SEC. 10.25. EXCEPTIONS TO FOUR PRECEDING SECTIONS.

The provisions of Sections 10.21 to 10.24 of this Code shall not apply to claims referred to the Bureau of Delinquent Revenue Collection, pursuant to the provisions of Sections 10.37 to 10.42 of this Code.

(Ord. No. 8346(1939), Sec. 5; amended by Ord. 314-00, File No. 001909, App. 12/28/2000)

SEC. 10.25-1. OFFICERS AND EMPLOYEES INCLUDED WITHIN THE PROVISIONS OF SECTIONS 10.25-1 THROUGH 10.25-7.

The provisions of Section 10.25-1 through 10.25-7 shall apply only to uniformed officers and employees of:

(a) The Police Department;

(b) The Fire Department;

(c) The Sheriff's Department; and

(d) The Municipal Railway.

(Added by Ord. 90-62, App. 3/28/62)

Uniformed officers and employees are those members of departments listed in Section 10.25-1 who are required by Charter, ordinance or rule of their department to possess a uniform in connection with their employment, whether or not such uniform was worn at the time of the claimed damage.

(Added by Ord. 90-62, App. 3/28/62)

Uniformed officers and employees may recover part or all of the cost of replacing or repairing equipment, property or prostheses which has been damaged or destroyed in the line of duty and without fault of the officer or employee in the manner provided in Sections 10.25-4 through 10.25-7.

(Amended by Ord. 72-81, App. 2/5/81)

A verified claim must be filed with the department head of the officer or employee within 30 days after the date upon which the damage is alleged to have occurred.

(Added by Ord. 90-62, App. 3/28/62)

Payment under the provisions of this Section shall be made by the Controller when:

(a) A verified claim has been filed;

(b) The department head certifies to the Controller that the damage occurred in the line of duty and that the amount certified for payment is fair and reasonable; and

(c) Funds are available for the purpose.

(Added by Ord. 90-62, App. 3/28/62)

Subject to the approval of the Controller and the Board of Supervisors by resolution, the department head of each department specified under Section 10.25-1 may by regulation establish classifications of equipment, property or prostheses that are, in the opinion of such department head, reasonably necessary in the performance of the uniformed officer's or employee's duties and set the maximum amount not to exceed actual value which may be recovered for the replacement or repair of specific items within such classifications. Such department heads shall notify all uniformed officers and employees by periodic informational bulletins or similar means of all regulations authorized by this Section.

(Amended by Ord. 72-81, App. 2/5/81)

The Controller shall establish such rules and regulations and devise such forms as he or she deems necessary to carry out the purposes of this Section. Observance of such rules and regulations and the use of such forms shall be binding and obligatory on the claimant and the department head concerned.

(Added by Ord. 90-62, App. 3/28/62)

(a) Cost of Repair or Replacement. Officers and employees other than those listed in Section 10.25-1 may recover part or all of the cost of replacing or repairing equipment, property or prostheses which have been damaged or destroyed in the line of duty and without fault of the officer or employee in the manner provided in Sections 10.25-1 through 10.25-7 of this Code, unless otherwise provided in this Section.

(b) Claims for $1,000 or Less. For claims made in the amount of $1,000 or less, the Controller shall make payment when:

(1) A verified claim has been filed;

(2) The department head certifies to the Controller that:

(A) The damage occurred in the line of duty, and

(B) The amount certified for payment is fair and reasonable; and

(3) Funds are available for the purpose.

(c) Claims for Over $1,000. For claims made in amounts greater than $1,000, the Controller shall make payment when:

(1) A verified claim has been filed;

(2) The department head certifies to the Controller that:

(A) The damage occurred in the line of duty,

(B) The amount certified for payment is fair and reasonable, and

(C) The damage occurred without fault of the officer or employee and was occasioned by unusual circumstances or the occurrence of an extraordinary event;

(3) The Controller concurs in the certification of the department head;

(4) That Board of Supervisors approves by resolution payment of all or part of the claim; and

(5) Funds are available for the purpose.

(Added by Ord. 478-97, App. 12/30/97)

(a) Cost of Replacement. Officers and employees other than those listed in Section 10.25-1 may recover part or all of the cost of replacing equipment, property or prostheses which have been stolen through no fault of the officer or employee while in the course of his or her duties in the manner provided in Sections 10.25-1 through 10.25-7 of this Code, unless otherwise provided in this Section.

(b) Claims for $1,000 or Less. For claims made for the amount of $1,000 or less, the Controller shall make payment when:

(1) A verified claim has been filed;

(2) The department head certifies to the Controller that:

(A) The property, equipment or prostheses were necessary to the performance of the duties of the position,

(B) The theft occurred in the course of the officer's or employee's duties, and

(C) The amount certified for payment is fair and reasonable;

(3) Funds are available for the purpose.

(c) Claims for Over $1,000. For claims made for amounts greater than $1,000, the Controller shall make payment when:

(1) A verified claim has been filed;

(2) The department head certifies to the Controller that:

(A) The property, equipment or prostheses were necessary to the performance of the duties of the position,

(B) The theft occurred in the course of the officer's or employee's duties, and

(C) The amount certified for payment is fair and reasonable;

(3) The Controller concurs in the certification of the department head; and

(4) The Board of Supervisors approves by resolution payment of all or part of the claim; and

(5) Funds are available for the purpose.

(Added by Ord. 478-97, App. 12/30/97)

Notwithstanding any other provision of the Administrative Code, the Airports Commission is authorized to settle, dismiss or compromise any legal proceeding, including, but not limited to, any litigation or adjudicatory or enforcement proceeding before a court, administrative body, federal, State or local enforcement body, hearing officer or arbitrator, brought for or against the City which involves any property or matter under the jurisdiction of the Airports Commission in which the total monetary amount, if any, does not exceed $100,000, but only upon the recommendation of the City Attorney.

(Added by Ord. 216-96, App. 7/3/96; amended by Ord. 90-02, File No. 020268, App. 6/14/2002)

Notwithstanding any other provision of the Administrative Code, the City Attorney, with the consent of the Airports Commission, is authorized to settle, dismiss or compromise unlitigated claims or demands which involve any property or matter in which the total monetary amount, if any, does not exceed $100,000.

(Added by Ord. 216-96, App. 7/3/96; amended by Ord. 90-02, File No. 020268, App. 6/14/2002)

(a) Notwithstanding any other provision of the Administrative Code, the Human Resources Director is authorized to settle grievances filed pursuant to valid memoranda of understanding in an amount not to exceed $50,000 for class action grievances, and not to exceed $50,000 for any individual grievances, or for any individual who is part of a class action settlement. All settlements pursuant to this Section shall require the approval of the City Attorney and certification by the Controller of the existence of sufficient funds to pay the settlement in the appropriate department budget.

(b) Notwithstanding any other provision of the Administrative Code, appointing officers are authorized to settle grievances filed pursuant to valid memoranda of understanding in an amount not to exceed the equivalent of 45 days of a grieving employee's compensation. All settlements pursuant to this Section shall be in accordance with the policies and procedures of the Department of Human Resources and shall require the approval of the City Attorney and certification by the Controller of the existence of sufficient funds to pay the settlement in the appropriate department budget.

(c) The Human Resources Director shall file with the Board of Supervisors on a quarterly basis, beginning July 15, 1997, for the period of April 1, 1997 through June 30, 1997, a written report identifying and summarizing all settlements approved under the provisions of this Section.

(Added by Ord. 96-97, App. 3/21/97; amended by Ord. 390-98, App. 12/24/98)