159.04 MORAL CLAIMS EVALUATION PROCEDURE

   (a)    Moral Claims shall be reviewed by the Village Law Director and, if additional information is required, referred to the appropriate Village Department Head for further investigation in accordance with this Chapter.

   (b)    Within thirty (30) days of receiving the referral from the Village Law Director, the Department Head shall perform an initial investigation of the claim affording a thorough examination of the facts and evidence. The investigation shall provide an opportunity for all interested parties to present evidence in support of the claim.

   (c)    After the Department Head complete the investigation, he or she shall provide a written summary of the investigation and a recommendation to the Moral Claims Commission that the claim be denied, approved, or approved in a modified amount.

   (d)    Within thirty (30) days of receiving the written recommendation of the Department Head, the Moral Claims Commission shall hold a hearing regarding the claim. The Claimant shall be notified at least five (5) days in advance of the hearing and shall be invited to be present during consideration of the claim.

   (e)    The Moral Claims Commission may approve, reject, modify, or table a Moral Claim by majority vote. A tie vote shall be deemed a rejection of the claim. If the Moral Claims Commission approves a claim, the claim, up to a maximum of twenty-five thousand dollars ($25,000), shall be paid after approval by Village Council at the next regularly scheduled Council meeting. In such case, the Village Law Director shall present to Village Council a resolution authorizing payment of the claim in the amount approved by the Claims Commission. Such resolutions shall be considered by Village Council in a manner consistent with its powers, authority, and rules. Notwithstanding, approved Moral Claims in an amount up to one thousand dollars ($1,000) shall not require approval by the Village Council prior to payment being made to the claimant in accordance with subsection (f) below.

   (f)    Moral Claims approved pursuant to this chapter shall be paid by the Director of Finance payable to the claimant. Such payment shall be delivered to the Law Department for delivery to the claimant and/or his attorney, provided however, that no payment shall be delivered to the claimant and/or his attorney until the Law Department receives appropriate documentation satisfactory to the Village Law Director evidencing the settlement of the claim and release of the Village from liability. Until the claim approval is accepted by the claimant as provided for herein, said approval shall be considered an offer of settlement by the Village.

   (g) The Village Law Director and the Moral Claims Commission shall, after deciding each claim, return each file to the Law Department, which shall retain the same in its file for a period not less than the statute of limitations applicable to the claim.

(Ord. 2020-18. Passed 8-17-20.)