(a) Subject only to the approval or disapproval of the Mayor, who shall make client decisions with respect to settlement of such litigation, the City Attorney is authorized to settle or compromise any monetary claim or legal action initiated by the City of Los Angeles against any person, firm or corporation where the amount by which the claim or action is to be reduced does not exceed Fifty Thousand Dollars ($50,000). The Mayor may delegate approval authority over any or all such matters to the City Attorney.
(b) Subject only to the approval or disapproval of the Claims Board, which shall make client decisions with respect to settlement of such litigation, the City Attorney is authorized to settle or compromise any legal action initiated by the City of Los Angeles against any person, firm or corporation where the underlying claim or action is to be reduced by an amount exceeding Fifty Thousand Dollars ($50,000) but not exceeding One Hundred Thousand Dollars ($100,000).
(c) The Council shall have the authority to approve or reject settlements or compromises of any monetary claims by the City against any person, firm or corporation where the claim is to be reduced by an amount exceeding Fifty Thousand Dollars ($50,000) and legal actions initiated by the City against any person, firm or corporation where the underlying claim or action is to be reduced by an amount exceeding One Hundred Thousand Dollars ($100,000), all subject to veto of the Mayor and Council override of the Mayor’s veto by a two-thirds vote of the Council. The Claims Board shall make recommendations to the Council concerning the settlement of such monetary claims or legal actions initiated by the City. In addition, the Council shall have the authority to approve or reject settlements of claims or legal actions initiated by the City against any person, firm or corporation which do not involve only the receipt of money, subject to veto of the Mayor and Council override of the Mayor’s veto by a two-thirds vote of the Council. The Council shall make client decisions with respect to settlement of all such litigation.
(d) Where the claim or action involves damage to City property arising out of the ownership or operation of any vehicle, the amount to be accepted in compromise shall not be less than fifty percent (50%) of the total amount claimed by the City for such damage, exclusive of any amount for loss of use of any City vehicle, provided, however, that in such cases the City Attorney may waive any claim for loss of use. The amount so waived shall not be included in the computation of the amount by which the claim is to be reduced.
(e) The authority to settle or compromise claims or legal actions granted in this article shall include authority for the City Attorney to execute and deliver, or cause to be executed and delivered, any and all releases, covenants not to sue, dismissals, satisfactions of judgments and any other instruments in writing necessary or advisable to be executed and delivered in connection with the settlement or compromise of claims or legal actions by or against the City.
(f) The provisions of this section shall not affect the authority of the Proprietary Departments, the Ethics Commission, the Board of Fire and Police Pension Commissioners, the Board of Administration of the Los Angeles City Employees’ Retirement System, and the Board of Administration of the Water and Power Employees’ Retirement System, to approve or reject settlements of claims and litigation exclusively involving the policies and funds over which the Charter gives those boards control, as set forth in Section 273(a) of the Charter.
SECTION HISTORY
Based on Ord. No. 136,357.
Amended by: Title and Text. Ord. No. 152,159. Eff. 5-10-79; Ord. No. 157,011, Eff. 9-24-82; Subsec. (a), Ord. No. 169,312, Eff. 2-3-94; Ord. No. 173,284, Eff. 6-26-00, Oper. 7-1-00.