FORTY-EIGHTH SUPPLEMENT TO MAYORAL PROCLAMATION

OFFICE OF THE MAYOR LONDON N. BREED

SAN FRANCISCO MAYOR

FORTY-EIGHTH SUPPLEMENT TO MAYORAL PROCLAMATION DECLARING

THE EXISTENCE OF A LOCAL EMERGENCY DATED FEBRUARY 25, 2020

Authority to Streamline Examination Process for Temporary Exempt Employees;

Authority to Extend Temporary Exempt Appointments;

Cash-Out of Excess Accrued Vacation Balances

WHEREAS, California Government Code Sections 8550 et seq., San Francisco Charter

Section 3.100(14) and Chapter 7 of the San Francisco Administrative Code empower the

Mayor to proclaim the existence of a local emergency, subject to concurrence by the

Board of Supervisors as provided in the Charter, in the case of an emergency threatening

the lives, property or welfare of the City and County or its citizens; and

WHEREAS, On February 25, 2020, the Mayor issued a Proclamation (the

“Proclamation”) declaring a local emergency to exist in connection with the imminent

spread within the City of a novel (new) coronavirus (“COVID-19”); and

WHEREAS, On March 3, 2020, the Board of Supervisors concurred in the Proclamation

and in the actions taken by the Mayor to meet the emergency; and

WHEREAS, On March 4, 2020, Governor Gavin Newsom proclaimed a state of

emergency to exist within the State due to the threat posed by COVID-19; and

WHEREAS, On March 6, 2020, the Health Officer declared a local health emergency

under Section 101080 of the California Health and Safety Code, and the Board of

Supervisors concurred in that declaration on March 10, 2020; and

WHEREAS, During the COVID-19 pandemic, the City closed its civil service

examination testing center, and was unable to conduct civil service examinations for

more than seven months, causing a significant backlog in the City’s ability to hire new

employees in permanent positions; and

WHEREAS, The City has more than 3,000 funded, vacant positions as a result of

COVID-induced delays in hiring; and

OFFICE OF THE MAYOR LONDON N. BREED

SAN FRANCISCO MAYOR

WHEREAS, Charter Section 10.104 allows the City to hire employees temporarily in

specified positions that are not subject to the Charter’s permanent civil service

appointment and removal procedures. These positions and appointments are often called

“exempt.” Charter Section 10.104(18) allows departments to hire exempt employees for

special projects and professional services for a period of no more than three years. These

appointments are often referred to as “Category 18 positions”; and

WHEREAS, A number of City departments have hired exempt employees in Category

18 positions to address critical City needs responding to the COVID-19 pandemic, and

many of those employees have done extraordinary work to help the City and its residents

recover from the pandemic, establishing in many cases that they are well qualified to be

hired to permanent civil service positions; and

WHEREAS, Due to the pandemic, the City has been unable to schedule and conduct

sufficient civil service exams to fill these critical positions in a permanent capacity, and it

is in the City’s interest to stabilize the City’s workforce at this time; and

WHEREAS, In the Seventh and Thirty-First Supplemental Proclamations, the Mayor

waived provisions of local law to allow City employees to accrue up to 80 hours of

vacation over the applicable vacation cap because many City employees were unable to

use vacation balances due to the demands of their duties related to the emergency.

Section 3 of the Thirty-Seventh Supplement authorized employees to continue to carry

vacation balances over the cap until June 30, 2022 to provide additional time for

employees to reduce their vacation balances;

NOW, THEREFORE,

I, London N. Breed, Mayor of the City and County of San Francisco, proclaim that there

continues to exist an emergency within the City and County threatening the lives,

property or welfare of the City and County and its citizens;

In addition to the measures outlined in the Proclamation and in the Supplements to

the Proclamation issued on various dates, it is further ordered that:

(1) The Human Resources Director, in consultation with the Executive Director of the

Civil Service Commission, is authorized to temporarily modify Civil Service Rules to

establish streamlined competitive examination processes for employees who have served

OFFICE OF THE MAYOR LONDON N. BREED

SAN FRANCISCO MAYOR

for at least one year in an exempt status under Charter Section 10.104(18) (special

projects and professional services).

On the date the Human Resources Director submits these temporary modifications to the

Civil Service Commission, the Human Resources Director shall simultaneously submit to

the Commission proposals for permanent rule modifications regarding the same matters.

The Human Resources Director shall provide written notice of the rule modifications to

all employee organizations representing City employees who may be impacted by the

temporary rule modifications. The temporary rule modifications shall take effect five

days after submission by the Human Resources Director to the Civil Service

Commission, regardless of whether the Commission has considered or approved the

modifications. Each temporary rule modification will be effective until the earliest of: (a)

the date the Civil Service Commission approves the proposed permanent rule

modifications, either as proposed by the Human Resources Director or as amended by the

Commission, (b) the date the Civil Service Commission disapproves the Human

Resources Director’s proposed permanent rule modifications, or (c) December 15, 2022.

Any eligible list adopted through the process above will have a duration of no longer than

one year. This Order shall remain in effect until December 15, 2022, unless terminated

earlier by the Mayor or the Board of Supervisors.

(2) The Human Resources Director is delegated authority to extend the term of exempt

appointments under Charter Section 10.104(18) by up to one additional year for

employees whose three-year appointment term will expire on or before December 31,

2022. This Order shall remain in effect until December 31, 2022, unless terminated

earlier by the Mayor or the Board of Supervisors.

(3) To clarify how the City shall treat vacation hours held by City employees in excess

of the applicable vacation cap on June 30, 2022, Section 3 of the Thirty-Seventh

Supplement is revised and replaced as follows:

Employees who accrued additional vacation hours above the maximum accrual limit

under Section 3 of the Thirty-First Supplement to the Proclamation of Local Emergency

must use vacation time and reduce their balance below the maximum accrual limit by

June 30, 2022. Any provisions of the Charter, the Municipal Code, and City rules or

regulations that would limit or prevent employees from carrying vacation balances above

the maximum accrual limit are waived, including but not limited to Charter Section

A8.440 and Administrative Code Section 16.12. For all employees who continue to carry

OFFICE OF THE MAYOR LONDON N. BREED

SAN FRANCISCO MAYOR

vacation balances over the applicable vacation cap on June 30, 2022, the City shall pay

the employees the value of such hours and reduce the employee’s vacation balance to the

applicable cap. The Human Resources Director and Controller, or their designees, are

authorized to implement this program and issue any necessary rules and guidance. This

Order shall remain in effect until June 30, 2022, unless terminated earlier by the Mayor

or the Board of Supervisors.

DATED: May 19, 2022

London N. Breed

Mayor of San Francisco

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