SEC. 10.19-5. QUARTERLY REPORT ON DEPARTMENTAL SPENDING.

   Not later than eight weeks after the end of each of the first three quarters of the fiscal year, all City departments shall submit a report to the Board of Supervisors identifying any areas, by appropriations item, where the department's rate of spending, if continued for the rest of the fiscal year, would exceed the total appropriation for the fiscal year for that item. The Budget Analyst shall review all reports submitted by a department pursuant to this section.

(Added by Ord. 198-05, File No. 051135, App. 7/29/2005)

SEC. 10.20. BUDGET SAVINGS INCENTIVE FUND

   (a)   Establishment and Purpose of Budget Savings Incentive Fund. The Budget Savings Incentive Fund (“the Fund”) is hereby established as a category eight fund for the purpose of encouraging City departments to implement cost-saving strategies and to allow for the reinvestment of those savings in one-time expenditures. Disbursements from the Fund shall be made only to those departments that generated net year-end expenditure savings at the close of the most recent prior fiscal year, as certified by the Controller, and only for the purpose of supporting one-time costs, including but not limited to expenditures that improve the efficiency of departmental operations, reduce the cost of service delivery, generate additional revenue, or meet deferred maintenance needs.

   (b)   Funding of Budget Savings Incentive Fund. It shall be the policy of the City and County of San Francisco that the Fund will be annually funded and available by November 1 of each year. At the end of each fiscal year, up to 25% of the total appropriation closed to General Fund balance by General Fund departments and the Department of Public Health’s hospital funds shall be appropriated into the Fund (the “carry forward amount”) and placed on Controller’s reserve. The Controller may suspend the carry forward amount in years when the Controller determines that the City’s financial condition cannot support deposits into the Fund.

   (c)   Request and Approval of Appropriation. Any department funded in whole or in part from the General Fund may submit a request in writing to the Controller’s Office for a disbursement from the Fund. Requests shall be reviewed and recommended for funding by a working group comprised of the Mayor’s Budget Director, the City Controller, and the President of the Board of Supervisors, or their designees. Recommendations of the working group shall be submitted to the Board of Supervisors, and the Board may appropriate monies from the Fund by ordinance. The Controller shall not release the reserve on monies deposited to the Fund until the City has finally enacted such an ordinance.

   (d)   Upon approval of funding requests, the Controller shall have the authority to administratively transfer appropriations from the Fund to the department(s) for which requests were approved.

(Added by Ord. 210-06, File No. 060768, App. 8/2/2006; Ord. 150-09, File No. 090723, App. 7/10/2009; amended by Ord. 181-20, File No. 200845, App. 10/1/2020, Eff. 11/1/2020)

Editor’s Note:

   Former subsection 10.20(e), authorizing use of funds for COVID-19 response purposes during FY2020-2021 and FY2021-2022, expired on 7/1/2022 per the terms of its sunset clause and was removed from the Code at the direction of the Office of the City Attorney.

ARTICLE 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.

 

SEC. 10.20-1. NECESSITY FOR FILING CLAIM.

   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)

SEC. 10.20-2. PRESENTATION AND FORM OF CLAIM.

   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)

SEC. 10.20-3. TIME OF PRESENTATION OF CLAIMS.

   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)

SEC. 10.20-4. PLACE OF PRESENTATION OF CLAIM.

   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)

SEC. 10.20-5. DISPOSITION OF CLAIMS.

   (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)

SEC. 10.20-6. DISPOSITION OF CLAIMS BY COMMISSIONS.

   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)