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)

SEC. 10.20-7. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM.

   (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)

SEC. 10.20-8. REQUESTS FOR WAIVER OF STATUTE OF LIMITATIONS.

   (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)

SEC. 10.21. ADJUSTMENT, PAYMENT AND SETTLEMENT OF CLAIMS, JUDGMENTS AND DEMANDS 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)

SEC. 10.22. ALLOWANCE OR SETTLEMENT OF UNLITIGATED CLAIMS EXCEEDING TWENTY-FIVE THOUSAND DOLLARS.

   Any unlitigated claim against the City and County in excess of $25,000 may be allowed or settled and compromised on the written recommendation of the head of the department or of the board or commission in charge of the department against which the claim is made, with the written approval of the City Attorney and the approval of the Board of Supervisors by resolution. No claim shall be paid until the Controller shall certify that monies are available from the proper funds or appropriations to pay the claim as allowed or as compromised and settled.

(Amended by Ord. 103-86, App. 3/28/86; Ord. 392-97, App. 10/17/97; amended by Ord. 314-00, File No. 001909, App. 12/28/2000)

SEC. 10.22-1. SETTLEMENT OF MINOR'S CLAIMS.

   The City Attorney may settle a minor's claim in an amount not to exceed $5,000.00 by accepting a hold harmless agreement from the minor's parent or other responsible guardian in lieu of Superior Court approval and release pursuant to Probate Code Section 3500 or any successor legislation. The Controller is authorized to make payment upon receipt of such hold harmless agreement or a copy thereof.

(Amended by Ord. 210-76, App. 6/25/76; Ord. 38-07, File No. 061439, App. 3/9/2007; Ord. 27-08, File No. 071299, App. 3/10/2008)

SEC. 10.22-2. SETTLEMENT OF LITIGATION NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS.

   Any litigated claim may be compromised and settled with the written approval of the City Attorney or a staff member of the Office of the City Attorney, designated by the City Attorney, where the amount of such compromise or settlement is not in excess of $25,000.00, provided such settlement has been approved by the head of the department which has jurisdiction over the matter. No payment by way of compromise and settlement authorized by this Section shall be made until the Controller shall certify that monies are available from the proper funds or appropriations to pay such compromise and settlement. The City Attorney shall submit, on a monthly basis, a report to each City department and commission and the Board of Supervisors listing litigation settled for an amount not in excess of $25,000.00 during that month. Said reports shall list each litigation by amount demanded, amount paid, nature of incident giving rise to the litigation and the city department involved.

(Amended by Ord. 103-86, App. 3/28/86; Ord. 140-90, App. 4/27/90; Ord. 77-91, App. 3/5/91; Ord. 392-97, App. 10/17/97; Ord. 314-00, File No. 001909, App. 12/28/2000)

SEC. 10.23. CLAIMS IN FAVOR OF CITY AND COUNTY - NOTICE TO BE FILED.

   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)

SEC. 10.24. CLAIMS IN FAVOR OF THE CITY AND COUNTY - SETTLEMENT.

   (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)

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)