(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Claim" means a written demand for monetary redress from the County other than through the courts, and does not include lawsuits. Any claim on which suit is filed shall thereupon cease to be a claim and shall be settled according to law, as are lawsuits generally.
(2) "Moral claim" means a claim for which the County would have a legal liability but for the fact that it has immunity and in which the factual situation is such that good conscience and pure legal logic indicate that the claim should be paid. Approval shall be based on a finding that legal liability would exist but for the County's immunity and that additional facts exist which, in good conscience, compel payment.
(b) Moral Claims Procedure.
(1) All moral claims against the County arising from injury or damage to a claimant's real or personal property from alleged acts or omissions of the County shall be referred to the Department of Sanitary Sewer Services ("DSSS") Customer Service Research Analyst.
(2) The Research Analyst shall perform an investigation of the claim affording a thorough examination of the facts and disclosure of evidence. The investigation shall afford an opportunity to all interested parties to present written evidence to DSSS concerning the incident in which such alleged moral claim arose, together with documentation evidencing the amount of damages sustained.
(3) After the Research Analyst investigates each moral claim, he shall make a recommendation that the claim be denied, approved or approved in a modified amount.
(4) The Research Analyst shall then submit the moral claim in which the amount claimed is one thousand five hundred dollars ($1,500) or less, together with supporting documentation and his recommendation thereon, to the DSSS Director and legal counsel who may accept, reject or modify the recommendation. The Director shall make a final internal decision disposing of such claims and then forward his recommendation to the Prosecutor's Office for the final decision prior to submission of the moral claim to the County Executive's Office for authorization of payment.
(5) The Prosecutor's Office may, in its discretion, perform further investigation of the moral claim.
(6) The Prosecutor's Office may accept, reject or modify the recommendation of the Director and shall make final written recommendation to the Director before submission to the County Executive for payment authorization.
(7) The Director shall submit an Executive Order to the County Executive's Office requesting authorization for payment to the claimant.
(Ord. 92-346.
Adopted
6-4-92;
Ord. 2018-236. Adopted 6-18-18.)