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Whenever any suit against the City, in any court, shall have been commenced, the Director of Law shall forthwith report that fact to Council, specifying the alleged cause of action, and the amount and nature of the relief claimed. And whenever any suit in favor of the City, commenced by direction of Council, or any suit in any court against the City, shall have been decided, the Director having represented the City in such suit, he shall forthwith report as to the nature and effect of every such decision. In all cases required to be reported under this section, he shall in his report advise such further action on the part of the City as in his judgment the nature of each case and the interests of the City may require. He shall forthwith report in writing all collections by him made in favor of the City, and not already reported. All such reports shall be promptly filed by him with the Clerk of Council.
(1952 Code § 3-5-12)
The Director of Law shall, unless otherwise directed by competent authority, cause executions to be issued on all collectible judgments recovered by the City, and attend to their prompt collection. All money which may be received by him for the City shall be forthwith paid into the City Treasury.
(1952 Code § 3-5-13)
The Director of Law shall, at the expiration of his term of office, unless otherwise directed by Council, hand over to his successor all books, files and papers in his hands, pertaining to his duties and held by virtue of his office. He shall also permit full and free access to, and use of such books, files and papers, so far as Council may require, to any member of Council, and to any attorney who may have been employed to act in connection with or independently of the Director of Law in any matter affecting the City.
(1952 Code § 3-5-16)
(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.)
The Director of Law upon the request of the Mayor is hereby authorized and directed to institute such actions as to him shall seem appropriate to prevent encroachments upon the City's property known as the Anthony Wayne Trail and for such further remedy as shall be appropriate.
(1952 Code § 3-5-26)