HomeMy WebLinkAboutAgenda Statement 1989/02/14 Item 11 COUNCIL AGENDA STATEMENT /"
Item „E''
• //V-0
Meeting Date
Adding Chapter 1.34 to the Chula Vista
ITEM TITLE: Ordinance
Municipal Code Relating to Claims Requirement and Procedures
Resolution AV3 Amending Administrative Procedure No. 506
Relating to Claims Administration
SUBMITTED BY: Assistant City Attorney°°
Director of Personae
REVIEWED BY: City Manage
(4/5ths Vote: Yes No X )
This ordinance would expand the types of matters as to which there is a
requirement that a claim be filed prior to filing a lawsuit against the City.
RECOMMENDATION: (1) That the ordinance be introduced for first reading
(2) That the resolution be adopted
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
State law requires that a written claim be filed with the City before a tort
lawsuit may be filed. This law gives the City a chance to make an early
investigation of facts and to can settle esult claims in dismissal of cost
suit against lthe
Failure to file such a claim ca of which is attached hereto) makes
City. Government Code Section 905 (a copy
certain exceptions to the claim filing requirement. Government Code Section
935 allows the City to adopt an ordinance requiring that claims be filed even
s the City
with regard to the exceptions. Government Code Section 930.2 allows the City
to incorporate by reference such claims procedures in any
enters into, thereby making the claims rosordinance would do just that.
the City for breach of contract. proposed
The advantage to having such an ordinance is that the City will get the
earliest possible notice of potential liability
and will have an opportunity
to conduct its investigation while the facts are still fresh w 1l people' s he
minds. If the City finds that claim the added lcost uof tl t gat on. If not
opportunity to settle it wit hout and limit any
meritorious, it will expedite resolution of the dispute,
potential City liability.
A copy of a revision to existin e Administrative Procedure 506 wc
fully explains the administrative process is In additontomaking
"excepted claims", and contract
technical changes to cover tort claims,
claims, it increases the settlement authority the approval ManaherCffrom
M$1,0000
to $5,000, and from $5,000 to $10,000 with
Page 2, Item 17
Meeting Date g
and City Attorney. Since Administrative
implemented, general inflation and medical nflatdion in6 was originally
caused most claim settlement amounts to increase.inflation, Particular,
increased authority Granting the Risk Manager
settlement of meritorious claims; and, iobjectives:ll ease tart will
of e City Council review of relatively administrative burden
excess of $10,000 would require Settlement burden
Y small claims. Settlement of claims in
935.4 authorizes delegation of settlement nt authority of(up to$20,000).
Code Section
P $20,000).
5153a
by the City Council of
Chula Vista, California
"
Dated _ �
SECTION 506
ADMINISTRATIVE PROCEDURE DATE
SUBJECT : PAGE l of 6
CLAIMS AND COMPLAINTS AGAINST THE CITY
REF.
I . PURPOSE
To provide instructions for the proper processing of claims
and complaints against the City. These procedures apply to tort
claims, contract claims (Government Code Section 930 . 2 ) and all
Government Code Section 905 "excepted claims" .
II. DEFINITIONS
A. Claim - A demand for something due or believed to be due .
B . Claimant - One who asserts a right, demand, or claim.
C. Complaint - A formal allegation against a party; the
first or initiatory pleading on the part of a plaintiff
in a legal action.
D. Plaintiff - The complaining party in a litigation; one
who sues to obtain a remedy.
II . POLICY
A. The City' s Risk Manager ,e for coordinating all claims
Department, is responsible preliminary ims
and complaints against the City.
necessary investigation will also be conducted by the
Risk Manager and coordinated with the claims
administrator . The Risk Manager will consult with and
seek the advice of the City Attorney in unusual
situations /¢2fXXc4Xdii4// W/tkiAt//b/1/l kiit//YVVY/Af
1iXi/040/146/X4/XXXX0WOri A
B . The Personnel Department is responsible for receiving
and logging all claims. TW/01W4AX11 X/ /IbXXX
XX$0///1//0107/AVVV//AW19 Si//a///AXEMOXAXW//0i
¢01d0XXXXil$1
C. The City Clerk ' s Office and/or the City Attorney' s
Office are the only representatives of the City that may
receive complaints and summonses against the City.
xM $0/A OXY 4 , AX> u /Y0/ V V V/AXAA// AV1X �V '//I//IIV
/X (
IV. PROCEDURE FOR CLAIMS ADMINISTRATION
A. Receiving Claims and Distribution within the City.
���� A-II4
SECTION
ADMINISTRATIVE PROCEDURE 506
SUBJECT : DATE
PAGE
CLAIMS AND COMPLAINTS AGAINST THE CITY 2 of 6
REF.
