HomeMy WebLinkAbout3208ORDINANCE NO. 3208
AN ORDINANCE of the City of Port Angeles, Washington,
amending Ordinance 2736, as amended, and Chapter 2.76 of
the Port Angeles Municipal Code.
WHEREAS, the Office of Risk Management and Safety described in PAMC 2.76.010-
2.76.050 has been eliminated and these code sections can be repealed; and
WHEREAS, certain claims management functions need to be clarified and updated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1. Ordinances 2736, as amended, and Chapter 2.76 of the Port Angeles
Municipal Code are hereby amended as follows:
Sections:
CLAIMS MANAGEMENT
het bt KIS A rvlanagcmclit -and Jati,tf - l.rcatt
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tt
c. i v.v�v �iauua rv.(n.agtnhthl - vv O11CLI5 t.ou.pt.haau
2.767060.010 Claims Management - Nonlitigation Claims
2.76.070.020 Claims Management - Litigation Claims
2.76 99.030 Recovery of Losses
2.76.010 - Offset of Risk Mana e,nent and Saf.,t - Cicattd. Thee is hereby e,cat�d
thn, Offict of IS Managcni.,ut and Saf.,ly. The aupc.viau of paid Gffitt shall be tht Scniui
Risk Managehnehht Analyst who shall report to the Human R.,so .revs Manager, who, in thin, shall
•
tpeht dneeLly to Ll.e City Mauagc..
-1-
L. /(,.VLV - UIIIec oI Ktsh lvlailagelnf
anagurneut and Safety shall Le resyattsiLlc fo.
ass Ieduetion O1 picventtlen,
Offlec
• • We . • • r r r - • r • •
1110st fespott ,
Affievwtn set forth in this Chapter, In
ty nip 11 Vntll Statc anti 1 cdctal agency- fegul a 1011
cnung 11sx 1na11ageine11t site SaA ty
uCtiO1 ev
y - t�c,putt tuuu1c, wt LuS,
•
gelneut and Solely s11a11 Vc twpult,l Llc lv1 11s
• • • • - • • • • •
iCC 011c1sx 1Vlanagctttellt and Salety shall dewlap
c
ity -wide safety piogiain and-pciiedieally-enaluatc COI liancL with the pnegta tt Ly Inspecting
ity facilities and nlakillg 1cc, ks of f cld -and shop arcs, to eism c wo1kci GO1nyliaucc
t of f,abut It US 111,3 an City wink 1 u1LS. 1_',at, 11 dcpattlln,tit 11cad ,111 tltc
upG1a[tou5 mall uc lacntlllea to tuc VII1CC at 1CtSh rvlan,gcine11t anti Satcty and to a,suic tlr,t the
Lwc „ary pi 1vc111ativc u1c „ulw et c taktat c11 cm uuguing bas is. T11c Off1 ufRisk-Management
• • 1 • • r : • - • .
Salcty pi cautions ale not ltetng G1tt01ecd.
1CCO1nI11e1 datwuit5 gal lag C111y10yw satcly and t11c sale
aetviccs to tlt6 itSi/011SiblL Li) Ill Head.
01 mitt t.e to cn
c V1I1ec OI lush 1Vlanagc11nG11tond Safety 511,11 monitor and ass1Stttte Saicly
t1w UI1LLL1V0,, !nu vluc
Lc-colds
D. Th. Offlc of Risk Mattageine11t and Safety, in conjunction with th1 City
Manage1ne11t and Safety and the City Attorn ey', Office shall ,ppret e all p1 eyesed City eotllt sets,
pern11ts and Lass t0 61tSttle tltat all cvtlttactual pluvmluu, tclatit g to utdcuuuly, hvld hdttnlc,o
all unSatattCc pr0vniuu, adta„luat1. y ply t . t t1i. Citr
ctatltllg rue yleccaulcs to l e Iullowcd by all depot t1 C1 ts to ettsate accump ishincnt of tLe luss
cti011 /01GvGUtitan tllilctieus.
iGc o anagcnlcut and .la shall dclicIOp an anima gct iel
• • • • •
app. op11atlOnS t1 On t11c .1'c1I- hl Sat ante 1 Uud as CS l/11sncd plllsuallt Lu l,ll. J.SU 1'H1Vll;,
which may ulcludc appruyliatiullb ful �afcly- tclatcd plia. a and I11lC.1ltivLob U1 City cuLpluycc
• • • . • • • a _
• • • •• •
ce of Rill. Manai >cmont and Safcty - Respe „sIl)il.t,es farLisul anec /Sc
Illsul auec. Th. Offlec of Risk Managk..,llcllt and Safi.ty, at tl.c du Cct1O11 of the City Council, is
P 1 ug1 al11a.
of Risl< Managculclit and Salcly shall dclellnlnc and lecumillcn
propliatc letcnt on IcVk..ls and amount of IcbLnes to be Colahltohed,
D. ThL, Offi,,c of Risk.. Manage.nellt and Safcty shall negetiat v ith 11IaaIa11cI.
1cplcacutativca ul lclatcd pie) fcsotunal3 f01 all tyycb of inaulauce- II, latcd aclvicca,
C The Officc of Ris} Mallagenlcut and Safcty allall wuldlnatc the pulcllabc ul
and any Lidding plus, fe1 all insafanec politics, funded self- insul'anec P lanls, and related
. tl th., baulk.. c half of tht City,
k..11ui 1. Lo Lltk..
