HomeMy WebLinkAboutOrd 1099 Handling of Liability Claims $5,000 or lessOrdinance No. 1099
CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
INTEROFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: City Clerk
Date: September 8, 2005
Subject: Introduction of Ordinance Concerning the Processing of Claims
City Council has directed staff to bring forward a modified policy for the handling of liability
claims presented against the City in the amount of $5,000 or less. The City Manager, City
Attorney, Risk Manager, and City Clerk have worked collaboratively to draft the ordinance
presented on this agenda for introduction.
Staff stands ready to answer any questions you may have in this regard.
�ELLE D. KLASSE , CMC
CITY CLERK
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ORDINANCE NO. 1099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONCERNING THE PROCESSING OF CLAIMS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
A. Government Code Section 935.4 allows cities and other public entities, by
ordinance or resolution, to authorize a public employee to process tort claims filed against the
City that seek $50,000 or Tess.
B. The City wishes to take advantage of the administrative efficiency that will result
from allowing City staff to process tort claims seeking damages Tess than $5,000.
C. This ordinance amends the City Code to provide that the City Manager, with the
concurrence of the City Attorney, may allow, compromise, settle, or reject a claim that does
not exceed $5,000.
Section 2. Adoption.
Section 3.14.040 of the Code of the City of Palm Desert, California, to be and the same
is hereby amended to read as follows:
3.14.041 "In accordance with California Government Code Section 935(b), all
claims OVER five thousand dollars ($5,000) shall be presented as provided in this section and
acted upon by the City Council prior to the filing of any action on such claims, and no such
action may be maintained by a person who has not complied with the requirements of this
chapter. If the City Council refuses or neglects to allow or reject a claim for forty-five days
after it is filed with the City Clerk, the claimant may treat such refusal or neglect as final action
and rejection on the forty-fifth day."
Section 3. City Manager Authority.
Section 3.14.041 be and the same is hereby added to the Code of the City of
Palm Desert, California, to read as follows:
"The City Manager, with the concurrence of the City Attorney, shall be authorized to
accept, settle, or reject, without prior approval of the City Council, claims against the City that
fall under Division 3.6 of Title 1 of the Government Code or Section 3.14 of the Palm Desert
City Code, provided that NO allowance, compromise, or settlement SHALL EXCEED five
thousand dollars ($5,000). Upon the written order of the City Manager and written
concurrence of the City Attorney, the City's insurance administrator shall cause to be issued
a payment to the claimant on behalf of the City in the amount of which a claim has been
allowed, compromised, or settled. In accordance with California Government Code
ORDINANCE NO. 1099
Section 935(b), all claims under five thousand dollars ($5,000) shall be presented as provided
in this section and acted upon by the City Manager prior to the filing of any action on such
claims, and no such action may be maintained by a person who has not complied with the
requirements of this chapter. If the City Manager refuses or neglects to allow or reject a claim
for forty-five days after it is filed with the City Clerk, the claimant may treat such refusal or
neglect as final action and rejection on the forty-fifth day (Ord. 1009 § 2 (part), 2002)."
Section 4. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause, and phrase of this ordinance is severable and independent of every other
section, sub -section, paragraph, sub -paragraph, sentence, clause, and phrase of this
ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause, or phrase
of this ordinance is held invalid, the City Council declares that it would have adopted the
remaining provisions of this ordinance irrespective of the portion held invalid, and further
declares its express intent that the remaining portions of this ordinance should remain in effect
after the invalid portion has been eliminated.
Section 5. Publication.
The City Clerk shall certify to the passage and adoption of this ordinance and shall
cause the same to be published once in The Desert Sun, a newspaper of general circulation,
printed and published in the County of Riverside and circulated within the City of Palm Desert,
and the same shall be in force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held this day of , 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
BUFORD A. CRITES, MAYOR
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