§ 12A.19. OFFICE OF RACIAL EQUITY.

(a) Definitions. For purposes of this Section 12A.19, the following definitions shall apply:

“People of Color” means an inclusive and unifying term for persons who do not identify as White, who have been historically and systemically disadvantaged by institutionalized and interpersonal racism.

“Race” means a social and political construct that artificially divides people into distinct groups based on characteristics such as physical appearance (particularly color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic, and political needs of a society at a given period of time. Racial categories subsume ethnic groups.

“Racial Disparity” means a condition where one racial group systemically and disproportionately experiences worse outcomes in comparison to another racial group or groups. Racial Disparities may occur in a range of areas, including but not limited to education, employment, wealth, policing, criminal justice, health, transportation, housing, and homelessness.

“Racial Equity” means the systematic fair treatment of people of all Races that results in equal outcomes, while recognizing the historical context and systemic harm done to specific racial groups.

“Racial Equity Action Plan” means a process and strategic plan for a City department, guided by the citywide Racial Equity Framework, to enact institutional and structural change to achieve Racial Equity. A Racial Equity Action Plan shall include Racial Equity indicators to measure current conditions and impact, outcomes resulting from changes made within programs or policy, and performance measures to evaluate efficacy, that demonstrate how a City department will address Racial Disparities within the department as well as in external programs.

“Racial Equity Framework” means a document outlining the City’s vision, goals, and overarching strategies to address structural Racism and Racial Disparities, and advance Racial Equity in the City, with a focus on the work of City government. It should provide guidelines for addressing implicit and explicit bias, addressing individual, institutional, and structural Racism, and advocating for more inclusive policies and practices that reduce Racial Disparities and promote Racial Equity. The Racial Equity Framework shall set forth a vision for Racial Equity in the City and include goals and strategies to advance Racial Equity and address structural Racism and Racial Disparities. The Framework shall also include metrics by which departments, through the ensuing Racial Equity Action Plans, can measure performance to address racial disparities within the department’s workforce, service provision, grants, and contracts.

“Racial Equity Report Card” means an assessment measured in public data to provide a snapshot or similar indicator of Racial Disparities that exist across the City in specific areas such as but not limited to education, employment, wealth, policing, criminal justice, health, transportation, environment, housing, and homelessness.

“Racial Reconciliation” means a multi-method approach using facilitated dialogue and restorative justice processes, and possibly other tools, to build trust and bridge divides while publicly acknowledging past wrongs created by individual and systemic Racism, and addressing the present consequences.

“Racism” means racial prejudice and/or discrimination, which may be supported intentionally or unintentionally by institutional power and authority, used to the advantage of one or more Races and the disadvantage of one or more other Races.

(b) Creation of the Office of Racial Equity. There is hereby created the Office of Racial Equity (“Office”), which shall be a division of the Human Rights Commission Department under the authority and direction of the Executive Director of the Human Rights Commission.

(c) Mission and Purpose. The purpose of the Office is to advance Racial Equity in the City and repair harm done by government policy decisions that have created, upheld, or exacerbated Racial Disparities in the City. The Office will achieve this goal through policy analysis and development, data collection and analysis, and support and accountability for City departments. The Office will address structural Racism that limits opportunities for and impacts the wellbeing of People of Color in the City. The Office will provide leadership and coordination to facilitate training, accountability, planning and evaluation tools, policy direction, and solutions to achieve Racial Equity within City government and across the City. The Office will work with City departments to eliminate Racial Disparity in City policies, processes, decisions, and resource allocations, and will work with other governmental entities, private businesses, non-government organizations, academia, and community members to achieve measurable results reducing disparities within the City and throughout the community. The Office will work to resolve policy issues rooted in racial bias and discrimination, including examining through an intersectional lens, how Racial Disparities engage with disparities by gender, class, sexuality, and more, through research, education, and policy interventions. The Office will work with community partners to promote Racial Equity and inclusion within the City and throughout the region, producing measurable improvements and disparity reductions.

(d) Powers and Duties of the Office. The Office shall have the powers, and shall perform the duties, set forth in this subsection (d).

(1) Racial Equity Framework. The Office shall develop a Racial Equity Framework for the City to be submitted to the Board of Supervisors no later than June 30, 2020, for consideration and possible adoption. The Racial Equity Framework shall be updated and resubmitted to the Board of Supervisors for possible approval at least every three years thereafter.

