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)

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)