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Home My WebLink About55B - RESO - CLAIMSREQUEST FOR r COUNCIL • CITY w.a�. COUNCIL DATE: AUGUST 4, 2075 TITLE: RESOLUTIONS - ADOPT A GOVERNMENT TORT CLAIMS PROCEDURE AND AUTHORIZE CITY STAFF TO SETTLE LIABILITY CLAIMS AND PENDING ACTIONS THAT DO NOT EXCEED $25,000 ?STRATEGIC PLAN NO.4} {STRATEGIC PLAN NO. 4) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I�I��rtl•1�IY�C7 Adopt a Resolution for an updated Government Tort Claims Procedure and a Resolution authorizing City staff to settle claims or pending lawsuits that do not exceed $25,000 as allowed by California Government Code Sections 935.4, 949, including Workers' Compensation claims. DISCUSSION The City Attorney's office recommends that the City Council adopt an updated Resolution that concisely and more fully addresses the Government Tort Claims Procedure set forth in the Government Code. Additionally, the other Resolution provides for an increase in the settlement authority of certain City staff within specific parameters that will allow the City Council to focus on other important matters of City business instead of the compromise or settlement of claims and pending lawsuits that do not exceed $25,000. These parameters will include the settling of workers' compensation claims submitted to the City. California Government Code Section 935.4 allows this Council by resolution to authorize an employee of the City to allow, compromise or settle a claim against the City which would otherwise be filled and borne by the City Council. Likewise, California Government Code section 949 allows this Council to delegate its authority to its attorney or employee to compromise any pending action. A resolution conforming to the parameters below to settle claims and pending lawsuits will increase efficiencies and will positively affect the City Council, the Risk Management department, Workers' Compensation Department, the City's Attorney's Office and the City Manager's office: 55B -1 Resolution Re Settlement Authority August 4, 2015 Page 2 Amount of Claim or Required Authority Settlement Amount of a Pending Lawsuit Not to exceed $5,000 Executive Director of Personnel (or his /her designee) $5,001 - $10,000 Executive Director of Personnel City Attorney (or his /her designee) $10,001 - $25,000 Executive Director of Personnel City Attorney City Manager (or his /her designee) The above parameters conflict with Resolution 81 -203, paragraphs 3 and 4 only, and Resolution 89 -093 paragraph 1 only, and will necessitate the repeal of those Resolutions. The proposed Resolutions will provide consistency and guidance for the City. STRATEGIC PLAN ALIGNMENT Approval of these items support the City's efforts to meet Goal No. 4. Government Financial Stability. These actions will create several efficiencies in investigating, settling and resolving claims and lawsuits, reducing the number of agenda items, avoiding the need to prepare Requests for Council Action, and decrease time spent in closed session on such matter g --z Edward Raya Sorflwk. Carva c Executive Director of Personnel City Attorney City of Santa An City of Santa Ana *Vrnisco G ti z Executive Director Finance & Management Services Agency City of Santa Ana Exhibits: 1. Resolution Adopting a Government Tort Claims Procedure 2. Resolution Authorizing City Staff to Resolve Claims and Pending Actions that Do Not Exceed Twenty - Five Thousand Dollars ($25,000) sms 7/27/15 55B -2 SMS — 07/29/15 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A GOVERNMENT TORT CLAIMS PROCEDURE WHEREAS, the City of Santa Ana is a charter city and municipal corporation organized under the laws of state of California; WHEREAS, the California Tort Claims Act (commencing with Section 900) of the California Government Code governs the manner in which a local public entity must handle claims for money or damages filed against it; WHEREAS, the City Council for the City of Santa Ana, desires that the Government Tort Claims Procedure set forth in the California Tort Claims Act be the City's Tort Claims Policy and Procedure; WHEREAS, the City Council for the City of Santa Ana desires that the City's Tort Claims Policy and Procedure, as set forth in this Resolution, be applicable to suits for money or damages maintained against the City by the State or by a state department or agency or by another local public agency or by a judicial branch entity; and WHEREAS, Government Code Section 935.4 provides that the City Council may authorize an employee of the City of Santa Ana to perform such claims administration functions as are prescribed by resolution. