(a) Establishment and Members. There is hereby created a Moral Claims Commission consisting of the members of the duly appointed Finance Committee.
(b) The Chairman of the Finance Committee shall serve as Chairman of the Moral Claims Commission.
(c) Duties of Commission.
(1) All claims arising from injury or damage from alleged acts of the Village in its governmental capacity, or which arise from circumstances wherein but for the interposition of some defense peculiar to municipal corporations the Village would otherwise be liable at law, or which arise from facts under which the Village has the right and obligation in good conscience to pay for such injury or damage, shall be referred first to the Law Department for investigation.
(2) All claims filed with the Law Department shall be properly designated either by number or short title or both. All such claims shall be carefully investigated by the Law Department. The Law Department shall have authority to reject or deny claims when there is evidence of negligence on the part of the claimant. The Law Director shall make monthly reports to the Finance Committee listing all claims including the name of the claimant, date of incident giving rise to the claim, brief summary of claim, and disposition. All claims not denied or rejected by the Law Department shall be referred for hearing before the Moral Claims Commission. All decisions of the Law Department and/or Moral Claims Commission are final and not subject to appeal, nor shall the claimant be permitted to re-submit any such claim in the future for reconsideration.
(3) The Chairman of the Commission shall, for the purposes of this chapter, have the power to administer oaths, compel attendance of witnesses and production of books and papers under the penalty provided in Article XVIII (d) of the Charter. After such investigation, the Commission shall either approve, with or without conditions or limitations, or disapprove such a claim.
(4) Original papers relating to claims shall be filed in the office of the Director of Law and shall be preserved for not less than four (4) years.
(5) The Law Director shall cause to be prepared and introduced into Council Ordinances setting forth moral claims allowed by the Commission. Each such ordinance shall set forth the number of each claim, the general subject of the claim and the fund from which payment is to be made.
(6) The Director of Finance shall certify that funds are available for the payments contemplated by each such ordinance. After the recommendation for approval of the claim by the Finance Committee, Council shall proceed to pass such ordinance as introduced or as it may be amended.
(d) Award Determined by Commission. The Moral Claims Commission may fix an award for the payment of a claim. Such award shall be fixed in the discretion of the Commission as a matter of grace and not as a matter of right.
(e) Assignment of Reimbursement to Village. Before any payment is made, the claimant shall execute and deliver an assignment to the Village in such form as approved by the Director of Law agreeing to reimburse the amount of the payment to the Village any sum of money obtained by the claimant arising out of the occurrence entitling the claimant to the payment, whether by judgment, settlement or otherwise against anyone legally responsible for the damage. (Ord. 2020-20. Passed 3-18-20.)