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HomeMy WebLinkAbout3362• • 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. • 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 -2- • 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 -3- 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