Offl G of Risk. Management and Saiitysllall wk. it inlcl depal tlllt,lltal 1 a
tilt u1Su1 anise /sclt -u1,al anec f nictlon.
2.76.050 - Claims Managcllicllt - W011cCi s Cuuipcnsatien C1a1111b. Tllc Ofticc u1 Ri
Manage ii and Safcty shall he 10sp usl 1. f01 Ills dilccti
wu11v1.1a cumpcusa i111 .
1ng
c Vllltt
d11 tin City clauuS aduuluatlatul, which 511a11 be a ccl tltlek.l QV 011k.cia cunlllcnsattuft
tty shall cueldhrat
cllvlly u11 tacit
••
• - • •
••
and
11131.1 11l1.1011 111v elvnlg pleglcsb 0t t11C Claim.
C The Office of Ris}. Management and Safety shall lLtaill JUL h vatsi 1 cApcltb
as 11ck..casary ful t11e ruse lutien of vVUl}ccls cOnipCnsatien Clanns. These play illk..ludc, but aic nut
lunit-td te, ductol s, fc11ab111latlon spc.ia1ists, and Inv eatlgators-.
nc l.1Ly riuotit
IC C shall Cit1i61 610ct to 1Cp1cacilt tilt Uity u1 11caiuigS
•
•
ann/u1 L11a1, 1110u1V1116 WUIKC15 1,011111c115atlun cldnna, u1 3 11 apptin tat wun5c
ap111 upt 1al.c.
k.. VRIGG OI K15K 1VlaIldQGR1e11L dn0 JaIL LY Iltay W1Re 11ncluc
s
dadul6 111u edulc5tubclullowcdbyalldLpalllu ntaWcuSmccyultablGwulhelsCOulpcnaatmn
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2.767060.010 - Claims Management - Nonlitigation Claims. The Offieo of Riak
ity Manager or designee, in connection with the City Ahail ,ey a Offiee
Legal Department, shall be responsible for developing and implementing the City's position on
the resolution of all nonlitigation claims by or against the City.
A. The City Clerk shall ft/maid to the Office of Risk Management and Safely all
ILOnitttgatiuii claims ttauung the City and/e1 ita ufheei3 o1 eulpluyeeo, wh1eh 1., anti allcgc that
said ufl .as of ctitpluycca, aelutg witluu the aebpe of their duties, i,ausud the c1aintant datttagc,.
BA. All City departments, divisions and other City agencies shall report
immediately to the Off c , of Risk Management and SafetyCity Manager or designee the
occurrence of any accident or incident which may give rise to a claim by or against the City-to
113U1 ptutnpt Lt Jestigatiun of t1Le uteident.
GB. The Office- of Risk Management and SafetyCity Manager or designee shall
transmit copies of the nonlitigation claim or potential claim to the affected department and/or
individual, and, where appropriate, to the insurance representative.
DC. All claims investigations, including investigation by the Officc is
Managcuic tt and SafetyCity Manager or designee, shall be conducted and/or coordinated as the
agettt and at the diteetiou of the City Atts.ney'3 Offie.in consultation with the Legal Department
or other legal counsel representing the City, and protected by the attorney - client privilege and
attorney work product rule. hi performing and/or coordinating such investigation, the Offte. of
R;slc Management ant SafctyCity Manager or designee may employ the services of claims
specialists.
e n1111SA lvldndgci nGllL allu Jd1LLy shall le
is cnpena
as nct-cssary for tltc resolution of non Al etaitns. These may include, but -are not htnited to,
.. •
• • .
ED . The Office of Risk Management and SafetyCity Manager or designee shall have
authority to negotiate the settlement of any nonlitigation claim in an amount not exceeding $5,000
$15,000, provided that a thorough investigation and written report establishes that payment of
such amount is justified, and provided further that any relevant legal issues have been reviewed
by the : Legal Department. All other nonlitigation claims shall be settled
onlyafterwith authorization by the City Council after considering the report and recommendation
of the : _ Legal Department.
c,LCnt W uueu1111.,11L a
HE . The Offtee of Risk Managetnettt and SafetyCity Manager or designee may write
interdepartmental rules detailing the procedures to be followed by all depaitulents to ensure
efficient accomplishment of the nonlitigation claims management function.
2.76$79.020 - Claims Management - Litigation Claims.
