets in an acting capacity until the Commission appoints a new Director in accordance with the Charter provisions governing appointment of a department head serving under a commission.
SEC. 4.140. DEPARTMENT OF PUBLIC WORKS.
Except as otherwise specified in the Charter, including in Section 4.138(b)(7), the Department of Public Works shall design, build, and improve the City’s infrastructure and public right of way, and assume any other duties assigned by ordinance or pursuant to Section 4.132. The Department shall be headed by the Director of Public Works, who shall be qualified by either technical training or management experience in engineering or architecture.
(a) Responsibilities of Department. There shall be a Department of Public Works (the “Department”). On January 1, 2023, the Department shall assume the responsibilities of the Department of Sanitation and Streets as they existed on December 31, 2022, and shall retain the existing responsibilities of the Department of Public Works. The Department shall be headed by a Director of Public Works appointed by the Mayor as provided in Sections 3.100(19) and 4.102(5).
Except as otherwise provided in the Charter or pursuant to Section 4.132, in addition to any other duties assigned by ordinance, the Department shall have the following duties: the design, building, repair, and improvement of the City’s infrastructure, including City-owned buildings and facilities and the public right of way; maintenance of the public right of way, including street sweeping, and litter abatement; the provision and maintenance of City trash receptacles and removal of illegal dumping and graffiti in the public right of way; and planting and maintenance of street trees pursuant to Section 16.129.
(b) Nothing in this Section 4.140 shall relieve property owners of their legal responsibilities set by City or State law, including as those laws may be amended in the future.
(c) Transition.
(1) Notwithstanding subsection (a), the Director of Public Works or person serving in an acting capacity as Director of Public Works on December 31, 2022, shall continue to serve in that capacity beginning on January 1, 2023. If at that time there is a person in an acting capacity serving as the Director of Public Works, or if at any time the position of Director of Public Works is vacant for any reason, the position shall be filled in accordance with the Charter provisions governing appointment of a department head. This subsection (c)(1) does not modify the powers vested in the Public Works Commission to remove the Director of Public Works in accordance with Section 4.102(6).
(2) By no later than June 30, 2023, the Director of Public Works shall submit to the Board of Supervisors a proposed ordinance amending the Municipal Code to conform to Sections 4.139, 4.140, and 4.141 and the repeal of Section 4.138.
SEC. 4.141. PUBLIC WORKS COMMISSION.
(a) Purpose. There is hereby established a Public Works Commission. The Commission shall set policy directives and provide oversight for the Department of Public Works.
(b) Membership and Terms of Office.
(1) The Commission shall consist of five members, appointed as follows:
Seats 1 and 5 shall be appointed by the Board of Supervisors. Seat 1 shall be held by a registered professional engineer licensed in the State of California, with a background in civil, mechanical, or environmental engineering, and Seat 5 shall be an at-large position. Seats 2 and 4 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors. Each nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed. Seat 2 shall be held by a registered architect licensed in the State of California, and Seat 4 shall be an at-large position. Seat 3 shall be held by a person with a background in finance with at least 5 years in auditing experience, appointed by the Controller subject to confirmation by the Board of Supervisors. The nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed.
Each nomination of the Mayor and the Controller 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 or Controller. 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.
Qualifications for commissioners that are desirable, but not required, include a background or experience in cleaning and maintaining public spaces, urban forestry, urban design, construction, skilled crafts and trades, finance and audits, architecture, landscape architecture, engineering, or performance measurement and management.
(2) Members of the Commission shall serve four-year terms; provided, however, the term of the initial appointees in Seats 1, 3, and 5 shall be two years.
(3) Commissioners may be removed from office at will by their respective appointing authority.
(c) Powers and Duties.
(1) With regard to the Department of Public Works, beginning on September 1, 2022, the Commission shall exercise all the powers and duties of boards and commissions set forth in Sections 4.102, 4.103, and 4.104, except for the authority conferred on the Sanitation and Streets Commission in Section 4.139, and may take other actions as prescribed by ordinance.
(2) The Commission shall oversee the Department’s performance, including evaluation of data collected by the Department, the Controller, and other City agencies.
(3) The Commission shall approve all contracts proposed to be entered into by the Department, provided that the Commission may delegate this responsibility to the Director of Public Works, or the Director’s designee.
(4) The Commission shall require the Director of Public Works, or the Director’s designee, to provide the Commission with proof of adequate performance of any contract entered into by the Department for public works involving the City’s infrastructure or public right of way, based on written documentation including documentation that the building official has issued a building or site permit and a final certificate of occupancy.
(5) The Commission shall perform an annual review on the designation and filling of Department positions, as exempt, temporary, provisional, part-time, seasonal or permanent status, the number of positions that are vacant, and at the Commission’s discretion, other data regarding the Department’s workforce. This function shall not in any way limit the roles of the Civil Service Commission or the Department of Human Resources under the Charter.
(d) Transition provisions following November 8, 2022 election.
The tenures and terms of members of the Commission on November 8, 2022 shall continue as provided in this Section 4.141.
(1) The Mayor, Board of Supervisors, and Controller shall make initial appointments to the Commission by no later than the Appointment Deadline, which shall be either noon on June 1, 2022, or an earlier date established by the Board of Supervisors by written motion adopted no later than January 1, 2022 by a majority vote of its members. The Commission shall come into existence either at noon on the 31st day after the Appointment Deadline, or at noon on the date that three members of the Commission have assumed office, whichever is later. The terms of all five members shall commence at noon on the 31st day after the Appointment Deadline, regardless of when the Commission comes into existence.
