Family Violence Council Ordinance
On September 11, 2007, the San Francisco Board of Supervisors approved the ordinance re-authorizing the Family Violence Council, legislation introduced by Mayor Gavin Newsom, and Supervisors Sophie Maxwell and Michela Alioto-Pier. Below is the official language of the ordinance.
[Reorganization of the Family Violence Council to concentrate on child abuse and elder abuse in addition to domestic violence.]
Ordinance amending Article XIX of the San Francisco Administrative Code to change the focus of the Family Violence Council to include child abuse and senior/adult dependent abuse in addition to domestic violence; reducing the membership of the Council's steering committee from ten members to three members (the three co-chairs of the Council); reducing the membership of the Council from 45 members (35 of whom are selected by the Steering Committee and 10 of whom are specified public officials or directors of nonprofit agencies, or their designees) to 19 members (17 required members who are specified public officials or directors of nonprofit agencies, or their designees, and 2 of whom are optional, at-large members appointed by the Steering Committee); eliminating the advisory committee to the Council and assigning the duties currently performed by the advisory committee to the Council as a whole; and deleting that portion of the Ordinance that allows the Council to establish an Interagency Domestic Violence Death Review Team.
Note: Additions are single-underline italics Times New Roman;
strikethrough italics Times New Roman.
Board amendment additions are double underlined.
Board amendment deletions are
Be it ordained by the People of the City andCounty of San Francisco:
Section 1. FINDINGS. The Board of Supervisors hereby finds and determines the following:
1. Family violence can be defined as a pattern of behavior in any relationship that is used to isolate, neglect, or gain/maintain power and control over an intimate partner, child, elder, and/or dependent adult. Abuse is physical, sexual, emotional, economic or psychological actions or threats of action that influence another person. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure or wound someone.
2. Family violence is a serious and widespread social problem in the United States. Family violence in all of its iterations: child abuse, domestic violence, and elder/dependent adult abuse, is a leading cause of serious injury to women. A woman is beaten every nine seconds in the United States. Over 500,000 elders and adults with disabilities are victims of abuse each year. Three million reports of child abuse and neglect are made each year in the United States, though experts estimate that the actual number of incidents is as much as 3 times greater.
3. Family violence is a serious and widespread social problem in San Francisco. Every year, over 11,000 individuals receive domestic violence services from community-based organizations in San Francisco. Almost half of all incidents of domestic violence against women are not reported to the police. Over 4,000 reports of abuse of elders and adults with disabilities are made to San Francisco Adult Protective Services each year. Over 6,000 children are referred one or more times to San Francisco Child Protective Services each year. For every incidence of elder/dependent adult or child abuse that is reported to the authorities, it is believed that four incidents are not reported.
4. Family violence services in our City are not adequate to serve the growing numbers of victims. For example: there are only three domestic violence shelters in San Francisco offering fewer than 100 beds. In San Francisco, 66% of battered women and children seeking shelter are turned away for lack of space. There is one shelter for abused seniors in the City; it has a capacity of two people at one time. Other vital services, including legal assistance, counseling, transitional housing, are also not able to meet the demand. With limited funding, and in spite of threatened and actual funding cutbacks, agencies have been serving more and more victims of family violence, stretching public and private resources as far as possible.
5. The Board of Supervisors finds that the reduction of all types of family violence is a critical societal goal. The strategy for change must be carefully planned, as an effective response cannot be accomplished piecemeal.
Therefore, it is the intent of the Board of Supervisors in 2007 to create the Family Violence Council to address the problems of family violence with recommendations for a strategy that includes all part of the justice system. The Board of Supervisors finds and declares that the Family Violence Council is a framework in which the community and justice system could study the response by public and private agencies and recommend programs, policies, and procedures for those agencies to more effectively respond to and prevent incidents of family violence.
Section 2. Article XIX of the San Francisco Administrative Code is hereby amended by amending Sections, 5.190 – 5.190-5 to read as follows:
SEC. 5.190. ESTABLISHMENT AND PURPOSE--FAMILY VIOLENCE
(a) Establishment. A Family Violence Council for the City and County of San Francisco (referred to hereafter in this Chapter as "Council") is hereby established as an advisory body to the Board of Supervisors. The Council shall consist of representatives from City agencies, community-based organizations, academia, and the medical and business communities
a steering committee of 10 members and an advisory committee of 35 members. The Council may create working groups of its membership to facilitate the activities of the Council. All City departments, commissions, boards and agencies shall cooperate with the Council in conducting its business.
The composition of the Council shall broadly represent the ethnic, racial, gender, age and sexual orientation diversity of the City and County.
(b) Purpose. The Council is established to advise and submit recommendations to the Board of Supervisors that address the problems of family violence. Family violence includes child abuse, domestic violence, and elder/dependent adult abuse. The Council may also advise the courts of the City and County and the Mayor by submitting recommendations to improve the response by these departments to family violence and abuse. The general purpose of the
cCouncil shall be the following:
(1) Increase the awareness and understanding of
domestic and family violence (and its consequences) by establishing a series of roundtables, forums, meetings, or summits that identify, highlight, and discuss critical issues pertaining to family violence so as to broaden understanding of family violence and its causes and consequences among the public, governmental agencies, courts, and community organizations;
(2) Recommend programs and policies that promote communication and coordination of City and community-based organizations' services relating to child abuse, domestic violence, and elder/dependent adult abuse.
