HomeMy WebLinkAbout04 SETTLEMENT AUTHORITY - LIABILITY CLAIMS 02-17-04
Agenda Item
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AGENDA REPORT
Reviewed: ~
City Manager
Finance Director
MEETING DATE:
February 17, 2004
TO:
William A. Huston, City Manager
FROM:
Ronald A. Nault, Finance Director
SUBJECT:
Liability Claims Settlement Authority
SUMMARY:
The City has followed an administrative policy for settlement authority with the same limits as
detailed in the proposed Resolution for many years. Resolution No. 04-24 will codify the
appropriate limits as adopted by the City Council.
RECOMMENDATION:
That the City Council adopt Resolution No. 04-24 clarifying the authority of the City Manager,
the City Attorney, the Finance Director and the City Council to settle general and automobile
liability claims.
FISCAL IMPACT:
None.
DISCUSSION:
Resolution No. 04-24 simply formally adopts an administrative policy that has been followed by
the City Manager, City Attorney and Finance Director for many years. The formal adoption of
settlement authority is a practice recommended by the Board of the City's insurance JPA, the
California Insurance Pool Authority (CIPA).
ctor
Attachment
RAN :LiabilityClai msSettlementAuthorityResolutionO4-24StaffReport. doc
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RESOLUTION NO. 04-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CLARIFYING THE AUTHORITY OF THE CITY MANAGER,
THE CITY ATTORNEY, THE FINANCE DIRECTOR, AND THE CITY
COUNCIL TO SETTLE GENERAL AND AUTOMOBILE LIABILITY CLAIMS
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WHEREAS, since 1991, the City has been following a Claims Administration
Procedure for the review, presentation, and settlement of General and Automobile Liability
Claims; and
WHEREAS, the City Council desires to clarify the authority of the City Manager,
City Attorney, and Finance Director to settle such claims in accordance with the Claims
Administration Procedure and to further report on significant claims from time to time to the
City Council.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, resolves, determines and orders as follows:
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1.
The City Manager, City Attorney, and Finance Director shall
have the authority to settle General and Automobile Liability
Claims ("Claims") up to and including the amount of Ten
Thousand Dollars ($10,000.00) as follows:
(a) The Finance Director or City Manager may settle
Claims up to, and including $1,500.00;
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(b) The Finance Director and City Manager may settle
Claims in the amount of $1,501.00 up to, and
including $5,000.00;
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2.
The City Manager, City Attorney, and Finance
Director, by consensus, may settle Claims in the
amount of $5,001.00 up to, and including $10,000.00.
The settlement of Claims in excess of $10,000.00 shall be
approved or authorized by the City Council.
(c)
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The City Manager, City Attorney or Finance Director shall
report periodically to the City Council on Claims that exceed
or are estimated. to exceed $100,000.00.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 17th day of February, 2004.
3.
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TONY KAWASHIMA, MAYOR
ATTEST:
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PAMELA STOKER
CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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RESOLUTION NO. 04-24
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Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does 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 was passed and adopted
at a regular meeting of the City Council held on the 17th day of February, 2004 by the
following vote:
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COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
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PAMELA STOKER
City Clerk
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RES: Resol ullon04-2 4Liabil IlyCla 1 msSettlementAuthorily .doc
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