(2) The Commission shall have its inaugural meeting by no later than three months after the terms of the initial members begin.
(3) The Director of Public Works at the time the Commission comes into existence shall remain in that position unless removed from it in accordance with the Charter provisions governing removal of a department head serving under a commission. If a person is serving in an acting capacity as Director at the time the Commission comes into existence, the preceding sentence applies, except that the position shall also be considered vacant for purposes of the next sentence. If the position of Director is vacant for any reason, including removal of the incumbent Director, the position shall be filled in accordance with the Charter provisions governing appointment of a department head serving under a commission. In that event, a person removed from the position under the first sentence of this subsection may be considered for appointment to the position.
SEC. 16.129. STREET TREE MAINTENANCE.
(a) Definitions. For purposes of this Section 16.129:
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“Maintenance” (and its root “Maintain”) shall mean those actions necessary to promote the life, growth, health, or beauty of a Tree. Maintenance includes both routine maintenance and major maintenance. Routine maintenance includes adequate watering to ensure the Tree’s growth and sustainability; weed control; removal of Tree-well trash; staking; fertilizing; routine adjustment and timely removal of stakes, ties, Tree guards, and Tree grates; bracing; and Sidewalk repairs related to the Tree’s growth or root system. Major maintenance includes structural pruning as necessary to maintain public safety and to sustain the health, safety, and natural growth habit of the Tree; pest and disease-management procedures as needed and in a manner consistent with public health and ecological diversity; and replacement of dead or damaged Trees. Pruning practices shall be in compliance with International Society of Arboriculture Best Management Practices and ANSI Pruning Standards, whichever is more protective of Tree preservation, or any equivalent standard or standards selected by the Director of the Department of Public WorksSanitation and Streets.
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“Street Tree” shall mean any Tree growing within the public right-of-way, including unimproved public streets and Sidewalks, and any Tree growing on land under the jurisdiction of the Department of Public Works or the Department of Sanitation and Streets. “Street Tree” does not include any other forms of landscaping.
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(f) Creating the Street Tree Maintenance Fund; Annual City Contributions. There shall be a Street Tree Maintenance Fund (the “Fund”). * * * *
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(h) Administration and Use of the Fund. The Department of Public WorksSanitation and Streets shall administer the Fund. Monies in the Fund shall only be used for the following purposes: * * * *
(i) Annual Reports. Commencing with a report filed no later than January 1, 2019, covering the fiscal year ending June 30, 2018, the Department of Public WorksSanitation and Streets shall file annually with the Board of Supervisors, by January 1 of each year, a report containing the amount of monies collected in and expended from the Fund during the prior fiscal year, and such other information as the Director of the Department of Public WorksSanitation and Streets, in the Director’s sole discretion, shall deem relevant to the operation of this Section 16.129.
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F1.102. STREET, SIDEWALK, AND PARK CLEANING AND MAINTENANCE.
(a) The Services Audit Unit shall conduct annually a performance audit of the City’s street, sidewalk, and public park maintenance and cleaning operations. The annual audit shall:
(1) Include quantifiable, measurable, objective standards for street, sidewalk, and park maintenance, to be developed in cooperation and consultation with the Department of Sanitation and Streets, the Department of Public Works, and the Recreation and Park Department;
(2) Based upon such measures, report on the condition of each geographic portion of the City;
(3) To the extent that standards are not met, assess the causes of such failure and make recommendations of actions that will enhance the achievement of those standards in the future;
(4) Ensure that all bond funds related to streets, parks and open space are spent in strict accordance with the stated purposes and permissible uses of such bonds, as approved by the voters.
Outside of the audit process, the City departments charged with cleaning and maintaining streets, sidewalks, and parks shall remain responsible for addressing individual complaints regarding specific sites, although the Controller may receive and investigate such complaints under Section F1.107.
(b) The Services Audit Unit shall conduct annually a cost and waste analysis evaluating whether there are inefficiencies or waste in the administration and operations of the Department of Sanitation and Streets, and the Department of Public Works or inefficiencies or waste in the division of labor between the two departments. The annual audit shall make quantifiable, measurable recommendations for the elimination of inefficient operations and functions, and shall include:
(1) Consolidation of duplicative and overlapping activities and functions;
(2) Integration and standardization of information maintenance systems that promote interdepartmental sharing of information and resources;
(3) Departmental accounting for expenditure of resources in terms of effectiveness of the service or product delivered;
(4) Departmental deployment and utilization of personnel, the City’s personnel procurement system, and reforms to enhance the quality of work performance of public employees; and
(5) Methods of operation to reduce consumption and waste of resources.
(cb) In addition, all City agencies engaged in street, sidewalk, or park maintenance shall establish regular maintenance schedules for streets, sidewalks, parks and park facilities, which shall be available to the public and on the department’s website. Each such department shall monitor compliance with these schedules, and shall publish regularly data showing the extent to which the department has met its published schedules. The City Services Audit Unit shall audit each department’s compliance with these requirements annually, and shall furnish
recommendations for meaningful ways in which information regarding the timing, amount and kind of services provided may be gathered and furnished to the public.