TO:
Honorable Mayor Powell and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Quinn M. Barrow, City Attorney
SUBJECT: Title
Resolution No. 12-6397 Clarifying the City Council’s Policy Delegating Tort Liability Claims Handling Responsibilities and the City Manager’s Settlement Authority For Claims Under $25,000 and Repealing Resolutions 4881 and 5342.
ADOPT RESOLUTION NO. 12-6397
Body
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RECOMMENDATION:
Staff recommends the City Council adopt Resolution No.12-6397 Clarifying the City Council’s Policy Delegating Tort Liability Claims Handling Responsibilities and the City Manager’s Settlement Authority and Repealing Resolutions 4881 and 5342.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. This Resolution implements the City’s current business practices.
BACKGROUND:
The City is a member of the Independent Cities Risk Management Authority (“ICRMA”). Claims are processed through a third party administrator, who investigates each claim and makes recommendations as to whether the City should accept and pay, or reject the claim. Since 1984, Adminsure has been the City’s third party administrator and claims have been processed through them in conjunction with the City’s Risk Manager.
The City has previously adopted resolutions regarding the handling of claims; however, these resolutions are not consistent with the City’s current business practices. Accordingly, the City Attorney’s office is requesting that the City Council adopt a resolution clearly delegating the claims administration to the City’s Risk Manager along with the City’s third party administrator and readopt the City Council’s previous authorization to the City Manager to settle claims that are less than $25,000.
DISCUSSION:
Government Code Section 910 et seq., including Government Code Section 935.4, allows the City Council to delegate claim handling res...
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