(a) The Director of Law is hereby authorized to compromise any claims or suits filed against the City, or on behalf of the City against other parties, without first obtaining authorization and approval from Council, provided that no settlement in excess of ten thousand dollars ($10,000) shall be made in regard to such claims or suits, or to any claim based on a contract made, or purported to be made, with the City, without specific authorization from Council, except as is otherwise provided in this section.
(b) The Director of Law shall have authority in those claims resulting from accidents with emergency vehicles to settle such claims for the vehicle damage only in a sum not to exceed that portion thereof required to be paid by the claimant if such claimant has insurance coverage, but in no event to exceed the sum of ten thousand dollars ($10,000). The Law Director shall require the claimant to submit satisfactory proof as to the amount of collision insurance coverage, if any, carried by such claimant.
(c) In Workers' Compensation claims not involving direct payments by the City to the claimant, the Director of Law shall have authority to settle such claims pursuant to the relevant provisions of the Ohio Revised Code, notwithstanding the limitation in subsection (a) hereof.
(d) Nothing in this section shall be construed as waiving the City's defense of governmental, statutory, or common law immunity in any action brought against the City for damages based upon personal injury, death or property damage caused by the negligence of officers, agents or employees of the City.
(e) Except as is otherwise provided in this section, no such compromise or settlement shall be made unless an appropriation also is available for such expenditure.
(f) In all cases where the claim of the City against other parties is compromised by the virtue of this section, a release signed by the Director of Law shall be binding on the part of the City for the purposes specified therein.
(g) The Finance Director is hereby directed to draw his warrant or warrants for settlement of such claims upon presentation of a proper voucher therefor, approved by the Director of Law.
(Ord. 799-93. Passed 12-6-93.)
(h) Authorizing Offers of Judgment in Certain Lawsuits.
In lawsuits, which include claims alleged pursuant to Title 42, U.S.C. Section 1983, the Director of Law shall have authority to extend one or more offers of judgment, as provided by Rule 68 of the Federal Rules of Civil Procedure, on terms which he or she deems to be appropriate, except that such offer(s) shall not include permanent injunctive and/or permanent declaratory relief.
In the event a tendered offer of judgment is accepted, the Director of Law shall have authority to satisfy same notwithstanding the monetary limitation contained in subsection (a) hereof.
(Ord. 354-97. Passed 6-10-97.)