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. Government Tort Claims Act Followed by the City. The City follows the Tort Claims Act, in that all claims for money or damages against the City are governed by Part 3 (commencing with Section 900) except as provided therein, or by other statutes or regulations expressly applicable thereto. Section 2. Claims by the State or by a State Department or Agency or by Another Local Public Agency or by a Judicial Branch Entity Against City Shall be Governed by California Tort Claims Act Procedures. All claims by the State or by a state department or agency or by another local public entity or by a judicial branch entity against the City for money or damages, which are excepted from the claims presentation requirement of the Tort Claims Act by Section 905(i) from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the Government Code and which are not governed by any other statutes or regulations expressly relating hereto, are hereby not excepted and shall be governed by the Tort Claims Act procedures followed by the City. Resolution No. 2015 -XXX 55B-3 Page 1 of 3 Section 3. The City Attorney of the City of Santa Ana, or his /her designee; is hereby authorized pursuant to Government Code Section 935.4, to perform the following claims functions provided in Government Code Section 900 et seg , including, but not limited to: a . Provide claim forms, pursuant to Government Code Section 910.4; b . Give written notice of insufficiency of claims, pursuant to Government Code Section 910.8; c . Rule on applications for leave to present late claims, pursuant to Government Code Sections 911.4 through 911.8; d. Agree to extend the time for action on a pending claim, pursuant to Government Code Section 912.4; e . Act on claims, pursuant to Government Code Sections 912.6 and 913; f . Re- examine previously rejected claims for the purpose of settlement, pursuant to Government Code Section 913,2; and g . Process claims presented under the Charter of the City of Santa Ana; or under any ordinance or resolution of the City Council. Section 4. The Clerk of the Council shall forward a copy of all claims to the City Attorney's designee for purposes of addressing and investigating claims submitted to the City. ADOPTED this __ day of 2015 APPROVED AS TO FORM: Sonia R. Carvalho arzmann City Attorney Miguel A. Pulido� Mayor Resolution No, 2015 -XXX 55B -4 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2015 -XXX 55B -5 Page 3 of 3 55B -6 SMS — 07/29115 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY STAFF TO SETTLE CLAIMS OR PENDING ACTIONS AGAINST THE CITY THAT DO NOT EXCEED TWENTY -FIVE THOUSAND DOLLARS ($25,000), INCLUDING WORKERS' COMPENSATION CLAIMS AND REPEALING RESOLUTION 81 -203 AND RESOLUTION 89 -093. Whereas, California Government Code Section 900 et seq. establishes general provisions regarding the processing of claims filed against cities, and authorizes cities to adopt local procedures not in conflict with state law; Whereas, California Government Code Section 935.4 allows this Council by resolution to authorize an employee of the City to allow, compromise or settle a claim against the City which would otherwise be filled and borne by the City Council; Whereas, California Government Code section 949 allows this Council to delegate its authority to its attorney or employee to compromise any pending action; Whereas, the City of Santa Ana is permissibly self- insured for Workers' Compensation pursuant to the provisions of Sections 3700 et sue. of the California Labor Code; Whereas, consideration by the City Council of every claim or action presented can occupy an inordinate amount of time, preventing the City Council from considering other important matters of City business; and Whereas, many of the claims presented to the City are for sums under $25,000. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The Executive Director of Personnel, or his /her designee, is authorized to allow, compromise or settle claims against the City that do not exceed five thousand dollars ($5,000) with consultation with the City Attorney; Section 2. The Executive Director of Personnel, or his /her designee, and the City Attorney are authorized to allow, compromise or settle claims against the City that exceed five thousand dollars ($5,000), but do not exceed ten thousand dollars ($10,000). Resolution No. 2015 -XXX 55B-7 Pagel oP 3 Section 3. The Executive Director of Personnel, or his /her designee, the City Attorney, and the City Manager are authorized to allow, compromise or settle claims against the City that exceed ten thousand dollars ($10,000), but do not exceed twenty - five thousand dollars ($25,000). Section 4. The Executive Director of Personnel, or his /her designee, in consultation with the City Attorney, is authorized to compromise or settle pending actions, i.e., lawsuits, against the City that do not exceed five thousand dollars ($5,000). Section 5. The Executive Director of Personnel, or his /her designee, and the City Attorney are authorized to compromise or settle pending actions against the City that exceed five thousand dollars ($5,000), but do not exceed ten thousand dollars ($10,000). Section 6. The Executive Director of Personnel, or his /her designee, the City Attorney, and the City Manager are authorized to compromise or settle pending actions against the City that exceed ten thousand dollars ($10,000), but do not exceed twenty - five thousand dollars ($25,000). Section 7. This Resolution specifically allows the Executive Director of Personnel, or his /her designee, to compromise or settle workers' compensation claims within the parameters established above for claims against the City. Section 8. Resolution No. 81 -203 is hereby repealed. Section 9. Resolution No. 89 -093 is hereby repealed. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2015 APPROVED AS TO FORM: Migue Mayor 55B -8 Resolutlon No. 2015 -XXX Page 2 of 3 Sonia R. Carvalho City Attorne I/ N By: Sandra M wart ann Senior A aistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No, 2015 -XXX 55B-9 Page 3 of 3 55B -10