(a) As used herein, "moral claim" means a claim arising from injury or damage from alleged acts of the City in its governmental capacity, or which arises from circumstances wherein but for the interposition of some defense peculiar to municipal corporations the City would otherwise be liable at law, or which arises from facts under which the City has the right and obligation in good conscience to pay for such injury or damage. "Moral claim" does not include claims made to the City after the passage of six months from the date of the injury or damage, or claims that exceed five thousand dollars ($5,000.00) arising from a single incident or occurrence.
(b) The Director of Law is hereby authorized to investigate, adjust, approve or disapprove moral claims made by any claimant arising from a single incident or occurrence in an amount not exceeding one thousand dollars ($1,000.00).
(c) Any moral claims made by any claimant arising from a single incident or occurrence in an amount exceeding one thousand dollars ($1,000.00) shall be referred to the moral claims commission established herein.
(d) A moral claims commission is hereby established and shall consist of the Director of Finance, the President of Council or designee of the President of Council, and the Director of Law, who shall serve as chairperson, all of whom shall serve without additional compensation. The Mayor shall appoint a secretary to the commission. The commission shall investigate and may hear claims, and the chairperson shall have the power to administer oaths and compel attendance of witnesses and production of records. The commission shall either approve, adjust, or disapprove such claims, and may fix a monetary award to be paid to the claimant or his, her or its legal representative.
(e) Moral claims receiving monetary awards shall be fixed in the discretion of the Director of Law under subsection (b) hereof or by the commission under subsection (c) hereof as a matter of grace and not as a matter of right. Before any payment is made, the claimant shall execute and deliver, on one or more forms approved by the Director of Law, a release favoring the City and an assignment to the City agreeing to reimburse the City any sum of money obtained by the claimant arising out of the same incident or occurrence, whether by judgment, settlement or otherwise, against anyone legally responsible for the damage, up to the amount of the monetary award made by the City.
(f) The Director of Law shall notify City Council upon the receipt and resolution of any moral claim. (Ord. 2022-8. Passed 4-11-22.)