§ 91.2. DEFINITIONS.

As used in this Chapter 91, the following capitalized terms shall have the following meanings:

"Advisory Body" shall mean a body other than a City Board or City Commission that is created by ordinance for the purpose of providing policy advice to the Board of Supervisors, the Mayor, or City Departments.

"Annual Compliance Plan" is set forth in Section 91.11 of this Chapter.

"Bilingual Employee" shall mean a City employee who is fluent in both English and a second language and who is able to conduct the department's business in both languages. A bilingual employee shall include a City employee who (i) is in a classification that provides information or direct services to the public requiring language proficiency in English and a second language; or (ii) is either a certified interpreter or translator by the Department of Human Resources or accredited training or academic institution; or (iii) receives premium pay and regularly and continuously uses the second language in his or her city employment; or (iv) is self-designated as competent in a second language for purposes of sporadic translation services.

"City" shall mean the City and County of San Francisco.

"City Boards" shall mean all boards listed in Campaign and Governmental Conduct Code Section 3.1-103(a)(1).

"City Commissions" shall mean all commissions listed in Campaign and Governmental Conduct Code Section 3.1-103(a)(1).

"Commission" shall mean the Immigrant Rights Commission.

"Concentrated Number of Limited English Speaking Persons" shall mean either 5% of the population of the District in which a Covered Department Facility is located or 5% of those persons who use the services provided by the Covered Department Facility. The Office of Civic Engagement and Immigrant Affairs ("OCEIA") shall determine annually whether 5% or more of the population of any District in which a Covered Department Facility is located are Limited English Speaking Persons who speak a shared language other than English. OCEIA shall make this determination by referring to the best available data from the United States Census Bureau or other reliable source and shall certify its determination to all City Departments and the Commission no later than January 31st of each year. Each Department shall determine annually whether 5% or more of those persons who use the Department's services at a Covered Department Facility are Limited English Speaking Persons who speak a shared language other than English and report that determination in the Department's Annual Compliance Plan. Departments shall make this determination using one of the following methods:

(1) Conducting an annual survey of all contacts with the public made by the Department during a period of at least two weeks, at a time of year in which the Department's public contacts are to the extent possible typical or representative of its contacts during the rest of the year, but before developing its Annual Compliance Plan required by Section 91.11 of this Chapter; or

(2) Analyzing information collected during the Department's intake process for all clients, including walk-ins and scheduled appointments. The information gathered using either method shall also be broken down by Covered Department Facility to determine whether 5% or more of those persons who use the Department's services at a Covered Department Facility are Limited English Speaking Persons who speak a shared language other than English; or

(3) Analyzing and calculating the total annual number of requests for telephonic language translation services categorized by language that Limited English Speaking Persons make to the Department based on the Department's telephonic translation services monthly bills, official telephone logs, or any other reasonable method used for data collection.

"Covered Department Facility" shall mean any Department building, office, or location that provides direct services to the public and serves as the workplace for 5 or more full-time City employees.

"Department" shall mean any City Department, agency or office with a service or program that provides information or services directly to the public, or interacts with the public.

"Department's Service or Program" shall mean anything a City Department, agency, or office provides that involves direct services to the public as part of ongoing operations and those direct services administered by the Department, agency, or office for program beneficiaries and participants. Activities include, but are not limited to, information provided to or communication with the public, spaces or department facilities used by the public, and programs that provide direct services to the public.

"Direct Services to the Public" shall mean any service that requires City employees to provide responses to inquiries about official documents, licenses, financial matters, and benefits that are related to the public's health, safety, and general welfare.

"Districts" shall refer to the 11 geographical districts by which the people of the City elect the members of the City's Board of Supervisors.

"Emerging Language Population" shall mean at least 2.5% but less than 5 % of the population who use a Department's services, or at least 5,000 but less than 10,000 City residents, who speak a shared language other than English.

"Language Access Services" shall mean translation and interpretation services for both verbal and written communication.

"Limited English Speaking Person" shall mean an individual who does not speak English well or is otherwise unable to communicate effectively in English because English is not the individual's primary language.

"OCEIA" shall mean the Office of Civic Engagement & Immigrant Affairs or any successor agency.

"Public Contact Position" shall mean a position, a primary job responsibility of which consists of meeting, contacting, and dealing with the public in the performance of the duties of that position.

"Substantial Number of Limited English Speaking Persons" shall mean 10,000 Limited English Speaking City residents, who speak a shared language other than English. OCEIA shall determine annually whether at least 10,000 Limited English speaking City residents speak a shared language other than English. OCEIA shall make this determination by referring to the best available data from the United States Census Bureau or other reliable source and shall certify its determination to Departments and the Commission no later than January 31st of each year. Prior to certifying any new language as set forth in this subsection, OCEIA shall comply with the provisions in Chapter 91.16(e).

(Added by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; Ord. 202-09, File No. 090461, App. 8/28/2009; Ord. , File No. 141149, App. 3/12/2015, Eff. 4/11/2015)