SEC. 10.27. OVERPAYMENT OF SALARY OR WAGES.

Whenever any person whose salary or wage is paid out of the treasury of the City and County has been paid an amount in excess of that which such person was entitled to have received, such person shall, upon the demand of the Controller, pay back into the treasury such excess salary or wage.

In the event the repayment of such excess salary or wage in one payment would cause undue hardship on such person, the Controller may, with the concurrence of the City Attorney, permit the repayment to be made in equal monthly or biweekly installments.

In the event of termination of service of such person before full repayment has been made, such person shall not be paid any of his or her retirement accumulations or credits, until repayment has been made in full.

The City Attorney is hereby authorized and directed to take such action as may be necessary to effect full recovery of any unpaid amount.

(Ord. No. 8346(1939), Sec. 6)

The Controller may, in his or her discretion, offset any amount owed to the City and County by a person or entity against any amount owed by the City and County to such person or entity.

(Added by Ord. 127-63, App. 5/28/63)

If the amount owed to a person or entity is insufficient to offset all amounts owed by such person or entity to the City and County, the amount available for offset may be applied in such manner as the Controller deems proper.

(Added by Ord. 127-63, App. 5/28/63)

Whenever an amount against which an offset has been made becomes payable, the Controller may, in his or her discretion, draw a warrant or warrants for the offset amount in favor of the concerned City and County department, board or commission to which the offset money is owed. The balance remaining, if any, may be paid the person or entity to whom due.

(Added by Ord. 127-63, App. 5/28/63)

In event the person or entity against whom an offset has been made is required to bill or otherwise make demand for payment and refuses or neglects to do so, when requested by the Controller, the concerned City and County department, board or commission shall file with the Controller a certificate setting forth the facts and make such billing or demand upon behalf of the person or entity. If approved by the Controller, it shall have the same force and effect as though it were a bill or demand made by the person or entity.

(Added by Ord. 127-63, App. 5/28/63)

The amount due and payable to any person or entity by the City and County is the net amount otherwise owed such person or entity after giving effect to any offset as provided in Sections 10.27-1 to 10.27-4.

(Added by Ord. 127-63, App. 5/28/63)

SEC. 10.27-6. CONTROLLER MAY OFFSET - SECTION 16.32 NOT ABRIDGED.

The provisions of Sections 10.27-1 to 10.27-5, inclusive, neither amend nor abridge those of Section 16.32 (Bill No. 1125, Ordinance No. 4.073(C.S.) No. 5) of this Code.

(Added by Ord. 127-63, App. 5/28/63)

Prior to imposing any offset authorized by Sections 10.27 and 10.27-1, the Controller shall inform the person or entity against whose entitlement to money the offset will be asserted that notice has been received from a City and County department, board or commission that the person or entity may owe money to the City and County. The Controller shall notify the person or entity in writing as to the amount and reason for the offset and such person or entity shall be entitled to a hearing by the Controller. If requested by the person or entity, the Controller shall fix a time and place for said hearing and cause all parties to be notified not less than 15 days before the date of such hearing. Each party shall have the right to be represented by counsel, or other person of their choosing, to call and examine witnesses, to impeach any witness regardless of who called said witness to testify, and to rebut adverse evidence. The department, board or commission shall have the burden of proving by a preponderance of the evidence that money is owed to the City and County. Within 15 days following the hearing, the Controller shall issue his or her decision to all parties.

(Added by Ord. 313-87, App. 7/17/87)