23) Recommend programs, policies and coordination of City services to the Board of Supervisors and Mayor that may reduce the incidence of domestic and family violence in San Francisco.
ADVISORY FAMILY VIOLENCE COUNCIL--DUTIES.
The duties of the Council shall be the following:
(1) Recommend effective strategies through which public and private agencies that serve victims of domestic or family violence can identify the existence of
domestic and/or family violence;
(2) Recommend methods of providing public education about family violence and abuse;
(3) Facilitate communication between public and private agencies that provide programs for victims of
domestic and family violence and programs of family violence intervention;
(4) Recommend procedures to improve the cooperation and coordination of public and private agencies with all participants in the justice system who deal with family
and domestic violence, including procedures for reviewing fatalities resulting from family violence;
(5) Recommend a comprehensive and coordinated plan to collect data about
domestic and family violence in a manner that protects the identity of victims of domestic and family violence, and that would make the data available to the courts, prosecutors, law enforcement officers, and health care practitioners;
(6) Recommend ways of responding in a coordinated manner to family
and domestic violence by City departments, boards, commissions, agencies, and the courts that would improve responsiveness by the City and prevent family and domestic violence.
(7) Collect, compile and analyze public information regarding arrest and restraining order enforcement policies; screening and prosecution of cases; issuances of protective orders; identifying family violence in other legal proceedings; and monitoring offenders after judgment; and other relevant data as needed;
(8) Collect, compile and analyze public information relating to programs for victims of family violence and services provided for abusers on probation;
(9) Analyze current and projected revenue and funding sources and recommend other prospective revenue sources for response to family violence; and
(10) Respond to inquiries of the Board of Supervisors made consistent with the duties imposed by this Ordinance.
SEC. 5.190-2. STEERING COMMITTEE--COMPOSITION--TERMS OF OFFICE.
(a) Composition of Steering Committee. The members of the Steering Committee shall be the three co-chairs of the Family Violence Council, who shall be selected from among the members of the Family Violence Council. One co-chair will be selected from an agency or organization that specializes in domestic violence; one co-chair shall be selected from an agency or organization that specializes in child abuse; and one co-chair shall be selected from an agency or organization that specializes in elder/dependent adult abuse. A representative from the Department on the Status of Women shall provide support to the Steering Committee in scheduling meetings, developing meeting agendas, and performing such other functions as are necessary to promote the work of the Family Violence Council.
The Steering Committee shall consist of the following: (1) Presiding Judge of the Superior Court or his or her designee; (2) A second designee of the Presiding Judge of the Superior Court; (3) Presiding Judge, Superior Court, Family Law Department, or his or her designee; (4) Chair of the Domestic Violence Advisory Committee; (5) President of the Board of Supervisors, or his or her designee; (6) District Attorney, or his or her designee; (7) Chief of Police, or his or her designee; (8) President, Commission on the Status of Women, or his or her designee; (9) Chief Adult Probation Officer, or his or her designee; (10) Chair of the San Francisco Domestic Violence Consortium. (b) Steering Committee--Chair. The Presiding Judge of the Superior Court or his or her designee representing the Superior Court shall serve as chair of the Steering Committee.
cb) Meetings. The Steering Committee shall meet regularly at such times and places as the members whenever the chair of the Committee shall determine.
dc) Rules and Regulations. The Steering Committee may adopt reasonable rules and regulations not inconsistent with the Charter or this oOrdinance for the conduct of its affairs and for the distribution and performance of its business.
SEC. 5.190-3. STEERING COMMITTEE--DUTIES.
The Steering Committee shall serve as the policy setting body of the Council. Duties of the Steering Committee shall include the establishment of the organization and structure of the Council,
appointment of members to the Advisory Committee and assignment of the Advisory Committee's duties, creation of working groups when necessary to implement the objectives of the Council, and to oversee oversight of the operations of the Council.
ADVISORY COMMITTEEFAMILY VIOLENCE COUNCIL –COMPOSITION --TERMS OF OFFICE.
The Advisory Committee shall consist of 35 members who shall be appointed by and serve at the pleasure of the Steering Committee. The Steering Committee shall make one appointment from each of the below enumerated entities. Where the entity is a City officer, department, commission or agency, the Steering Committee shall make the appointment from nominees submitted by that officer, department, commission or agencyThe Family Violence Council shall consist of the following individuals: .
