San Francisco County Municipal Code Art. II Settlement of Claims for and

AGAINST CITY AND COUNTY Sec. 10.20-1. Necessity for Filing Claim. Sec. 10.20-2. Presentation and Form of Claim. Sec. 10.20-3. Time of Presentation of Claims. Sec. 10.20-4. Place of Presentation of Claim. Sec. 10.20-5. Disposition of Claims.

Sec. 10.20-6. Disposition of Claims by Commissions. Sec. 10.20-7. Application for Leave to Present Late Claim. Sec. 10.20-8. Requests for Waiver of Statute of Limitations. Sec. 10.21. Adjustment, Payment and Settlement of Claims, Judgments and Demands Prior to their Presentment as Claims. Sec. 10.22. Allowance or Settlement of Unlitigated Claims Exceeding Twenty-Five Thousand Dollars. Sec. 10.22-1. Settlement of Minor's Claims. Sec. 10.22-2. Settlement of Litigation not Exceeding Twenty-Five Thousand Dollars. Sec. 10.23. Claims in Favor of City and County—Notice to be Filed. Sec. 10.24. Claims in Favor of the City and County—Settlement. Sec. 10.25. Exceptions to Four Preceding Sections. Sec. 10.25-1. Officers and Employees Included Within the Provisions of Sections 10.25-1 through 10.25-7. Sec. 10.25-2. Uniformed Officers and Employees Defined. Sec. 10.25-3. Replacement or Repair of Damaged Equipment, Property or Prostheses of Uniformed Officers and Employees. Sec. 10.25-4. Time in Which Verified Claim Must be Filed. Sec. 10.25-5. Requisites for Payment; Availability of Funds; Certification of Department Head. Sec. 10.25-6. Limitation on Recovery. Sec. 10.25-7. Controller to Establish Rules and Regulations. Sec. 10.25-8. Claims for Damaged or Destroyed Property; Non-Uniformed Employees. Sec. 10.25-9. Claims for Stolen Property; Non-Uniformed Employees. Sec. 10.25-10. Airports Commission Legal Proceedings. Sec. 10.25-11. Airports Commission Unlitigated Claims. Sec. 10.25-12. Settlement of Grievance Filed Pursuant to Valid Memoranda of Understanding. Sec. 10.26. Deposit of Money Received. Sec. 10.27. Overpayment of Salary or Wages. Sec. 10.27-1. Controller May Offset. Sec. 10.27-2. Controller May Offset—If Amount Owed Is Insufficient. Sec. 10.27-3. Controller May Offset—When Amount Becomes Payable. Sec. 10.27-4. Controller May Offset—When Person Fails to Bill for Payment. Sec. 10.27-5. Controller May Offset—Net Amount. Sec. 10.27-6. Controller May Offset—Section 16.32 Not Abridged. Sec. 10.27-7. Controller May Offset— Hearing. Sec. 10.28. Special Counsel for Controller upon Actions Against Him or Her by City and County. Sec. 10.28A. Calculation and Recovery of Emergency Response Expenses.

No suit for money or damages may be brought against the City and County until a written claim therefor has been presented to and rejected by the City and County in conformity with the provisions of general State law relating to claims against public entities. Pursuant to the authority set forth in California Government Code Section 935, all claims against the City shall be subject to this requirement, including those claims otherwise exempt from claim filing requirements under California Government Code Section 905, except where the claims are governed by other statutes or regulations relating expressly thereto. (Amended by Ord. 303-63, App. 12/9/63; Ord. 226-02, File No. 021644, App. 11/26/2002)

A claim as required to be filed pursuant to Section 10.20-1 shall be presented by the claimant or by a person acting in his or her behalf as indicated by Section 915 of Government Code and shall show:

(a) The name and post office address of the claimant; (b) The post office address to which the claimant desires notices to be sent; (c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted; (d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation; (e) The name or names of the public employee or employees causing the injury, damage, or loss, if known; and (f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount need be included in the claim. However, the claim shall indicate whether it would be a limited jurisdiction civil case. The claim shall be signed by the claimant or by some person on his or her behalf, except that claims against the City and County for supplies, equipment or services need not be signed by the claimant or on his or her behalf if presented on a billhead or invoice regularly used in conduct of the business of the claimant. A claim may be amended as set forth in Section 910.6 (a) of Government Code of the State of California. (Amended by Ord. 303-63, App. 12/9/63; Ord. 314-00, File No. 001909, App. 12/28/2000)

A claim relating to a cause of action for death or injury to person or to personal property or growing crops shall be presented not later than the six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. For the purpose of computing the time limit prescribed by this Section, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to the City and County before an action could be commenced thereon. (Amended by Ord. 303-63, App. 12/9/63; Ord. 467-97, App. 12/23/97)

