By Laws

By-Laws

Medical Cannabis Task Force

Article I – Name and Purpose

Section 1.  Name

The name of this Task Force shall be the Medical Cannabis Task Force.

Section 2.  Purpose

The Medical Cannabis Task Force was established by San Francisco Board of Supervisors Ordinance No. 34-10.  The Task Force shall:
1. Have the power and duty to:
a. Hold hearings and take testimony regarding medical cannabis issues and related matters
b. Create committees as necessary
c. Review local medical cannabis related laws, and make recommendations for changes to the Board of Supervisors and applicable departments
d. Develop and make recommendations for a mediation process to be used by operators of medical dispensaries, patients and neighbors of dispensaries to address community concerns and resolve conflicts and disputes
e. Develop and make recommendations to the Board of Supervisors and applicable departments regarding medical cannabis cultivation, production and baking guidelines for medical cannabis dispensaries
f. Develop and make recommendations to the Board of Supervisors and applicable departments regarding cultivation and distribution of medical cannabis by individual patients, caregivers or small collectives that may fall outside the definition of a medical cannabis dispensary under the City's Health Code
g. Develop and make recommendations to the Board of Supervisors and applicable departments regarding the cultivation of medical cannabis, particularly in residential dwellings, that may violate the City's Planning Code or applicable San Francisco or California Building Code requirements: and
h. Develop and make recommendations to the Board of Supervisors and applicable departments regarding the taxation of medical cannabis lawfully dispensed or cultivated in the City and County.
i. Develop and make general recommendation to the Board of Supervisors and applicable departments regarding medical cannabis permitting, cultivation and patients.
2. During each year of its operation submit to the Board of Supervisors an annual report summarizing its recommendations.

Article II – Officers

Section 1.  Officers

The Officers of this Task Force shall be a Chair and a Vice Chair. The Chair shall rotate with every meeting starting with Seat 1 and continuing consecutively until all seats have chaired a meeting and then repeat. The Vice Chair shall be the Chair from the previously held meeting. Chair and Vice Chair positions end at the ending of the meeting chaired.

Article III – Duties of Officers

Section 1.  Duties of the Chair

The Chair shall preside at all meetings of the Task Force.  The Chair, working with members of the Task Force and the staff, shall oversee the preparation and distribution of the agenda for the Task Force meetings. 

Section 2.  Duties of the Vice Chair

In the event of the absence, or inability of the Chair to act, the Vice Chair shall preside at the meetings and perform the duties of the Chair.  In the event of the absence of the Chair and the Vice Chair, the member next in line to be Chair shall serve as Chair.

Article IV – Meetings

Section 1.  Regular Meetings

Regular meetings of the Task Force shall be held on the third Friday of the month before noon.

Section 2.  Special Meetings

The Chair or a majority of the members of the Task Force may call special meetings and provide as much notice to members of the Task Force and the public as possible. All absences will be excused.

Section 3.  Notice of Meetings

The agendas of all regular meetings and notices and agendas of all special meetings shall be posted at the San Francisco Main Library, Government Information Center and the Task Force’s website.  Agendas and notices shall be emailed or mailed to each Task Force member and any person who requests such notice with the Task Force.

Section 4.  Cancellation of Meetings

The Chair may cancel a meeting if she or he is aware that a quorum of the body will not be present or if the meeting date conflicts with a holiday or other significant responsibilities of the Task Force members.  Notices of cancellation shall be emailed to Task Force members and posted at the meeting site, the San Francisco Main Library, Government Information Center, and the Task Force website.  If time permits, notices of meeting cancellations shall be mailed to all members of the public who have requested to receive notices and agendas of Task Force meetings.

Section 5.  Conduct of Meetings

(a) All Task Force meetings shall be conducted in compliance with all applicable laws, including but not limited to the Ralph M. Brown Act (Government Code Section 54950 et. seq.), the San Francisco Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) and the Task Force’s By-Laws.  Except where state or local laws or other rules provide to the contrary, meetings shall be governed by Robert’s Rules of Order.

(b) Cell phones and pagers shall be turned off during meetings of the Task Force.  The Chair may issue a warning to any member of the public whose pager or cell phone disrupts the Task Force meeting.  In the event of repeated disruption caused by pagers and cell phones, the Chair shall direct the offending member of the public to leave the meeting.

Section 6.  Setting Agendas

The staff of the Task Force, at the direction of the Chair, shall prepare the agenda for meetings.   The agenda for all regular meetings shall contain an item during which Task Force members may request items for the Task Force to consider at future meetings.

