(a) Definitions. As used in this section, unless the context clearly indicates or requires a different meaning:
(1) "Claimant" means the person seeking compensation.
(2) "Damage claim" means a request for compensation from the City Treasury by a claimant who alleges in his or her claim that he or she has suffered damage to his or her person or property as a result of the act or omission of the City or its officers or agents, for which he or she believes the City is legally responsible.
(3) "Moral claim" means the request for payment from the City Treasury by an individual who requests compensation for damage from the City for harm suffered, although the City is not legally responsible for the harm.
(b) Presentation of Claims. Any person who believes that he or she has suffered harm as a result of an act or omission of the City or its officers or agents, or who believes that he or she should be compensated by the City for a harm he or she has suffered, shall present, in writing, a full account of the facts and circumstances that give rise to the claim, list any individuals who might have first-hand knowledge of these facts and circumstances and present copies of any documents that might support the claim, together with the name, address and telephone number of the claimant to the Department of Law.
(c) Investigation of Claims.
(1) The principal officer of the department and/or division to which a claim file has been referred shall add to the file any information the department and/or division or its officers and employees may have regarding the claim and shall forward the file to the Department of Law.
(2) The Law Director or his or her assistant shall conduct an investigation into the legal merits of the claim and form a recommendation for the disposition of the claim. (Ord. 3890. Passed 2-5-80; Ord. 3907. Passed 3-4-80.)
(d) Disposition of Claims; Settlements.
(1) All claims in excess of five hundred dollars ($500.00), shall be reported to Council in executive session.
(2) Settlements requiring the payment of more than two thousand five hundred dollars ($2,500.00) from the City Treasury, authorized by Ordinance.
(3) The Law Director is authorized to settle damage claims without express legislative authorization where:
A. His or her professional judgment on the substantive, evidentiary and procedural issues and other practical considerations affecting the claim indicates that it would be in the best interest of the City to reach a negotiated settlement;
B. The settlement does not require the payment of more than two thousand five hundred dollars ($2,500.00) from the City Treasury and is approved by a majority vote of the Board of Control documented in the Board minutes; and
C. There are funds available in the Department account expressly established for this purpose. (Ord. 7116. Passed 1-19-10.)
(e) Moral Claims; Settlements. Where the City is not legally responsible for the damage on which a claimant bases his or her request for payment, or where it is unlikely that the liability of the City could be established, but the interests of justice might nevertheless be better served by the award of some compensation at the public expense, Council shall direct the payment of that award by legislation of record. No officer or employee of the City has the power to represent or in any way bind the City for the award of a moral claim.
(f) Payment of Claims. Payment of claims shall be from funds and accounts designated for that purpose. Payment will be made upon the execution of a general release by the claimant.
(Ord. 3890. Passed 2-5-80; Ord. 3907. Passed 3-4-80.)