The Personnel Department shall receive and maintain the
original copy of all claims
against the City epicr//f6MOXXXX filed
the claim) and yisrresponsibleffore maintaining receiving
all claims �fy10/ maintaining a log of
Form No . F-244 Claims should be filed on
Form No .
his behndf,signed by the claimant or
provided, however , person
claims may be
received in any form if they
information as set forth y contain the minimum
16A of this policy. in B k1X thresh ��0
the Personnel Departmentpon receipt of all claims,
the claim and forward the claimi� to the Risk time
Manager .
4191/// W//A'9'9' WW V///WW W////MAI//,62406,6///0X41//460
1415WO ' ft0/4141 A'91444V Y/h/W/AX4//162AX AA//X00444 xW X 0X/
094X4g/a/A4, / '/1X0fg$,/,b4/AVVAX 'K/OXXX/AAAAV/A/40 fX
s6X f/sZ !//AJVc Y/X'A6A/j,I6it`//O //1'/
seXXXO$/cif4NAAA//s1XXX00/A444, 4/64/WAf/,// '/AA414// 46sg
f9SYVX 9141//iZs6// //reXtY//0X /10'$//0frX00// 95//F5XX00//)Zb1
4XXXV/944/00/001,07'X/040v 105X/f 0,//00010XX/oWX0X1
B . Contents of Claim
1 . Name and post office address of the claimant
2. Post office address to which person presenting the
claim desiregis notices to be sent
3 . The date, place and other circumstances
occurrence which gXave rise to the claim °f the
4 . General description of
'ur g the indebtedness,
obligation, in
7 y, damage or loss as it may be
known at the time of presenting the claim
5 . The name or names of public employees involved in
the injury, g loss as it may be known at
the time of presenting the claim
6. The amount claimed if it totals less than $10,000
as of the date of the presentation of the claim,
including the estimated amount of an
injury, damage or loss insofar as may proy known,
together with the basis of computation f the amount
of the claim. If it exceeds
include a dollar amount but 000 it shall nc �y
shall state whether
jurisdiction would rest
in Munici•al or Su•erior
A-I
SECTION 506
ADMINISTRATIVE PROCEDURE DATE
SUBJECT : PAGE 3 of 6
CLAIMS AND COMPLAINTS AGAINST THE CITY REF.
C. Assigning Claim Numbers
Upon receipt of a claim by the Risk Manager , she/he
shall :
1. Designate the date received on Form F-244
2. Establish a master claim file indexed with the
individual ' s name and claim serial number . The
serial number will consist of two letters and three
digit groups (X1¢Ie.g. , CV 79-10-001 ) .
i ) CV = Chula Vista
ii ) 79 = Fiscal Year of Claim
iii ) 10 = Activity Number of Related City
Department, as follows:
00 - Miscellaneous
01 - Council, Commission, Clerk , Attorney
02 - Administration, Community Development,
Personnel
04 - Finance
05 - Purchasing
06 - Planning
10 - Police/Animal Regulation
12 - Fire
13 - Building and Housing
14 - Public Works
15 - Parks and Recreation
16 - Library
iv ) 001 = filed against listing
related department during
the Fiscal Year
2 2j L5 A-1 1 4
ADMINISTRATIVE PROCEDURE SECTION
506
SUBJECT : DATE
PAGE 4 of 6
CLAIMS AND COMPLAINTS AGAINST THE CITY
REF.