(2) Departments’ Racial Equity Action Plans. The Office shall oversee the development of each City department’s Racial Equity Action Plan and shall review and provide necessary input to the department during development and implementation. The Office shall issue guidance to City departments concerning the development process and content to include in Racial Equity Action Plans and the content to include in the annual reports on progress under the Racial Equity Action Plans required by subsection (e).

(3) Racial Equity Report Card. The Office shall publish a biennial Racial Equity Report Card on the status of Racial Equity and indicators of success by Race in the City in seven areas: (A) wealth, employment, and economic security, (B) transportation, (C) housing, land use, and homelessness, (D) education, (E) health, (F) policing and criminal justice, and (G) environment. The Report Card is designed to measure indicators by Race for San Francisco as a whole in the above areas and is not limited to City government performance. The Office may partner with the Controller’s Office, other City departments, or, consistent with the civil service provisions of the Charter, an academic or non-profit policy institution to create the Report Card. The Office shall submit the first Report Card to the Mayor and the Board of Supervisors no later than December 31, 2021.

(4) Analysis of Pending Ordinances. After January 1, 2021, the Office shall analyze and report on ordinances introduced at the Board of Supervisors in the areas of housing/land use, employment, economic security, public health and public safety that may have an impact on Racial Equity or Racial Disparities. The Clerk of the Board of Supervisors shall refer all such ordinances to the Office within eight days of introduction. The Office may request that the Clerk of the Board of Supervisors refer an ordinance to the Office. The Office shall prepare a report concerning the ordinance that includes an analysis of whether the proposed ordinance would promote Racial Equity by helping to close opportunity gaps for communities of color, or impede Racial Equity by furthering Racial Disparities. The Office may solicit assistance from other City departments, and, consistent with the civil service provisions of the Charter, other experts or professionals as may be appropriate. The Office shall submit its report to the Board of Supervisors within 30 days of receiving the ordinance from the Clerk of the Board of Supervisors, or prior to the consideration of the ordinance by a committee of the Board of Supervisors or the full Board of Supervisors, whichever occurs sooner.

(5) Racial Reconciliation. The Office shall develop a process of Racial Reconciliation to publicly address the specific needs of a racial group and its community and culture. The process shall engage City stakeholders and community members to address the root causes of racial inequities and divisions and ensure that the Racial Equity Framework, departments’ Racial Equity Action Plans, and any other steps taken are centered on a model of healing-informed governing for Racial Equity, to repair historical harm done by government-sanctioned actions.

(6) Development of Policy Priorities for Racial Equity. The Office shall work to identify existing policies and practices in the City that contribute to, uphold, or exacerbate Racial Disparities or lead to barriers to opportunities for communities of color, and shall develop legislative priorities to address these disparities, to be recommended to the Mayor and Board of Supervisors.

(7) Departmental Strategies for Racial Equity. The Office shall support capacity building and provide technical assistance for City departments to invest in strategies for Racial Equity, including: employee training and support, convening of City department meetings concerning Racial Equity, development of Racial Equity programming, and assisting departments with changes to departmental policies and practices to improve Racial Equity outcomes.

(8) Budget Equity Assessment Tool. The Office shall create a budget equity assessment tool for City departments to use in order to determine whether budget requests and annual allocations benefit or burden communities of color. The Office shall develop this Assessment tool to be submitted for possible approval by the Board of Supervisors, by December 31, 2021.

(9) Public Accountability and Transparency. In addition to ensuring that City departments are abiding by the requirements of this Section 12A.19 and providing for public access to any plans or reports referenced, the Office shall hold itself to a high standard of public transparency. The Office shall abide by principles of integrity, inclusivity, transparency, all with the ultimate aim of creating bold change for Racial Equity in San Francisco. The Office shall provide monthly reports to the Human Rights Commission on the Office’s work and activities. The Office shall prioritize regular engagement with community stakeholders and residents impacted by systemic racism, to collect input into the process and to guide the development of the Office’s work and plans.

