HomeMy WebLinkAbout3093ORDINANCE NO. 3093
AN ORDINANCE of the City of Port Angeles, Washington, appointing the
Risk Manager as the City's agent to receive claims for damages and
amending Ordinance 2736 as amended and Chapter 2.76 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES 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 PAMC 2.76.070 to read as follows:
2.76.070 - 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 Mayor's or City Manager's designated agent, 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.B- 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 City Attorney's Office and the
additional copies to the Office of Risk Management and Safety.
1
D.E The Office of Risk Management and Safety shall transmit copies of the lawsuit
to the affected department and/or individual and, where appropriate, to the insurance representative.
The Office of Risk Management and Safety shall advise the City Attorney's Office, in writing, of
the applicability of insurance coverage to the lawsuit.
E.D The Office of Risk Management and Safety shall, at the direction of the City
Attorney's Office or other legal Counsel representing the City, conduct and/or coordinate the
investigation of all litigation involving the City and/or its officials /employees in their official
capacities unless the City's insurance provides otherwise. All such investigations shall be
conducted as the agent and at the direction of the City Attorney's Office and shall be protected
by the attorney- client privilege and attorney work product rule. The Office of Risk Management
and Safety may employ, at the direction of the City Attorney's Office, the services of claims
specialists, whose investigations shall also be protected by the attorney- client privilege and attorney
work product rule.
F.E The City Attorney's Office shall retain such outside experts as necessary for the
resolution of litigation claims that are not covered by insurance. These may include, but are not
limited to, doctors, rehabilitation specialists, and investigators, except for small claims court
litigation, which generally shall be handled by the Office of Risk Management and Safety. The City
Attorney's Office 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 Office of
Risk Management and Safety or applicable insurer.
G.F Upon completion of the investigation, or at any time requested by the City
Attorney's Office, the Office of Risk Management and Safety shall give the investigative file to the
City Attorney's Office or other legal counsel representing the City. Upon request of the City
2
Attorney's Office, the Office of Risk Management and Safety shall conduct and/or coordinate
additional investigation of the lawsuit.
H.G The Office of Risk Management and Safety, upon the recommendation of the
City Attorney's Office, shall have authority to approve the settlement of any litigation claim in an
amount not exceeding $5,000, provided that a thorough investigation and written report establishes
that payment of such amount is justified. All other litigation claims not covered by insurance shall
be settled only after authorization by the City's insurance representative and by the City Council
after considering the report and recommendation of the City Attorney's Office.
I.I± The City Attorney's Office shall maintain complete histories of all lawsuits
sufficient to document at least a five -year history of same.
J.E Except as specifically directed by the Office of Risk Management and Safety or
City Attorney's Office, 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 Office of Risk Management and
Safety, City Attorney's Office, persons authorized by the Office of Risk Management and Safety
or City Attorney's Office, 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 after informing the City Attorney's Office; and,
3. Give written or verbal 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 City Attorney's Office
3
or Office of Risk Management and Safety that such a statement has been requested. (Ord. 2767
§1, 4/16/93; Ord. 2736, 1/15/93)
Section 2 - Effective Date. This Ordinance shall take effect five days after the date of
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 7th day of August, 2001.
ATTEST:
Becky J. U.�In, Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Atto/ney
PUBLISHED: August 12, 2001
By Summary
F:\ ORDINANCES &RESOLUTIONS\2001- 22.ord. wpd
4
Summary of Ordinance Adopted by the
Port Angeles City Council
on August 7, 2001
Ordinance No. 3093
This Ordinance of the City of Port Angeles appoints the Risk Manager as the
City's agent to receive claims for damages and amends Ordinance 2736 as
amended and Chapter 2.76 of the Port Angeles Municipal Code.
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 after publication of this summary.
Becky J. Upton
City Clerk
Publish: August 12, 2001