A claim shall be presented to the City and County (1) by delivering it to the Clerk of the Board of Supervisors or Controller of the City and County, or (2) by mailing the claim to the Clerk of the Board of Supervisors or the Controller of the City and County or to the Board of Supervisors at its principal office not later than the last day of the period specified in Section 10.20-3. If a claim is presented by mail, it shall be deposited in a United States post office, or a mailbox, sub-post office, substation, or mail chute, or other like facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with postage paid. The claim shall be deemed to have been presented and received at the time of deposit. Proof of mailing may be made in the manner prescribed by Section 10.13a of the Code of Civil Procedure. A claim shall be deemed to have been presented in compliance with this Section even though it is not delivered or mailed as provided in this Section if it is actually received by the Clerk of the Board of Supervisors or the Controller of the City and County within the time prescribed for presentation thereof. (Amended by Ord. 303-63, App. 12/9/63)

(a) All claims, regardless of how presented, shall be forwarded to the Controller and entered in the claim register by him or her. After entering a claim in the claim register, the Controller shall forthwith forward it to the City Attorney, excepting therefrom those claims which are subject to Section 10.20-6 of this Article. (b) The City Attorney shall review all claims forwarded to him or her to determine if they substantially comply with the requirements of Sections 910 and 910.2 of Government Code. Within 20 days after the claim is presented the City Attorney shall give written notice of

its insufficiency, stating with particularity, the defects or omissions therein; provided further, that the City Attorney shall forthwith upon receipt of a claim request an investigation by the department which has jurisdiction over the matter or property giving rise to the claim. The department shall submit a report with respect to the circumstances of the claim and its recommendation thereon within 30 days to the City Attorney. (c) Pursuant to Section 935.4 of Government Code, the City Attorney is hereby authorized to reject any and all claims forwarded to him or her by the Controller. He or she shall notify the claimant of such rejection, indicating whether the rejection is by operation of law or otherwise. Further action by the City Attorney in connection with a claim shall be governed by the provisions of Sections 10.21 and 10.22 of the San Francisco Administrative Code. The City Attorney is authorized to extend, by agreement with the claimant, the time within which the City Attorney may consider a claim for purposes of payment or compromise under Sections 10.21 and 10.22. (Amended by Ord. 303-63, App. 12/9/63)

Pursuant to Sections 935.2 and 935.4 of Government Code, State of California, and Section B3.585 of the Charter of the City and County of San Francisco, the Port Commission is hereby authorized to perform all functions of the Board of Supervisors under Part III of Division 3.6 of Title I of Government Code, State of California, relative to claims arising out of or in connection with any matter or property under its jurisdiction; provided, however, that applications for leave to present late claims pursuant to Section 10.20-7 of the San Francisco Administrative Code and Section 911.4 of Government Code, State of California, may be acted upon by the Port Commission, its chief executive officer or a duly designated employee thereof. In carrying out these functions, the Port Commission may authorize, within prescribed limits, designated officers or employees to extend by agreement with the claimant the time within which the claim may be considered for allowance or compromise and settlement. (Amended by Ord. 513-78, App. 11/22/78; Ord. 314-00, File No. 001909, App. 12/28/2000)

(a) An application for leave to present a late claim shall be made in the manner prescribed in Section 10.20-4 for the presentment of a claim within a reasonable time not to exceed one year after the accrual of the cause of action. The application shall state the reason for the delay in presenting the claim and the proposed claim shall be attached thereto; (b) Subject to Section 10.20-6, the application shall be forwarded to the City Attorney, who is hereby authorized, pursuant to Government Code Section 935.4, to perform the functions of the Board of Supervisors prescribed by Government Code, State of California, Section 911.4, with respect to said application. The City Attorney shall give notice in writing to the applicant of the action taken upon such application; (c) An application for leave to present a late claim which is subject to Section 10.20-6 shall be forwarded to the Port Commission for action pursuant to Sections 911.4 and 911.8 of Government Code, State of California. (Amended by Ord. 487-78, App. 11/3/78; Ord. 314-00, File No. 001909, App. 12/28/2000)

(a) All requests by claimants for waiver of the statute of limitations by the Board of Supervisors shall be in writing and shall be filed with the Controller. (b) Every claimant requesting such waiver shall pay a fee to the Controller in an amount to be established as hereafter provided. (c) The Board of Supervisors shall determine and fix by resolution the fee to be paid by claimants requesting such waiver. Fees so fixed shall remain effective until new fees are established as hereafter provided. Annually, on or before the fifteenth day of May of each year, the Controller shall determine and report to the Board of Supervisors an estimate of the costs to be incurred by departments, boards and commissions of the City and County, including the cost of publication of any ordinance or resolution in the official newspaper, in processing said requests for the ensuing fiscal year. The Board of Supervisors may thereupon by resolution revise the amount of the fee heretofore fixed. All fees collected and retained pursuant to the terms of this Section shall be applied in defraying the costs of processing said requests.

