(a) All claims against the City arising from injury or damage from alleged acts or omissions of the City shall be referred to the Director of Law. All disputed claims arising from water and sewer service billings, which have not been resolved, may be referred to the Director of Law by the Director of Public Service.
(b) The Director of Law 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 express their views and present their evidence and arguments.
(c) After the Director of Law investigates each claim, he shall classify it as moral or legal and shall recommend that the claim be denied, approved, or approved in a modified amount.
(d) The Director of Law is authorized to settle, with the approval of the Board of Control, any and all claims classified as legal claims in an amount not to exceed the general liability insurance deductible. The settlement of legal claims for an amount in excess of the deductible must be submitted by the Law Department of the City’s general liability insurance carrier. Upon approval by the Board of Control or City Council, the Director of Finance shall cause payment of the claim in the manner prescribed in this section.
(e) The Director of Law shall transmit all claims classified as moral claims, together with his recommendation thereon, to the Claims Commission. The Claims Commission shall then hold a hearing on the claim. The claimant shall be notified at least five days in advance of the day on which the claim shall be considered and shall be present during consideration of the claim. Failure of the claimant to appear at the meeting without reasonable justification communicated to the Director of Law prior to the meeting may be considered by the Claims Commission as cause for denial of the claim.
(f) The Claims Commission may approve, reject, modify, or table a moral claim. If the Claims Commission approves a claim for an amount not exceeding three thousand dollars ($3,000), the Director of Finance shall cause payment of the claim in the manner provided in this section. If the amount approved by the Claims Commission exceeds three thousand dollars ($3,000), the claim shall not be paid unless also approved by City Council. In such case, the Director of Law shall present to City Council an ordinance authorizing the payment of the claim in the amount approved by the Claims Commission, such ordinance being presented to Council as upon the recommendation of the Claims Commission. Such ordinance shall then be considered by City Council.
(g) Claims approved pursuant to this section shall be paid by the Director of Finance payable to the claimant and, if directed by the Law Department, the claimant’s attorney, from the appropriate fund or account. 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 Director of Law evidencing the settlement of the claim and release of the City 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 City.
(h) The Director of Law and the 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. 33-2003. Passed 4-10-03.)