As provided in Section 935.4 of the Government Code of California, the city attorney is designated to perform the functions of the city council relative to claims and actions against the city or any of its officers or employees under the provisions of Division 3.6 of the Government Code, as follows:
(a) Where the city has insured itself against liability for the claimed injury, the city attorney shall forward to the insurance carrier without prior council approval a written recommendation as to acceptance, settlement, or rejection of such claim, provided that the amount of any recommended allowance, compromise or settlement does not exceed $35,000.00;
(b) Where the city is uninsured, the city attorney shall be authorized to accept, settle or reject without prior approval of the council, claims against the city, provided that no allowance, compromise or settlement shall exceed $35,000.00. Upon the written order from the city attorney, the director of administrative services shall cause to be issued a warrant upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled;
(c) The city attorney is further authorized to compromise or settle, without prior approval of the council, except on a matter of policy, any actions which the city is either plaintiff or defendant and which are not covered by insurance, provided that the amount of such compromise or settlement shall not exceed $35,000.00;
(d) The city attorney shall make biannual reports to the council on action taken on claims and actions against the city;
(e) A recommendation under subsection (a) above shall constitute "action" upon such claim within the meaning of Government Code Section 945.4.
(Ord. 5023 § 2, 2008: Ord. 4274 § 2 (part), 1995)