(a) Unless otherwise provided by this Article, all claims required to be presented to the County under the provisions of Government Code Section 900, et seq. or this Article shall be presented to the County Counsel Claims Office. For purposes of Government Code Section 915 only, County Counsel is designated as a Deputy Clerk of the Board.
(b) County Counsel is authorized to allow, deny, compromise, or settle any such claim or action that is filed against the County, its officers or employees, provided:
1. The amount to be paid pursuant to such allowance, compromise or settlement of a claim does not exceed fifty thousand dollars ($50,000).
2. The amount to be paid pursuant to such allowance, compromise or settlement of an action does not exceed one-hundred thousand dollars ($100,000);
3. The claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise, or settle claims or actions within the scope of such policy; and
4. County Counsel represents the County, its officers or employees in a litigation case, or where there exists a conflict of interest, represents the County (or some of the defendant County officers or employees) in the same litigation case in which outside counsel retained by the County represents other County officers or employees.
(c) In all claims or actions that are allowed, compromised or settled, the Auditor shall, upon written direction from County Counsel, and in accordance with the terms of such allowance, compromise or settlement, cause the necessary warrant to be issued upon the treasury of the County in an amount for which such claim or action has been allowed, compromised or settled pursuant to this section.
(d) County Counsel shall provide the Board with an annual report relating to pending claims and actions.
(e) If the amount to be paid exceeds fifty thousand dollars ($50,000) for a claim or one-hundred thousand dollars ($100,000) for an action, the allowance, compromise or settlement must be approved by the Board of Supervisors.
(Added by Ord. No. 4323 (N.S.), effective 5-28-74; amended by Ord. No. 4602 (N.S.), effective 12-4-75; amended by Ord. No. 5404 (N.S.), effective 3-22-79, operative 3-23-79; repealed and new Section 159 added by Ord. No. 5710 (N.S.), effective 4-10-80; amended by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 6835 (N.S.), effective 10-18-84; amended by Ord. No. 7440 (N.S.), effective 3-3-88; amended by Ord. No. 9386 (N.S.), effective 10-25-01; amended by Ord. No. 10108 (N.S.), effective 2-10-11; amended by Ord. No. 10873 (N.S.), effective 1-4-24)
State law reference(s) -- Tort liability, Gov. Code, § 810 et seq.