(A) Risk Manager's authority.
(1) The Risk Manager shall have the sole authority to settle any liability claim on which suit has not been filed and any workers' compensation claim on which a petition for benefits has not been filed, up to $10,000.
(2) The Risk Manager may settle any liability claim on which suit has not been filed and any workers' compensation claim on which a petition for benefits has not been filed, from $10,000.01 to $20,000.00 with prior written approval from the City Attorney only.
(3) The Risk Manager may settle any liability claim on which suit has not been filed and any workers' compensation claim on which a petition for benefits has not been filed, from $20,000.01 to $25,000.00 with the prior written approvals from both the City Attorney and the City Manager only.
(4) The Risk Manager may settle any liability claim on which suit has not been filed and any workers' compensation claim on which a petition for benefits has not been filed, in excess of $25,000 with the prior written approvals from the City Attorney, the City Manager and the City Commission.
(5) Once suit is filed on a claim or a petition for benefits is filed on a workers' compensation claim, the Risk Manager shall have no authority to settle that claim.
(B) City Attorney's authority.
(1) In defending claims brought against the city, the City Attorney shall have the sole authority to settle any lawsuit and any, workers' compensation claim on which a petition for benefits has been filed, up to $25,000 with prior written notice to the City Manager.
(2) In defending claims brought against the city, the City Attorney may settle any lawsuit and any workers' compensation claim on which a petition for benefits has been filed, from $25,000.01 to $50,000.00 with prior written approval from the City Manager and prior written notice to the Commission and time to make any necessary inquiries at the next succeeding Commission meeting.
(3) In defending claims brought against the city, the City Attorney may settle any lawsuit and any workers' compensation claim on which a petition for benefits has been filed, in excess of $50,000, only after notice to the City Manager and the Commission, and only upon prior approval and authorization from the Commission.
(4) As provided in the Charter, the City Attorney shall seek Commission approval before filing claims, excluding counterclaims and crossclaims, on behalf of or in the name of the city. With respect to all such claims, the City Attorney is authorized to:
(a) File all pleadings deemed necessary and proper for the prosecution of any such claim;
(b) Settle, adjust, compromise or otherwise dispose of any such claim, either before or after suit is filed, where the total amount being forgiven is not in excess of $10,000:
(c) Settle, adjust, compromise or otherwise dispose of any such claim with the concurrence of the City Manager, either before or after suit is filed, where the total amount being forgiven is in excess of $10,000 but not in excess of $25,000; and
(d) Undertake investigation, fact finding or discovery for the purpose of settlement, compromise or furtherance of litigation.
(5) The City Attorney shall direct the Risk Manager to cause payment from the Self-Insurance Fund of any settled investigative claim or lawsuit, including litigated workers' compensation claims, after the required respective approval has been obtained.
(‘72 Code, § 2-179) (Ord. O-89-42, passed 7-19-89; Am. Ord. O-91-47, passed 7-24-91; Am. Ord. O-2005-25, passed 11-2-05)