CC Resolution 79867986
RESOLUTION NO.
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
PROVIDING FOR THE DELEGATION OF AUTHORITY TO THE CITY
MANAGER AND FINANCE DIRECTOR TO INVESTIGATE AND RESOLVE GENERAL
CIVIL LIABILITY CLAIMS FILED AGAINST THE CITY OF CAMPBELL
WHEREAS, the City of Campbell is a member of ABAG Plan
Corporation, which provides general liability self-insured pooled
insurance far twenty-six member cities in the bay area; and
WHEREAS, City staff need to act on all general liability
claims in a timely manner for their appropriate resolution; and
WHEREAS, the resolution of general liability claims under
$10,000 are considered a ministerial duty of City staff; and
WHEREAS, the City Council shall have ultimate authority
and responsibility for resolving any general liability claims above
$10,000; and
WHEREAS, by endorsing this delegation of authority to City
staff, the City Council, shall be able to concentrate their work on
major civic issues and problems:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Campbell that the City Council shall grant to the City Manager
and Finance Director, the authority to resolve all general liability
claims under $10,000. The City Council shall have ultimate authority
for resolving any general liability clams above $10,000.
PASSED AND ADOPTED this 7th day of August, 1990 by the
following roll call vote:
AYES: Councilmembers: Watson, Conant, Burr, Ashworth
NOES: Councilmembers: None
ABSENT: Councilmembers: Kotowski
APPROVED:
hn J. Ashworth, Mayor
ATTEST:
~I CITY OF CAMPBELL
ADMINISTRATIVE POLICIES AND PROCEDURES
CT:
INSURANCE CLAIMS PROCEDURES
1) PURPOSE
7, 1990
To establish the responsibilities and procedures for handling
damage claims against the City.
2) DISCUSSION
The City is a participant in the ABAG Plan liability insurance
program pool with other cities in the San Francisco Bay Area.
The City has elected to be self-insured for the first $100,000.
The ABAG Plan operates under the direction of a Board of Directors
comprised of one member from each participating jurisdiction with
one alternate member. The Board includes, Counciimembers, City
Managers, City Attorneys, Finance Directors and Risk Managers.
The daily operation is under the direction of a full time Risk
Manager with a staff of insurance investigators.
This policy will outline the legal requirements for denial of
claims against the City as well as determine the levels of
authorization for settlement of the claims.
3) DEPARTMENT AFFECTED
City Manager
City Clerk
Finance
All departments
4) LEGAL REQUIREMENTS
California Government Code, Section 900 et. seq.
5) DEFINITION
Claim for Damaqes: Anon-contractual claim for compensation,
including claims for personal injury, wrongful death, false arrest,
property damage, and/or errors and omissions filed against the
City.
1. Coordinate the handling of the claim.
7, 1990
2. Provide advance information to ABAG Plan of any
potential claims against the City when advised by
operating departments of accidents, injuries, or other
occurrences involving City property.
3. Receive quarterly reports from ABAG Plan and keep City
Manager informed of status of major claims or problem
areas.
4. Provide ABAG Plan with authorization to settle claims (See
Section E).
B. The City Clerk shall:
1. Receive and forward claims to the Finance Director.
2. When served by a process server, shall forward original to
the Finance Department and copies to the affected
departments.
C. All Departments:
CITY OF CAMPBELL
ADMINISTRATIVE POLICIES AND PROCEDURES
INSURANCE CLAIMS PROCEDURES
6) RESPONSIBILITY
A. The Finance Department shall:
1. Department Heads shall instruct all employees to:
a) Promptly notify the Finance Department of all potential
or actual claims involving accidents or other events
relating to City property.
b) Promptly forward all written claims against the City to
the Finance Director.
c) Not make comments that could assume or concede any
liability on the part of themselves as City employees,
or the City, at any time.
d) Not advise claimants on matters relating to any claim
against the City -- except as to claim filing procedure.
~I CITY ~ OF CAMPBELL
ADMINISTRATIVE POLICIES AND PROCEDURES
INSURANCE CLAIMS PROCEDURES (August '7, 1990
7) PROCEDURES
A. Claims must be in writing.
B. Claims may be presented to the City Council for denial. If not
acted upon within 45 days, claim is automatically deemed to be
denied.
C. In denying a claim, the City shall find either:
1. The claim is not a proper charge against the public entity;
2. the amount of the claim is greater than justly due; or
3. the legal liability of the public entity or the amount
justly due is disputed.
D. Provide ABAG Plan with information necessary to investigate
and/or defend against claim.
E. Claims settlements may be approved as follows:
1. City Manager or Finance Director may approve all settlements
up to $10,000 recommended by ABAG Plan after reviewing
details of claim and settlement recommendation.
2. Settlements recommended by ABAG Plan which exceed $10,000
shall be discussed with the City Council.
3. Settlements of claims recommended by ABAG Plan but
questioned by the City Council can be appealed to the ABAG
Plan Claims Committee.
F. Before releasing any payments in settlement of a claim, the
City's representative and/or staff shall obtain a "Release of
All Claims" form (see Sample Attached) from the claimant.
G. Finance Director may approve all charges for services relating
to the investigation and/or settlement of any claim against the
City.