HomeMy WebLinkAboutCC RES 09-55
RESOLUTION NO. 09-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CLARIFYING THE AUTHORITY OF
THE CITY MANAGER, THE CITY ATTORNEY, THE
HUMAN RESOURCES DIRECTOR, THE RISK MANAGER,
AND THE CITY COUNCIL TO SETTLE GENERAL AND
AUTOMOBILE LIABILITY CLAIMS
WHEREAS, California Government Code Section 935.4, a portion of the
California Tort Claims Act, allows the City to authorize, by resolution, the delegation of
authority to an employee of a local public entity to allow, compromise and/or settle
claims; and
WHEREAS, by City Council Resolution No. 04-24 passed on February 17, 2004,
the City Council authorized settlement authority in the amount of $10,000 for general
and automobile liability claims; and
WHEREAS, since that Resolution was adopted by the City Council, the position
of Risk Manager has been added under the direction of the Director of Human
Resources, thereby assuming responsibility for the administration of general and
automobile liability claims formerly handled by the Director of Finance; and
WHEREAS, the City Council desires to clarify the authority of the City Manager,
City Attorney, Human Resources Director and Risk Manager to settle such claims and
to further report on significant claims from time to time to the City Council; and
WHEREAS, it is desired to increase settlement authority to $25,000 in line with
current- day settlement authority standards.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, resolves, determines and orders as follows:
1. The City Manager, Human Resources Director or Risk Manager shall have the
authority to settle General and Automobile Liability Claims ("Claims") up to and
including the amount of Five Thousand Dollars ($5,000.00).
2. The City Manager and the Human Resources Director or Risk Manager, by
consensus, shall have the authority to settle Claims in the amount of $5,001.00
up to, and including $10,000.00.
3. The City Manager, City Attorney and the Human Resources Director or Risk
Manager, by consensus, shall have the authority to settle Claims in the amount
of $10,001.00 up to, and including $25,000.00.
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Resolution 09-55
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4. The settlement of Claims in excess of $25,000.00 shall be approved or
authorized by the City Council.
5. The City Manager, City Attorney, Human Resources Director or Risk Manager
shall report periodically to the City Council on Claims that exceed or are
estimated to exceed $100,000.00
6. This City Council Resolution No.09-55 supersedes City Council Resolution
No.04-24.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 15th day of September, 2009.
ATTEST:
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Pamela Stoker,'
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 09-55 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day
of September, 2009, by the following vote:
COUNCILMEMBER AYES: Davert, Amante, Gavello, Nielsen, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
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PAMELA STOK ,
City Clerk
Resolution 09-55
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