(e) Racial Equity Action Plans and Annual Reports. Each City department shall develop a Racial Equity Action Plan in alignment with the Racial Equity Framework. By December 31, 2020, each City department shall submit its Racial Equity Action Plan to the Office, the Mayor, and the Board of Supervisors, and shall post it on the department’s website. The Racial Equity Action Plan shall include internal metrics concerning the department’s plans to achieve equity within the department and external metrics concerning the department’s services to the public. Departments may consider ways of measuring equity outcomes in hiring and promotional opportunities as well as contracts and provision of services. Prior to submission of these plans, departments shall present them publicly, through the department’s commission or other oversight or advisory body. If a department does not have a commission, or other oversight or advisory body, the Office may convene a public meeting for presentation of the department’s Plan. The Racial Equity Action Plans shall be updated by December 31 every three years thereafter. City departments shall integrate the Racial Equity Action Plan into departmental strategic plans. Beginning in 2022, each department shall prepare an annual report on the department’s progress towards goals set forth in the Racial Equity Action Plan. The annual report shall include relevant data on the status of Racial Equity in the department’s workforce and its provision of services to the public, including both direct services as well as services provided through grants and contracts. Each department shall submit its annual report to the Office, the Mayor, and the Board of Supervisors by March 1 for the preceding calendar year. The Board of Supervisors shall consider the annual reports in connection with the budget process. If a department is not compliant with regards to the Action Plan and annual reports, or if progress is not being made to address key Racial Equity disparities, the Board of Supervisors intends to exercise its discretion to withhold spending authority or freeze hiring during the budget process for the following fiscal year.

(f) Department Racial Equity Leaders. Each City department shall designate at least one staff person to serve as a “racial equity leader,” to coordinate the department’s Racial Equity strategy, Racial Equity Action Plan, and programs. Each City department with an annual budget over $10 million shall designate at least one staff person per departmental division, and submit a staffing plan to the Office to ensure sufficient capacity, to coordinate the department’s Racial Equity strategy, Racial Equity Action Plan, and relevant programs. Department leadership must consider existing duties for racial equity leaders so that this responsibility is not in addition to existing duties without adjustment of work responsibilities. Each City department with more than one racial equity leader shall develop internal systems to ensure communication about the department’s Racial Equity strategy, Racial Equity Action Plan, and programs, and coordination with the Office of Racial Equity. Department heads and designated department senior management shall engage with and support the racial equity leaders in the development of the above measures, to ensure these measures and outcomes are a priority for the department. The Office shall provide ongoing training for racial equity leaders. Racial equity leaders shall not be retaliated against for advancing plans to address racial disparities within the department’s operations or service provision.

(g) Annual Workforce Report. The Department of Human Resources, with support from the Office and the Office of the Controller, shall release an annual report concerning Racial Equity in the City government workforce. The report shall include an analysis of the status of City employees by race, including current employees, new hires, applicant pools (to the extent available), promotions, classifications, salaries, civil service and exempt positions, disciplinary actions, probationary releases, medical separations, and complaints regarding racial discrimination, and retaliation in the workplace along with their status and disposition. The data in the Workforce Report shall be disaggregated by race, sub-ethnicity, gender, and department, except to the extent disaggregation would violate any employee’s right to privacy. In addition, data will be disaggregated by city of residence for current employees, applicants, promotions, new hires, classifications and salaries. The Department of Human Resources shall complete the first report by March 1, 2020, and shall submit it to the Office, the Mayor, and the Board of Supervisors. After the initial report, annual Workforce Reports shall be released publicly and in conjunction with the department annual reports released on March 1 of each year as outlined in subsection (e). Nothing in this subsection (g) requires the Department of Human Resources to release information that would violate any employee’s right to privacy or any applicable law.

(h) Contracts Report. The Controller’s Office and the City Administrator, with support from the Office, shall develop processes and systems to gather and report on racial and gender equity in City contracting. No later than June 30, 2020, the offices shall submit to the Mayor and Board of Supervisor an implementation plan to achieve this goal, including project timelines, costs, and the ability to disaggregate data by contract type, level of contracting, and race, sub-ethnicity and gender.

(i) Evaluation of Office. Five years after the creation of the Office, the Controller shall conduct an evaluation of the Office with the intent to determine whether the existing structures and staffing are sufficient and how the Office can most effectively to achieve its mission and objectives.

(j) Composition of Office. Subject to the budgetary and fiscal provisions of the Charter, the Office shall be staffed by a Director and no fewer than four other full time employees.

(k) Powers and Duties of Human Rights Commission. With respect to the work of the Office, the Human Rights Commission shall hold all the powers and duties set forth in Section 12A.5 of this Administrative Code and Section 4.102 of the City Charter. This includes, but is not limited to, the power to hold public hearings on any subject relevant to the Office.

(l) Undertaking for the General Welfare. In enacting and implementing this Section 12A.19, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(m) Severability. If any section, subsection, sentence, clause, phrase, or word of this Section 12A.19, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have enacted this Section, including each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional, without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. , File No. 190547, App. 8/9/2019, Eff. 9/9/2019)