HomeMy WebLinkAbout11 AUTHORITY TO SETTLE GENERAL, EMPLOYMENT, AND AUTOMOTIVE LIABILITY CLAIMSDocusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
MEETING DATE
TO
FROM
Agenda Item 11
AGENDA REPORT Reviewed: InitialQ
City Manager
Finance Director N/A
SEPTEMBER 17, 2024
ALDO E. SCHINDLER, CITY MANAGER
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: AUTHORITY TO SETTLE GENERAL, EMPLOYMENT, AND
AUTOMOTIVE LIABILITY CLAIMS
SUMMARY:
Adoption of the attached Resolution will clarify that the City Manager may appoint a
designee to authorize the settlement of general, employment, and automotive liability
claims.
RECOMMENDATION:
Adopt Resolution No. 24-53 to clarify staff's authority to settle general, employment, and
automotive liability claims up to $50,000.
FISCAL IMPACT:
None.
CORRELATION TO THE STRATEGIC PLAN:
This item correlates to Goal E (Organizational Excellence and Customer Service) by
providing an opportunity to expedite the settlement of claims.
BACKGROUND AND DISCUSSION:
Existing City Council Resolution No. 23-32 authorizes the Director of Human Resources
to settle general, employment, and automotive liability claims ("claims") in an amount up
to and including $25,000 and the Director of Human Resources, City Manager, and City
Attorney, by consensus, to settle claims in an amount over $25,000 and up to and
including $50,000.
This updated Resolution would clarify that the City Manager may appoint a designee to
act on his behalf to settle claims, just as the City Manager may appoint a designee to act
on his behalf to reject claims pursuant to City Council Resolution No. 24-21. Otherwise,
this Resolution would not make any other changes to staff's authority to settle claims.
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
City Council Agenda Report
Authority to Settle General, Employment, and Employment Liability Claims
September 17, 2024
Page 2
DocuSigned by:
a V
Director of Human Resources
Attachment:
1. City Council Resolution No. 24-53
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
RESOLUTION NO. 24-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, INCREASING THE AUTHORITY OF THE DIRECTOR OF HUMAN
RESOURCES, CITY MANAGER, AND CITYATTORNEY TO SETTLE GENERAL,
EMPLOYMENT, AND AUTOMOTIVE LIABILITY CLAIMS
WHEREAS, California Government Code section 935.4, a portion of the California
Tort Claims Act, allows a General Law city to authorize, by resolution, the delegation of
authority to an employee of the local public entity to allow, compromise, or settle claims
against the local public entity; and
WHEREAS, the City Council adopted Resolution No. 04-24 on February 17, 2004,
authorizing staff to settle general and automobile liability claims up to $10,000; and
WHEREAS, Resolution No. 09-55 was adopted on September 15, 2009,
increasing staff's settlement authority to up to $25,000 and updating the job classifications
authorized to settle claims to reflect the City's staffing structure; and
WHEREAS, Resolution No. 23-32 was adopted on June 20, 2023, increasing
staff's settlement authority to up to $50,000, updating the job classifications authorized to
settle claims to reflect the City's staffing structure, and clarifying that settlement authority
also applies to employment claims; and
WHEREAS, the City Council desires to clarify that the City Manager may appoint
a designee to provide authority to settle a claim on their behalf.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin
determines and orders as follows:
The Director of Human Resources is authorized to settle general, employment,
and automotive liability claims ("claims") in an amount up to and including
$25,000.
2. The Director of Human Resources, City Manager (or City's Manager's
designee), and City Attorney, by consensus, are authorized to settle claims in
an amount over $25,000 and up to and including $50,000.
3. Settlement of claims in excess of $50,000 shall be authorized by the City
Council.
4. This City Council Resolution No. 24-53 supersedes City Council Resolution No.
23-32.
Resolution 24-53
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Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 17th day of September 2024.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
FDocuSigned by:
Z'�
DA EE3KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Erica N. Yasuda, 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. 24-53 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 17th day of
September 2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 24-53
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