Rent Board Rules and Regulations: Part II - Board Organization and Procedures

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Section 2.10 Election of Officers

(Amended February 21, 1989; amended February 16, 2021)

            The members of the Board, including alternates, shall elect, or re-elect, from among themselves a President and Vice-President for a term of one year. The election of each officer shall require a vote of the majority of the members. Board Officers may be replaced or re-elected at the expiration of each one-year term.

            The election of officers shall be held annually as part of its regular January Board Meeting, or at any other regular or special meeting of the Board, provided notice of such an election is sent to the members and alternates at least ten (10) days prior to the meeting at which the election will be held. The President or any two members may call a special meeting for the election of officers, if needed, or call for such an election at a regular Board meeting, provided the notice required in this section is given.

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Section 2.11 Board Alternates

(Amended February 21,1989; amended February 16, 2021)

            Alternates may participate in discussion and deliberations and may preside over appeal hearings and vote on Board resolutions and other Board governance, but will only be allowed to vote on appeal decisions and regulation changes when the member for whom the alternate serves as alternate is not present or has been excused from consideration of or voting on a matter by the Board.

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Section 2.12 Decisions by the Board

            A decision of the Board shall require a majority of all the members of the Board. All decisions of the Board shall be recorded by roll call vote and a record of such actions shall be available to the public. Each member present at a meeting shall vote either for or against any question put to a vote, unless excused from voting by a motion adopted by a majority of the members present.

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Section 2.13 Board Meetings

(Amended June 17, 1986; June 18, 1991; January 18, 1994; new section (e) added; amended  March 23, 2004)

            (a)        The Board shall meet on the first Tuesday of each month at 6:00 p.m. at Room 70, Lower Level, 25 Van Ness Avenue, San Francisco, California, 94102 except (i) when that day falls on a legal holiday or election day, the meeting shall be held on the next Tuesday which is neither a legal holiday nor an election day, or (ii) when the Board designates an alternate date or place for the meeting, the meeting shall be held on the designated date and at the designated place.

            (b)        The Board shall meet at such other times as necessary to stay current with the workload or tend to administrative matters.

            (c)        Special meetings may be held any time, upon compliance with Charter provision 3.500.

            (d)        Meetings shall be open to the public, except that any member may require that matters for which meetings in executive session are allowed by law be discussed and considered in executive session, provided all votes of the members shall be matters of public record.

            (e)        For purposes of testimony at Public Hearings before the Board, members of the public shall be limited to testimony of three minutes duration. The Board shall have the authority to waive this limitation at its discretion.

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Section 2.14 Agenda

            Except for meetings in executive session, the agenda for each meeting of the Board shall be sent to each member and alternate with notice of the meeting. Notices of meetings and agendas shall be prepared and filed with the Public Library in the manner and within the times required by law. Matters on any meeting's agenda may be considered and decided out of the order on which they appear on the agenda upon approval of the members present. Except where prohibited by public notice requirements, the Board may, at any meetings, consider and decide matters not on the agenda for that meeting if the members present unanimously approve.

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Section 2.15 Per Diem Compensation

(Amended September 21, 1999; amended March 23, 2004; amended August 24, 2004)

            Each member shall receive $75.00 for each Board meeting attended if the meeting lasts for six hours or more in a single twenty-four hour period, and $70.00 if the meeting lasts less than six hours in a single twenty-four hour period. If a member or the alternate is not in attendance for an entire meeting, compensation shall be determined by reference to the actual aggregate time the member was in attendance in proportion to the total time of the meeting.

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Section 2.16 Financial Disclosure and Conflict of Interest Statement

            Pursuant to the conflict of interest code adopted by the Board pursuant to Government Code Section 87300 and approved by the Board of Supervisors, all members shall disclose all present holdings and interests in real property, including interests in corporations, trusts, or other entities with real property holdings, in accordance with applicable state law.

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Section 2.17 Conflict of Interest

            No member of the Board or member of the staff of the Board may participate in the consideration or decision of any case in which such person has any personal interest, including an equity interest, an interest as a landlord, tenant or management person, or is related by blood or marriage or adoption to a landlord or tenant involved.

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Section 2.18 Waiver of Regulations

(Amended August 29, 1989; September 27, 1994)

            The Board may grant exception to these regulations for good cause shown in the interest of justice or to prevent hardship. If a majority of the board votes to accept a landlord or tenant appeal on the basis of financial hardship, they may delegate their authority to hear and decide such a claim to an Administrative Law Judge, subject to the right of appeal to the board.

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Section 2.19 Advisory Opinions

            No advisory opinion, oral or written, shall be given by the Board, or any of its members, except upon the vote of a majority of the Board.

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Section 2.20 Index of Decisions

            The Board shall establish and continuously maintain a file of decisions and opinions issued by Administrative Law Judges and the Board, properly indexed as to subject matter and available for public inspection in the Board office between the hours of 9 a.m. - 5 p.m. on weekdays, excluding holidays. Copies of decisions and opinions may be reproduced at the expense of the person requesting the copies, at a price equal to the cost of such reproduction to the Board, as determined by the Executive Director. Funds so received shall be deposited with the controller.

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Section 2.21 Parental Leave Policy

(Enacted December 13, 2022)

            Administrative Code Chapter 67B authorizes Board members to take parental leave in certain circumstances. The terms of the parental leave policy are set forth in Administrative Code Section 67B.1, incorporated by reference as if fully set forth herein. Staff shall provide a copy of Section 67B.1 to each member of the Board when the member assumes office.  Any member who intends to take parental leave under this policy must inform Rent Board staff and the Board President in writing. To the extent feasible, the member’s written notice shall state the beginning and end dates of the leave and whether the member intends to participate in Board meetings remotely during the leave. However, the notice is not binding on the member and does not limit the member’s rights under the parental leave policy.

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