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2018-045 - Liability Claims And/Or Pending Litigation, Repealing Resolution 2015-041
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2018-045 - Liability Claims And/Or Pending Litigation, Repealing Resolution 2015-041
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6/28/2018 4:57:22 PM
Creation date
6/22/2018 9:09:17 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2018-045
Date
6/19/2018
Destruction Year
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LAR — 06/19/18 <br />RESOLUTION NO. 2018-045 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AUTHORIZING CITY STAFF TO SETTLE <br />LIABILITY CLAIMS AND/OR PENDING LITIGATION <br />AGAINST THE CITY UP TO FIFTY THOUSAND DOLLARS <br />AND WORKERS' COMPENSATION CLAIMS FOR UP TO <br />ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND <br />REPEALING RESOLUTION 2015-041 <br />Whereas, California Government Code Section 900 et seq. establishes general <br />provisions regarding the processing of claims filed against cities, and authorizes cities to <br />adopt local procedures not in conflict with state law; <br />Whereas, California Government Code Section 935.4 allows this Council by <br />resolution to authorize an employee of the City to allow, compromise or settle a claim <br />against the City which would otherwise be filed and borne by the City Council; <br />Whereas, California Government Code section 949 allows this Council to <br />delegate its authority to its attorney or employee to compromise any pending action. <br />Whereas, the City of Santa Ana is permissibly self-insured for Workers' <br />Compensation pursuant to the provisions of Sections 3700 et seq. of the California <br />Labor Code; <br />Whereas, consideration by the City Council of every claim or action presented <br />can occupy an inordinate amount of time, preventing the City Council from considering <br />other important matters of City business; and <br />Whereas, a survey was conducted by Human Resources staff and it was <br />discovered that many Orange County cities delegate authority to settle litigation and <br />claims in excess of the twenty-five thousand dollars currently authorized by the City <br />Council. <br />Whereas, increasing the authority to settle claims and litigated matters would <br />increase efficiency and streamline internal processes. <br />NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: <br />Section 1. The Executive Director of Human Resources, or his/her designee, is <br />authorized to allow, compromise or settle liability claims and/or pending litigation (i.e. <br />lawsuits) against the City up to twenty-five thousand dollars ($25,000); <br />Section 2. The Executive Director of Human Resources, City Attorney, and City <br />Manager or their respective designees are authorized to allow, compromise or settle <br />Resolution No. 2018-045 <br />Page 1 of 3 <br />
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