D. Late Claims
Most tort Oclaims against the
be filed within ,000/ City must p(�d�date of
loss . Claims b •ublic six months after the date of
em•lo ees for fees, salaries,
wa•es milea•e or other ex•enses or allowances must be
filed within 100 da s of the accrual of the cause of
action as to unre•resented em•lo ees; or, as to
re•resented em lo ees within the time s•ecified in the
a• •licable •rievance •rocedure . Claims b
another local •ubic entit for • the State or
e•uitable indemnit artial or total
the date the other entit bwas lserved within
ith the com•lainf
iving rise to the claim
shall also date-stamp all late The
cla Personnel Department
grW//XXu�,�YXY1g5p1X,! The Risk Mana er shall eval ua
whether the •rounds re•uRisk
claim set forth in Government Code • Section f 911 . 6 have
been satisfied . In no event will a claim older than one
ear from the accrual of the cause of action
recommended for a roval or be aid .
The Risk Manager shall prepare an A-113 to place the
late claim on the Council agenda for Council action;
rejection or acceptance of late claim.
E . Notification of Parties
The Risk Manager will review all claims to
sufficiency of information and will coordinates any
required investigations between
administrator , and an the City, the claims
claimant filin a Y other involved parties. A
required in filing claim which lacks sufficiency as
IV B shall be notified f00/4644/WA
XifX0,epiXX/ X within 20 days of receipt of such claim
by the Risk Manager .
In all cases, upon receipt of the claim, the Risk
Manager will notify the claims administrator, the
claimant, the City Attorney and the City Upon receipt of a Y Council when
ig4e4g claim, '//,fX`1R1// ///4'Y�' A'�'//X4P6X X ` X0X��which
exceeds $10,000, an A-113 will be
Manager to the City Clerk ' s office forwarded by the Risk
the Council agenda for Council action, place the claim o�y„
A-I
SECTION 506
ADMINISTRATIVE PROCEDURE DATE
SUBJECT s PAGE 5 of 6
CLAIMS AND COMPLAINTS AGAINST THE CITY
F . Master File of Claims
The Risk Manag nd act asa liai son between departments land
update files , and
outside parties. A tickler file will be maintained as
necessary.
G. Investigation
The Risk Manager will investigate claims as appropriate .
14. OXWNW00/0709W0$00;4054(00
100000/
XI H. Resolution of Claims
The OXIW //40/ W/A,p01400 ,b //OW/1O Risk Manager
a exercise independent settlement judgment on all
may $15,000 . Claims from
claims up to and including Settled by the ¢X¢X�s
$15,001 to $$10, 000 may
WicoWillegWATiill Risk Manager with concurrence laims over
the City Manager and the City Attorney. Council
shall be settled by the City
following receipt of a recommendation from
b the 41Ait`$
¢91001 �¢ ¢YX Risk Mana•er , a
Manager and Ciy y
Attrne
t o In all cases, it shall be
the responsibility
of the Risk Manager to notify the
claimant of the action taken in accordance with
%0¢1/1cii//9 _tylealTlicablesnis of the Government
Code .
V. COMPLAINTS
A. Time Limits
Generally, suits for damages must be brought
against the city within six months of the date a
claim is deemed acted upon; yet, a plaintiff may
have a year or more to take action, depending on
the circumstances of the case .
O� A-114
SECTION 06
ADMINISTRATIVE PROCEDURE 5
SUBJECT : DATE
PAGE
CLAIMS AND COMPLAINTS AGAINST THE CITY REF 6 of 6
REF.
B. Receiving Complaints
Complaints and/or summonses can be accepted only by
the City Clerk or the Cit
designated representatives. y Attorney and their
forward C0//gr/i/glAWX a co The City Clerk shall
and �C/ to the Risk Manager
'� '//� / //¢0 AXyW the on final to the
City Attorney.
C. Procedure for Administration of Complaints
1 . U•on receist of a complaint, the Cit Attorne
shall determine whether to defend or obtain
outside counsel in accordance with
Council •olic . If referred sit
to
counsel, coordinate re resentation . °utide
2. Upon receipt of a complaint, the Risk Manager
shall :
X/i )Time stamp the complaint and forward
coo claims administrator , and
,40/047(WPf/Or /fNOOXXXXiZ/f/X
X/ 7WriliWW,6401,15/1444WW/414W/AVIA/W/7140
Alt.V 441/AW/AA, ,WA/th//160,E W450, 11SX¢e// 0
Olii ) Update files and act
as liaison
between departments,
outside le a1 ' City Attorney,
counsel and outside
parties as necessary.
5162a
A-I