(1) Presiding Judge of the Superior Court, or his/her designee
(2) Mayor, or his or her designee
(3) President of the Board of Supervisors, or his/her designee
(4) District Attorney, or his/her designee
(5) Chief of Police, or his/her designee
(6) Sheriff, or his or her designee
(7) President of the Commission on the Status of Women, or his/herdesignee
(8) Chief of Adult Probation, or his/her designee
(9) Chief of Department of Emergency Management, or his/her designee
(10) Executive Director of the Domestic Violence Consortium,or his/her designee
(11) Executive Director of Human Service Agency, or his or her designee
(12) Executive Director of the Consortium for Elder Abuse Prevention, or his/her designee
(13) Executive Director of the San Francisco Child AbuseCouncil, or his/her designee
(14) Director ofthe Department of Public Health, or his/her designee
(15) Director of the Department of Adult and Aging Services, or his/her designee
(16) Director of the Department ofChildren, Youth, and Their Families, or his/her designee
(17) Chair of the Consortium ofBatterer's Intervention Programs, or his/her designee
(18) Director of Child Support Services, or his or her designee
The Steering Committee shall have the authority to appoint up to three at-large members to the Family Violence Council. Each of these members shall serve for a term of one-year at the pleasure of the Steering Committee.
(1) Mayor, or his or her designee; (2) District Attorney, or his or her designee; (3) Public Defender, or his or her designee; (4) Police Chief, or his or her designee; (5) Sheriff, or his or her designee; (6) Chief Adult Probation Officer, or his or her designee; (7) Director, Department of Human Services or his or her designee; (8) Director, Department of Public Health or his or her designee; (9) President, Commission on the Status of Women, or his or her designee; (10) Superior Court, civil division; (11) Superior Court, criminal division; (12) Battered women's shelters; (13) Treatment programs for batterers; (14) Pretrial Release Services; (15) San Francisco Women Lawyers Alliance; (16) San Francisco Bar Association; (17) Queen's Bench; (18) Legal Aid of San Francisco; (19) Social Services Agencies; (20) Educational Institutions; (21) Medical Institutions; (22) African American community; (23) Asian Pacific Islander community; (24) Latino community; (25) Other communities of color; (26) Elder community; (27) Gay and lesbian community; (28) Immigrant Services; (29) Minority Services; (30) Disabled Services; (31) Youth Services; (32) Media; (33) Religious community; (34) Business community; (35) Domestic violence survivor. The Advisory Committee may create working groups of its membership to facilitate the activities of the Committee.
(b) Assistance of the City Attorney. The City Attorney or his or her designee may be requested to provide advice and legal counsel to the Council.
(c) Terms of Office. The term of each member of the Advisory Committee shall be two years. In the event a vacancy occurs during the term of office of any member, a successor shall be appointed to complete the unexpired term of the office vacated in a manner similar to that which governed the initial appointment of the member.
dc) Meetings. The Advisory Committee Family Violence Council shall meet at least once a quarter at such times and places as the Council Chair of the Committee shall designate. SEC. 5.190-5. ADVISORY COMMITTEE--DUTIES. The duties of the Advisory Committee shall be as follows: (1) Collect and compile public information regarding arrest and restraining order enforcement policies; screening and prosecution of cases; issuances of protective orders; identifying family violence in other legal proceedings; and monitoring offenders after judgment; (2) Collect and analyze public information relating to programs for victims of family violence and services provided for abusers on probation; (3) Analyze current and projected revenue and funding sources, and recommend other prospective revenue sources for response to family and domestic violence; (4) Respond to inquiries of the Board of Supervisors made consistent with the duties imposed by this ordinance.
65. FAMILY VIOLENCE ADVISORY COUNCIL--ORGANIZATION.
(a) Removal of Council Members. If an at-large
A ny member of the Council who misses three regularly scheduled meetings of the Council in any 12-month period without the express approval of 51 percent of the members of the Council, given at a regularly scheduled meeting the Steering Committee may appoint a new at-large member to fill his/her seat on shall be deemed to have resigned from the Council. If a public or private official, or his or her designee, who occupies an ex-officio seat on the Council misses three regularly scheduled meetings of the Council in any 12-month period without the express approval of the Council, the Steering Committee may ask the ex-officio member to designate another individual to occupy that ex-officio seat.
(b) Compensation. Members of the Council shall not be compensated, nor shall they be reimbursed for expenses.
(c) Annual Report. The Council
shall may submit an annual report of its recommendations to the Board of Supervisors and may submit recommendations to the courts and the Mayor. The first report shall be issued no later than one year following the date of the first meeting of the Council and not less often than once yearly thereafter. The Council shall annually propose goals to be undertaken and report the accomplishment of those goals at the end of each 12-month period. Such goals shall seek to improve coordination, response, and prevention related to family and domestic violence. The Council may conclude that the work of the Council has been completed and request the Board of Supervisors to abolish the Council. SEC. 5.190-7. INTERAGENCY DOMESTIC VIOLENCE DEATH REVIEW TEAM. The San Francisco Family Violence Council may establish an Interagency Domestic Violence Death Review Team, pursuant to and consistent with the provisions of Penal Code Section 11163.4. The Council shall include in its annual report to the Board of Supervisors information regarding the work of the Interagency Domestic Violence Death Review Team.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
Deputy City Attorney