(d) Upon the denial of any such request, the claimant shall be entitled to a refund of any fee paid pursuant to this Section upon application to the Controller. (Added by Ord. 61-69, App. 2/17/69; amended by Ord. 314-00, File No. 001909, App. 12/28/2000) Sec. 10.20-9. (Added by Ord. 67-90, App. 2/22/90; amended by Ord. 392-97, App. 10/17/97; amended and renumbered as Sec. 10.21 by Ord. 314-00, File No. 001909, App. 12/28/2000)

PRIOR TO THEIR PRESENTMENT AS CLAIMS. The City Attorney or staff member of the Office of the City Attorney designated by the City Attorney may adjust, pay and settle any claim, judgment (together with allowable costs as approved by the court) or demand made prior to its presentment as a claim where the amount of the adjustment or settlement does not exceed $25,000. (Formerly Sec. 10.20-9; added by Ord. 67-90, App. 2/22/90; amended by Ord. 392-97, App. 10/17/97; amended and renumbered by Ord. 314-00, File No. 001909, App. 12/28/2000. Former Sec. 10.21 was repealed by Ord. 314-00)

Whenever any claim in favor of the City and County shall arise against any person, it shall be the duty of the department head or of the board or commission concerned by the claim to forthwith file a written notice thereof with the City Attorney and the Controller, which notice shall set forth generally the amount and nature of the claim and the name and address of the person against whom the claim is made. (Ord. No. 8346(1939), Sec. 3)

(a) Claim Under $25,000.00, Not Litigated. Any claim in favor of the City and County of San Francisco which does not exceed in amount the sum of $25,000.00; and is not the subject of litigation may be settled and compromised on the written recommendations of the department head, or of the board or commission in charge of the department in favor of which such claim is made, and the City Attorney. (b) Claim Over $25,000.00, Not Litigated. If the claim exceeds in amount the sum of $25,000; and is not the subject of litigation, the same may be settled and compromised only on the written recommendations of the department head, or the board or commission, and the City Attorney, and the approval of the Board of Supervisors by resolution. (c) Litigated Claim Under $25,000.00. Any litigated claim in favor of the City and County in which the total claim does not exceed in amount the sum of $25,000.00; may be settled and compromised by the City Attorney upon written recommendation of the head of the department in favor of which such claim is made, subject to the written approval of the Mayor or the Mayor’s designee with respect to the departments under the Mayor’s jurisdiction (provided that the designee is not department head of the department concerned), and subject to the approval by resolution of the board or commission having jurisdiction over such department in other cases. (Amended by Ord. 103-86, App. 3/28/86; Ord. 278-96, App. 7/3/96; Ord. 392-97, App. 10/17/97; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020)

Any and all money received by any officer, board or commission in the settlement or adjustment of any claim in favor of the City and County shall be forthwith deposited in the treasury of the City and County by the officer, board or commission receiving the same. (Ord. No. 8346(1939), Sec. 4)

AND COUNTY. Whenever the City Attorney shall commence an action on behalf of the City and County, or any officer or board thereof, against the Controller, in his or her official capacity, with respect to disputed provisions of the law, the Controller may contract for special counsel out of such funds as may be appropriated or set aside for the purpose of the Board of Supervisors. (Ord. No. 8346(1939), Sec. 7)

The Chief of Police, subject to the approval of the office of the Controller, is hereby authorized and directed to calculate, in accordance with the standards established by Government Code Section 53156, the expense of an emergency response by affected departments of the City and County of San Francisco, and to undertake such efforts as are necessary and reasonable to collect such expense from the person or persons liable therefor. Outstanding debts shall be collected by the Bureau of Delinquent Revenue Collections in accordance with Sections 10.37 through 10.39 of this Code. (Added by Ord. 496-88, App. 11/15/88)

Subject to the fiscal and accounting procedures of the Charter, officers and employees shall be allowed traveling and incidental expenses and compensation for the use of privately owned automobiles in connection with official routine duty or service for or on account of the City and County as provided by this Article. When funds have been appropriated for such purpose, each elective officer in charge of an administrative office, the Controller, the Mayor or the Mayor’s designee and each board or commission may authorize officers and employees within their respective jurisdictions to use privately owned automobiles in connection with any official routine duty or service and to be compensated for such use, on the basis of the actual number of miles traveled, at rates to be established by the Controller. If the Mayor designates a City employee or officer to authorize the use of privately owned automobiles under this Section 10.28-1, the Mayor’s designee may not be the officer or employee using the authorized automobile. (Ord. No. 4538(1939), Sec. 1; amended by Ord. 296-00, File No. 001802, App. 12/22/2000; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020)