135.01 LIMITS OF CITY LIABILITY.

   (a)   For purposes of this section, the following definitions shall apply:

      (1)   "Action in Tort" means claims, demands, actions, of suits based upon negligence, errors and omissions, nuisance, malpractice, intentional tort, products' liability, strict liability, and includes, but is not limited to the following theories: false arrest, false imprisonment, wrongful eviction, wrongful detention, malicious prosecution, discrimination, humiliation, invasion of privacy, libel, slander, defamation of character, false light, piracy and infringement of copyright or of property, erroneous service of civil or criminal papers, violation of civil rights, assault and battery, disparagement of property, inverse condemnation, and also includes, but is not limited to, claims, demands, actions or suits, wherein the injuries include property damage, bodily injury, mental injury, mental anguish, emotional distress, shock, sickness, disease, disability, loss of wages, and loss of earning capacity, and also includes wrongful death and survival-type actions.

      (2)   "Occurrence" means an accident or happening of event or a continuous or repeated exposure to conditions which results in personal injury, or damage to property. All such exposure to substantially the same general conditions existing at or emanating from one location shall be deemed one occurrence.

      (3)   "Public employee" means any employee, officer, official, whether elected or appointed, including any judicial officer, Clerk of Court or employee thereof, and any paid or unpaid employee, representative or agent of the City, whether or not identifiable by name.

      (4)   "Non-statutory basis" means based upon case-made law.

      (5)   "Statutory basis" means based upon any enacted law, whether State, federal, or municipal, whether or not the law is expressed as a statute, ordinance, code, rule, regulation or directive.

   (b)   All actions in tort against public employees, while acting in the scope of their authority, and the City for death, personal injury or property damage shall be subject to the provisions of this section. All statutory and nonstatutory law, substantive or procedural, concerning claims against the City or public employee shall continue with full force and effect except as otherwise provided by this section. In the event any provisions of this section shall be determined to be unconstitutional, ultra vires or otherwise unenforceable as a matter of law, the remaining provisions shall to the extent possible continue with full force and effect.

   (c)   Subject to the limitations imposed by this section, the payments of claims and judgment, approved for payment, where the City or a public employee is or may be liable, shall be limited to available, unencumbered funds that have been specifically appropriated on an annual basis for payment of claims and judgments. Partial payments of claims or judgments may be made over successive years from funds subsequently appropriated. Priority of payment of carried over claims shall be given based on the date of the occurrence giving rise to liability. Priority of payment of carry-over judgments shall be given to the filing date of the judgment.

   (d)   The Director of Public Service and Safety shall annually submit to the Council a recommended appropriation for payment of claims and judgments. In making such recommendation, the following non-exclusive information may be considered:

      (1)   The past judgments and claims payments by the City;

      (2)   The monetary risk of all litigation against the City;

      (3)   The reasonable value of known unasserted claims and litigation;

      (4)   Necessary reserves to promote financial stability of the City;

      (5)   Priorities of City service delivery;

      (6)   Projected expansion or contraction of City income;

      (7)   Comparative data relative to payment of claims and judgments of the eight most populous cities of the State of Ohio;

      (8)   Unsatisfied judgments and claims approved for payment in previous years;

      (9)   Overall financial stability of the City.

   (e)   The amount of damages recoverable against the City and any public employee for death, personal injury or property damage arising out of a single occurrence, or sequence of occurrences shall be limited as follows:

      (1)   When the City or public employee has insurance coverage for an occurrence or sequence of occurrences, payment of claims and judgments in which the City or a public employee is or may be liable and obligated to pay may be made to the extent insurance proceeds or insurance indemnification is available and payable, in addition to any deductibles or self-insurance retention required by applicable insurance contracts.

      (2)   When the City or public employee has no insurance coverage relative to an occurrence or sequence of occurrences, the extent to which the City and public employee are obligated to pay damages shall be as follows:

         A.   When the City and public employee is or may be jointly or severably liable for actions in tort under Ohio R.C. 723.01, 701.02, or other statute, or combination of statutory and non-statutory bases, a sum not in excess of two hundred fifty thousand dollars ($250,000) per person and five hundred thousand dollars ($500,000) per occurrence, provided unencumbered funds are available and have been appropriated for such payment;

         B.   When the City or public employee is or may be, jointly or severably, liable for actions in tort based solely on an non-statutory basis, a sum not in excess of two hundred fifty thousand dollars ($250,000) per person and five hundred thousand dollars ($500,00) per occurrence, provided unencumbered funds are available and have been appropriated for such payment;

         C.   The aggregate liability of the City for a single accident or occurrence or sequence of accidents or occurrences, shall be apportioned equitably among all claimants and judgment holders therefor.

   (f)   This section shall not be construed to prevent Council from authorizing the purchase of liability insurance for the City and public employees as named insureds and persons insured, or to authorize payment of any agreed deductibles, self-insurance retention or amounts subject to indemnification required by the applicable insurance contracts.

   (g)   Regarding any occurrence in which the City or public employee is or may be liable, the City shall not pay, nor be obligated to pay any amount for punitive or exemplary damages whatsoever.

   (h)   Nothing in this section shall be construed to abrogate or restrict any immunity or right of indemnification of the City or public employee, whether by insurance or otherwise, or to confer a right or action upon any person against the City or public employee, nor shall anything in such sections be construed to impose liability on the City or public employee for any negligent or wrongful act or omission.

   (i)   The limitations set forth in this section shall apply to all occurrences prior to the effective date of this section which occurrences may give right to a claim, demand, action or suit made or filed after the effective date of this section.

   (j)   The limitations set forth in this section shall also apply to all occurrences which give rise to actions in tort after the effective date of this section.

(Ord. 85-27. Passed 5-21-85.)