Section 7.  Action at a Meeting; Quorum and Required Vote

The presence of a majority of the members (seven members) of the Task Force shall constitute a quorum for all purposes.  The affirmative vote of a majority of the members of the Task Force (seven votes) shall be required for the approval of all substantive matters.  Procedural motions require an affirmative vote of a majority of the members present.  If a quorum is not present, no official action may be taken, except roll call and adjournment.

Section 8.  Voting and Abstention

Task Force members must be present to vote and participate.  Teleconference participation is not permitted.  Each member present at a Task Force meeting shall vote “Yes”, “No” or abstain when a question is put, unless the member is excused from voting on a matter by a motion adopted by a majority of the members present or the member has a conflict of interest that legally precludes participation in the discussion and vote pursuant to Robert’s Rules of Order. 
The Task Force shall take action on items on the agenda by roll call, voice vote or by show of hands.

Section 9.  Public Comment

The Task Force and all committees of the Task Force shall hold meetings open to the public in full compliance with state and local laws.  The Task Force encourages the participation of all interested persons.  Members of the public may address the Task Force on any matter within the subject matter jurisdiction of the Task Force for up to three minutes during public comment. The Chair may limit the time permitted for public comment consistent with state and local laws.

Section 10.  Public Testimony

The Task Force and all committees of the Task Force shall hold meetings open to the public in full compliance with state and local laws.  The Task Force encourages the participation of all interested persons.  Members of the public may comment on every item on the agenda prior to any action being taken by the Task Force. Each person wishing to speak on an item before the Task Force shall be permitted to be heard once for up to three minutes.

Article V -- Task Force Records

Section 1.  Minutes

Minutes shall be taken at every regular and special Task Force meeting and shall comply with the provisions of the San Francisco Sunshine Ordinance.  Minutes shall be approved by the majority vote of the Task Force.

Section 2.  Public Review File

The Task Force shall maintain a public review file in compliance with the San Francisco Sunshine Ordinance.  (See, San Francisco Administrative Code, Section 67.23.)

Section 3.  Tape Recordings

The Task Force shall audio record all regular and special meetings of the Task Force.  The audio recordings shall be maintained in accordance with the San Francisco Sunshine Ordinance.  (See, San Francisco Administrative Code, Section 67.14(b).)

 

Article VI – Committees and Working Groups

Section 1. Committees

Upon approval by a majority of the members of the Task Force, the Task Force may form committees to advise the Task Force on its on-going functions. Task Force members and members of the general public may be nominated by Task Force members, and then appointed by a majority vote of the Task Force, to serve on committees. The Task Force shall, by majority vote, appoint a chair for each committee. A committee chair need not be a member of the Task Force. Committees may submit recommendation(s) for this position to the Task Force. If a committee chair does not call meetings twice in a row, they shall be considered negligent in their duties. If a committee chooses, it may nominate a committee vice chair to be approved by the Task Force on an advice and consent basis. Committees shall report to the Task Force monthly. All Task Force members are encouraged to participate on committees to ensure broad and diverse Task Force committee representation. Each committee may have odd or even membership, a minimum of 5, and maximum of 15 members, and a minimum of 2 Task Force members. Three absences from properly noticed committee meetings, with or without an excuse, will result in automatic loss of membership status.

Section 2. Working Groups

Upon approval by a majority of the members of the Task Force, the Task Force may form working groups to advise the Task Force on a single issue. Task Force members and members of the general public may be nominated by Task Force members, and then appointed by a majority vote of the Task Force, to serve on working groups. A Task Force member, appointed by a majority vote of the Task Force, shall chair each working group. If a working group chooses, it may nominate a working group vice chair to be approved by the Task Force on an advice and consent basis. All Task Force members are encouraged to participate on committees to ensure broad and diverse Task Force working group representation. Each working group shall have an odd number of members; a minimum of 5, and maximum of 15, members: and a minimum of 3 Task Force members.
 
Article VIII – Attendance

Members of the Task Force shall notify the staff of the Task Force if she or he is unable to attend a regular or special meeting of the Task Force.

Article IX - Amendment of By Laws

The By Laws of the Task Force may be amended by a vote of a majority of the members of the Task Force after presentation of the proposed amendments as an agenda item at a meeting of the Task Force.  The Task Force shall give ten days notice before considering any amendments to its by laws.