(a) There is hereby established a Self-Insurance Board of Control, consisting of the Mayor, who shall serve as Chairperson, the Director of Finance, the Chairperson of the Finance Committee of Council or his or her designee, and the Director of Law. The Board shall establish rules, regulations and procedures for payment of claims.
(Ord. 149-1988. Passed 6-20-88.)
(b) The Mayor, upon written recommendation of the Director of Law, is authorized to adjust and settle any claims covered by the self-insurance program created by this chapter where the amount to be disbursed pursuant to the claim does not exceed three thousand, five hundred dollars ($3,500), exclusive of administrative costs.
(c) Where the amount to be disbursed pursuant to a claim covered by the self-insurance program created by this chapter exceeds three thousand, five hundred dollars ($3,500) but does not exceed ten thousand dollars ($10,000), such claim may be adjusted and settled by the Board, provided the majority of members thereof concur.
(Ord. 24-1999. Passed 2-1-99.)
(d) In the case of all claims by or against the City, whether pending in any court, State or Federal, or asserted prior to the commencement of actual litigation, whether covered by the self-insurance program established by this chapter or otherwise, the Law Director is hereby authorized to enter into settlement of any such claim withoutthe prior approval of Council where the amount to be disbursed or received by the City does not exceed one hundred thousand dollars ($100,000.00) and (if to be disbursed) the City's Self-Insurance Fund contains sufficient funds to pay the entire settlement amount. Notwithstanding the above, the discretionary authority granted to the Law Director by this section expressly does not apply to any claim for non-monetary relief, including but not limited to injunctive relief or relief which would alter or affect the zoning of any parcel or parcels within the City in any way, which claims may only be settled on terms approved in advance by ordinance adopted by a majority of the members of Council casting a minimum of five affirmative votes.
(Ord. 89-1989. Passed 4-17-89.)
(e) As to settlement of any such claim by or against the City, the amount of which shall exceed one hundred thousand dollars ($100,000.00), or for funds in which the City's Self-Insurance Fund at such time shall be insufficient to pay such claim in full, or which shall include any claim for non-monetary relief, including but not limited to injunctive relief or any claim which would affect the zoning of any parcel or parcels within the City in any way, the Law Director shall obtain the prior approval of Council by ordinance adopted by a majority of Council casting a minimum of five affirmative votes. To maintain confidentiality, any such ordinance in advance of pending settlement negotiations may be considered in executive session and may grant authority to the Law Director to affect a settlement within the parameters of a minimum or maximum amount, as the case may be, or within the parameters of such other terms and conditions in a specific case as shall be directed by Council in such ordinance.
(f) When called upon by the President of City Council from time to time, the Law Director shall meet in executive session with members of Council to report upon the status of any and all claims asserted by or against the City, regardless of the amount or the subject matter thereof, and without limitation or restriction shall supply all available information concerning such claims, and respond in the spirit of full disclosure required by this section, to any question or request for further information by any member of Council.
(g) No outside legal counsel shall be retained to represent or advise the City in connection with any matter whatsoever unless sufficient funds are available in the outside-counsel line item of the various budgets. Use of outside counsel that will be anticipated to exceed the budgeted amounts shall be promptly presented to Council and a budget amendment requested.
(Ord. 211-1988. Passed 9-19-88; Ord. 186-2005. Passed 12-19-05.)