A. The Risk Manager shall be the City's appointed agent to receive any claim for
damages against the City under Chapter 4.96 RCW. The Risk Manager may be reached during
the normal business hours of the City at City Hall, 321 East Fifth Street, Port Angeles,
Washington 98362.
B. Service of process in accordance with RCW 4.28.080(2) upon the Mayor, City
Manager, o. the Mayu1's .,1 City Managclb .lc5i6.,ated-agertt or the City Clerk, shall constitute
service on the City. No other City official or employee may accept service of a summons and/or
complaint unless such official or employee is specifically named in the lawsuit, in which event
such City official or employee shall immediately deliver a copy of such process to the City Clerk.
C. Upon accepting service of summons and /or complaint, those persons identified
in subsection A above shall deliver the same to the City Clerk, who shall make appropriate copies
for distribution and shall deliver the original document to the City Attu111cy's Offlk.eLegal
Department and the additional copies to the Offi e of Risk Managenleld and Safi,tyCity Manager
or designee.
cvmw o11c1sn rvlauagclnuu anu �a1uy
lepicscntatl%e. Tilt O$e
pies of the lawsuit
invcS tigatiun of all litigation illvulvi11 t11c Cit Tan d/u1 its uffi,ial� /c111Yluycco in. t11ci1 ufflcia+
capacitic uakss the City's iusulanec 111bJidcs othe1v41sc. All ouch invcotigatuno shall Lc
•
•
•
ucu,u as u1c, agG11[ aua a[ [nc u1
G l.1Ly sttomeya urri cetc(1
cy- c11e11tYt1vtlegc &1dattu111cywu1ky1uduct1ulc. TLeOffiecofRi.kMallagc111cut
attorn ey work produetrulc.
FD . The City Attorney's Offi Legal Department shall retain such outside experts
as necessary for the resolution of litigation claims that are not covered by insurance.
c nlay
tnchldc, Lut ale not lunited tu, ductu1 , w1lahilitation spccialiota, and invcatigatuis, except fu1
Nina 11 clai111s coin t litigation, wl1ic11 gulcially 1a11 Lc11a11dlcd by the Offiw of Rial. Ma11a6 c111c11t
and Safety. The City Annuity's Off-let-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
insurer.
applicable
vestlgatlon, 01 at ally t11ac rcga stta by t11e tray
Attorney's Office, th. Offiec of Risk Management and Safety shall wuduct and u1 wu1 di11alc
H. The - • . •City Manager or designee, upon the
recommendation of the Legal Department, shall have authority to approve
the settlement of any litigation claim in an amount not exceeding $5,000$15 000, 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 afterwith authorization
by the City's insurance representative and by the City Council after considering the report and
recommendation of the City Attoiney's OffwLegal Department.
,all in tain eo u,
,fplLt� luati
ma .b of all law uits
e u ty atla,n
3F . Except as specifically directed by the
City Manager or designee or City Atturney' Offi ,,,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 Off ee of Rsk Ma,rage,,,e „t ill
SafetyCity Manager or designee, City Attuincy's OffaA,Legal Department attorneys, persons
authorized by the Offiec of Risk ManagL,ne„ t and SafctyCity Manager or designee or City
Attumeyb Offee 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 aftc, ;idyl wing the City Attutt,vyb Offcowith approval from the
Legal Department; and,
3. Give written or vt,,ba -}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 City
Legal Department that such a
statement has been requested.
2.76.080.030 - Recovery of Losses.
A. Action for Recovery. Legal action by the City for recovery of losses of $15,000
or less shall be initiated only afterwith authorization by the City Manager, and for losses in excess
of $15,000 by the City Council. The Offec of Risk Ma,iage,ne „t a „d SafLty shall be , cspe„sibh.
fu, grog
ceu,t a�tio „s, a „d the City Atto,,,cyb Offcc Legal Department shall
be responsible for bringing all utl,c, 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 City Attan,cy Offiee
Legal Department may join the City as a party with any third party in a lawsuit involving recovery
of loss to the City.
Wutc u,YLailcpa,tnicnta1 1 dctalmg ti,c Y,ueedu,cs-tu Vc
fu„ct,o,c
B.
•
L
c
caw
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.
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Section 2 - Severability. If any provision of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 3 - Effective Date. This Ordinance shall take 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 14th day of June, 2005.
ATTEST:
Becky J. Up : , Ci Clerk
APP R['OVED AS TO FO
TE' 2- 47
William E. Bloor, City Attorney
PUBLISHED: June 19, 2005
By Summary
G: \Legal Backup\ ORDINANCES &RESOLUTIONS \2005- 26.ClaimsMg nc060605 wpd
June 9, 2005
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Summary of Ordinance Adopted by the
Port Angeles City Council
on June 14, 2005
Ordinance No. 3208
This Ordinance of the City of Port Angeles, Washington, eliminates the Office of Risk
Management and Safety, clarifies and updates certain claims management functions, 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 following the date of publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: June 19, 2005