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C
ITY AND
C
OUNTY OF
S
AN
F
RANCISCO
O
FFICE OF THE
C
ITY
A
TTORNEY
 
D
ENNIS
J. H
ERRERA
 City Attorney
D
IRECT
D
IAL
: (415) 554-4748E-M
AIL
tara.collins@sfgov.org
MEMORANDUM
C
ITY
H
ALL
, R
OOM
234
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1 D
R
. C
ARLTON
B. G
OODLETT
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LACE
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S
AN
F
RANCISCO
, C
ALIFORNIA
94102-4682R
ECEPTION
: (415) 554-4700
·
 
F
ACSIMILE
: (415) 554-4715
TO: Mayor Gavin NewsomBoard of SupervisorsController Edward HarringtonFROM: Dennis J. HerreraCity AttorneyJesse Capin SmithChief AssistantDATE: February 8, 2006
 
RE: Updated City Attorney Financial Recovery And Savings ReportThe City Attorney's Office defends San Francisco against lawsuits in which millions of  public dollars are at stake. We also manage a nationally recognized affirmative litigation program, where the Office prosecutes lawsuits on behalf of San Francisco and the people of theState. These legal actions often result in substantial net monetary recoveries for Citydepartments and for the General Fund, in addition to achieving industry reforms and promoting public integrity. This Office also provides training and day-to-day counsel to the City'sdepartments, boards, commissions and officials on a wide range of legal matters. Through itstraining and general advice functions, the Office reduces the City's exposure to risk of loss,assists the City in recovering monies owed to it, helps the City realize a greater return on itsassets, and safeguards the City's financial interests in contracts.Particularly in these lean budgetary times, we remain focused on helping protect – andimprove – the City’s fiscal condition in three principal ways: by effectively devoting resources todefending lawsuits where the City has significant financial exposure; by prosecuting cases inwhich the City has the opportunity to recover money damages and civil penalties; and by helpingminimize the City's exposure to potential liability through counsel and training. In recent years,the efforts of the top-flight attorneys and staff who make up this Office have resulted in hundredsof millions of dollars in net savings and recoveries for San Francisco.
Effectively Devoting Resources to Defend Lawsuits
Our deputies represent the City in about 7,500 actions annually, ranging from personalinjury and property damage to breach of contract. Early on, we carefully evaluate the merits of every case that is filed against the City. Where the City is not at fault, we vigorously defend thecases. When it appears that the City may be liable, we attempt to resolve cases throughsettlement to reach a fair result, before the parties need to incur significant legal fees. We have
 
C
ITY AND
C
OUNTY OF
S
AN
F
RANCISCO
O
FFICE OF THE
C
ITY
A
TTORNEY
 
Memorandum
TO: Mayor Gavin NewsomBoard of SupervisorsController Edward HarringtonDATE: February 8, 2006PAGE: 2RE: Updated City Attorney Financial Recovery And Savings Report
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developed cost-effective strategies to allocate resources to the cases we defend on behalf of theCity, and we are able to handle almost all of those cases with our in-house expertise. Whereappropriate, the Office also has programs to leverage pro bono assistance from the private bar. Arecent example of such assistance is the marriage equality case.
Prosecuting Cases to Recover Revenues
As you know, as part of the City Attorney's public integrity initiative we have filed anumber of false claims and unfair business practices lawsuits relating to public contracting withthe City, as well as the San Francisco Unified School District. We have had a number of successes in these cases over the years. While these actions are often costly and difficult to pursue, we expect that San Francisco will recover substantial sums in the coming years fromthese actions. In addition, these actions often generate non-monetary public benefits for the City by protecting the integrity of the City contracting process and related City ordinances, and inmany instances by reforming industry practices and otherwise improving the quality of life for San Franciscans.During Fiscal Year 2002-2003 we began the Revenue Collection Task Force to assistdepartments in the collection of monies owed San Francisco from various sources, includingfines, penalties, taxes, reimbursements for damage to City vehicles and property and workers'compensation subrogation. We added the Police Department, Fire Department and Departmentof Parking and Traffic to our program, which already includes work for Muni, the Department of Public Works, the Department of Building Inspection and the Public Utilities Commission. OnDecember 6, 2005, the Board of Supervisors passed Ordinance No. 0277-05, which requires allCity departments to report to the Board the amount of any damage to City property, the amountsrecovered by the department and the number of claims for revenue recovery sent to our Officefor recovery. We hope to add other departments to our program and expect to work withdepartments to intensify revenue collection efforts.In sum, for the first two quarters of this Fiscal Year – and the first portion of the thirdquarter covered by this report – we have helped the City obtain awards and cash recoveriesthrough our various initiatives of many millions of dollars and we have saved the City manymillions more. Cash recoveries and awards for the City include the following (individual major cases are highlighted in Part I of this memorandum below):
o
Under our Affirmative Litigation Program, we have obtained cash recoveries and judgments totaling over $1,000,000, and tangible benefits for San Francisco andits taxpayers of millions more.
 
C
ITY AND
C
OUNTY OF
S
AN
F
RANCISCO
O
FFICE OF THE
C
ITY
A
TTORNEY
 
Memorandum
TO: Mayor Gavin NewsomBoard of SupervisorsController Edward HarringtonDATE: February 8, 2006PAGE: 3RE: Updated City Attorney Financial Recovery And Savings Report
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o
As part of our ongoing code enforcement efforts, we have helped the City collectover $1,500,000.
o
As a result of this Office's Revenue Recovery Program, we have collected over $459,460. This figure is the sum of recoveries of relatively small amounts fromabout 340 different collection actions.
o
We have received over $186,500 in bail bond collections as of the end of thisquarter.
o
As of December 31, 2005 cash receipts for reimbursement of worker'scompensation benefits paid as a result of accidents with third parties totals$447,512.
 
Recovery for credit rights totals another $222,619. (These are rightsthat the City has to be relieved of its obligation to pay further employee worker compensation benefits to the extent the employee receives a net recovery becauseof a settlement or payment of a judgment.) The subrogation claims that havesettled and are awaiting department approval or receipt of funds total anadditional $172,339, and the recovery related to property damage associated withthe subrogation claims is an additional $9,594.
Safeguarding the City Against Potential Liability through Counsel and Training
We have implemented risk management and revenue recovery programs that areworking, having yielded extensive net additional savings and payments for the City, and thatcould generate more savings and recoveries in the future. On the risk management side, the CityAttorney's Office has established a program to provide departments with quantitative informationregarding the number, nature and dollar value of claims and litigation against the City. Wegenerate risk management reports regularly and share these reports with department heads andthe City's Risk Manager. We also meet regularly with each department to analyze trends andidentify remedies.In addition to the risk management reports, the Office develops and conducts a variety of training programs for the City's boards, commissions, departments and officials in an effort tohelp avert potential liability. We address matters such as the Sunshine Ordinance, conflict of interest and other ethics laws, preventing discrimination and sexual harassment in the workplace,conflict resolution, and accommodating the public and employees with disabilities.We publish an annual update of the
Good Government Guide
, which includes anoverview of the major laws governing the conduct of City employees and officials, violation of 
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