Charter of the City and County of San Francisco

Charter of the City and County of San Francisco
Name	Charter of the City and County of San Francisco
Date created	1898
Date ratified	1898
Location of document	San Francisco City Hall
Writer	Board of Freeholders
Purpose	Municipal charter establishing the consolidated government of the City and County of San Francisco

Charter of the City and County of San Francisco. The Charter is the foundational governing document for the City and County of San Francisco, a unique consolidated city-county in California. It functions as a constitution for the local government, defining its structure, powers, and the relationship between its various branches and officials. First adopted in 1898 following the merger of the city and county governments, the Charter has been extensively amended and revised to address the evolving needs of one of America's major urban centers.

History and adoption

The current Charter's origins trace back to the late 19th century, following the merger of the previously separate governments of the City of San Francisco and the County of San Francisco. This consolidation was enabled by the California Constitution and a specific act of the California State Legislature. A Board of Freeholders, elected by the city's voters, drafted the initial charter, which was then approved by the electorate in 1898. This document replaced the earlier 1850 Charter of the City of San Francisco, which was established shortly after the California Gold Rush and the Admission of California to the Union. The 1898 Charter formally created the unified government structure that has governed the San Francisco Bay Area's central city ever since, surviving major events like the 1906 San Francisco earthquake.

Structure and key provisions

The Charter is a lengthy and detailed document organized into numerous articles and chapters. Its key provisions establish the framework for the city's governance, including the separation of powers, the Mayor's executive authority, the legislative power of the San Francisco Board of Supervisors, and the administrative functions of various City Departments. It enumerates specific powers granted to the city-county, such as those pertaining to public utilities, land use through the San Francisco Planning Department, and municipal elections administered by the Department of Elections. The Charter also contains a comprehensive Civil service system for city employees and outlines the budgetary process overseen by the Controller of San Francisco.

Government organization and powers

The Charter organizes the government into distinct branches. The executive branch is headed by the Mayor of San Francisco, who appoints department heads like the Chief of Police and the Fire Chief with approval from the San Francisco Board of Supervisors. The legislative branch is the unicameral San Francisco Board of Supervisors, whose members are elected from districts. The Charter also establishes several independent elected officials, including the San Francisco District Attorney, the San Francisco City Attorney, and the San Francisco Sheriff. Key city agencies like the San Francisco Municipal Transportation Agency (SFMTA), the San Francisco Public Utilities Commission, and the Port of San Francisco derive their operational authority from Charter mandates.

Amendment process

Amendments to the Charter can be proposed through several methods, all requiring ultimate approval by the city's voters. The San Francisco Board of Supervisors can place amendments on the ballot by a supermajority vote. Alternatively, citizens can propose amendments through the initiative process by gathering a required number of signatures. Less frequently, a new Board of Freeholders can be elected to draft a comprehensive revision, which is then submitted to the electorate for approval, as was done for the major 1995 revision. This process is governed by both the Charter itself and the California Constitution.

Notable amendments and revisions

The Charter has undergone significant changes since 1898. A major reorganization occurred in 1932, centralizing administrative authority. The most comprehensive modern revision was adopted in 1995, transitioning the San Francisco Board of Supervisors from at-large to district elections and strengthening the Mayor's budgetary powers. Other notable amendments have created the Department of Elections, established the Office of Citizen Complaints (now the Department of Police Accountability) to oversee the San Francisco Police Department, and enacted campaign finance and ethics laws enforced by the San Francisco Ethics Commission. Amendments have also shaped policy areas like rent control and affordable housing.

Legal status and relationship to state law

As a charter city under the California Constitution, San Francisco possesses broad home rule authority over municipal affairs. The Charter acts as the supreme local law, and the city can legislate on local matters independent of general state law, as affirmed by cases like *Johnson v. Bradley* (1992). However, in areas deemed of statewide concern, such as certain aspects of education funding or workers' compensation, statutes from the California State Legislature and decisions from the California Supreme Court take precedence. This relationship is constantly interpreted through litigation in courts like the California Courts of Appeal and the Superior Court of California, County of San Francisco.

Category:San Francisco law Category:California county charters Category:1898 in California