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ORDINANCE NO. -“62
AN ORDINANCE of the City of Port Angeles, Washington, revising
Chapter 2.76 of the Port Angeles Municipal Code relating to Claims
Management.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
as follows:
Section 1. Ordinance 2736, as amended, and Chapter 2.76 of the Port Angeles
Municipal Code are hereby amended by amending 2.76.020 and 2.76.030 PAMC to read as
follows:
2.76.020 - Claims Management - Litigation Claims.
A. The Risk Manager shall be the City's appointed agent to receive any claim for
damages against the City under Chapter 4.96 RCW. The Risk Manager may be reached during
the normal business hours of the City at City Hall, 321 East Fifth Street, Port Angeles,
Washington 98362.
B. Service of process in accordance with RCW 4.28.080(2) upon the Mayor, City
Manager, or the City Clerk, shall constitute service on the City. No other City official or
employee may accept service of a summons and /or complaint unless such official or employee
is specifically named in the lawsuit, in which event such City official or employee shall
immediately deliver a copy of such process to the City Clerk.
C. Upon accepting service of summons and/or complaint, those persons identified
in subsection A above shall deliver the same to the City Clerk, who shall make appropriate
copies for distribution and shall deliver the original document to the Legal Department and the
additional copies to the City Manager or designee.
D. The Legal Department shall retain such outside experts as necessary for the
resolution of litigation claims that are not covered by insurance. The Legal Department may
elect to represent the City in hearings and /or trials involving such litigation claims or shall
appoint outside counsel when appropriate and after coordinating with the applicable insurer.
E. The City Manager or designee, upon the recommendation of the Legal
Department, shall have authority to approve the settlement of any litigation claim against the
City in an amount not exceeding $600 25,000, provided that a thorough investigation and
written report establishes that payment of such amount is justified. All other litigation claims
against the City not covered by insurance shall be settled only with authorization by the City's
insurance representative and by the City Council after considering the report and
recommendation of the Legal Department. The City Manager or his designee each month shall
notify the Council in writing of settlements entered into pursuant to this section.
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F. Except as specifically directed by the City Manager or designee or Legal
Department, no City department, division or other City agency, and no City official or employee,
acting individually or collectively, may engage in the following acts:
1. Negotiate or otherwise effect the settlement of a claim or lawsuit
involving the City;
2. Discuss with persons other than the City Manager or designee, Legal
Department attorneys, persons authorized by the City Manager or designee or Legal Department,
or his/her supervisor, incidents which could reasonably lead to a claim or lawsuit against the
City; provided, however, that the employee may discuss the incident with other persons with
approval from the Legal Department; and,
3. Give written or oral statements describing an accident or incident of his
or her involvement to anyone other than an investigating law enforcement officer who properly
identifies himself as such until after the employee or official has notified the Legal Department
that such a statement has been requested.
2.76.030 - Recovery of Losses.
A. Action for Recovery. Legal action by the City for recovery of losses of $15,0%
25,000 or less shall be initiated only with authorization by the City Manager, and for losses in
excess of $15,000 25,000 by the City Council. The Legal Department shall be responsible for
bringing actions, including claims and lawsuits, for recovery of losses to the City arising out of
the acts of others. Such losses may include property damage or losses which impact on the City
as a result of personal injuries. In addition, the Legal Department may join the City as a party
with any third party in a lawsuit involving recovery of loss to the City.
B. Allocation of Recoveries. Any monies recovered (excluding costs of recovery)
on account of losses to the City shall be paid to the budget unit or department which has
expended funds and/or materials as a result of the loss. Any monies in excess of those so
expended shall be transferred to the self - insurance fund.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or 'circumstances, is not affected.
Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
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effect five days following the date of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 2 Tst day of April, 2009.
ATTEST:
Becky J. on, ity Cle k
APPR VED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: April 26 , 2009
By Summary
G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS \ORDINANCES.2009 \6 - Claims Mgmt 031009.wpd
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wfAYOR
Summary of Ordinance Adopted by the
Port Angeles City Council
on April 21, 2009
Ordinance No. 3362
This Ordinance of the City of Port Angeles, Washington, revises Chapter 2.76 of the Port
Angeles Municipal Code relating to Claims Management.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days following the date of its publication by summary.
Becky J. Upton, MMC
City Clerk
Publish: April 26, 2009