HomeMy WebLinkAboutItem 4.11 Gen Liability Claims
STAFF REPORT CITY CLERK
File #170-10
CITY COUNCIL
DATE:September 18, 2012
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Resolution Rescinding Resolution No. 53-02 and Establishing Staff Authority to
Act on General Liability Claims.
Prepared by Julie E. Carter, Human Resources Director
EXECUTIVE SUMMARY:
The City Council approved the adoption of revisions to the City’s purchasing Ordinance on
August 21, 2012. In order to provide for consistency between purchasing and settling authority
it is necessary to amend the Resolution that establishes the City Manager’s authority to act on
general liability claims.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt Resolution Establishing Staff Authority to Act on General Liability Claims.
Submitted By Reviewed By
Human Resources Director Assistant City Manager
DESCRIPTION:
The City of Dublin has participated as a Charter Member in the Association of Bay Area
Governments Pooled Liability Assurance Network since 1986.
Part 3 of Division 3.6 of Title 1 of the California Government Code (Sections 900 et seq)
imposes certain enumerated duties upon the City Council relating to claims for money or
damages which are presented to the City.
Pursuant to California Government Code Section 935.4, the Dublin City Council has by
Resolution (Resolution No. 53.02) authorized the City Manager or his/her designees the
authority to perform on behalf of the City Council the duties imposed upon the City Council by
California Government Code Section 900 et seq, relating to claims for money or damages.
ITEM NO. 4.11
Page 1 of 2
Since 2002, the City Council has delegated claims settlement authority up to a maximum of
$20,000 per occurrence to the City Manager because the processing and settlement of certain
claims can most efficiently be considered a ministerial responsibility of the City Manager or
his/her designee
.
Based on recent revisions to the City’s purchasing Ordinance, a review of recent claims history,
and the rate of inflation over the past 10 years Staff is recommending that the City Council
authorize an increase to the settlement authority limit to $45,000.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None
ATTACHMENTS:
1. Resolution Rescinding Resolution No. 53-02 and Establishing Staff
Authority to Act on General Liability Claims
Page 2 of 2
RESOLUTION NO. – 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
RESOLUTION RESCINDING RESOLUTION NO. 53-02 AND ESTABLISHING STAFF AUTHORITY
TO ACT ON GENERAL LIABILITY CLAIMS
WHEREAS, the City of Dublin has participated as a Charter Member in the Association of Bay Area
Governments Pooled Liability Assurance Network (ABAG PLAN); and
WHEREAS, since 1986 ABAG PLAN has provided self-insured general liability coverage to the City of
Dublin; and
WHEREAS, Part 3 of Division 3.6 of Title 1 of the California Government Code (Sections 900 et seq)
impose certain enumerated duties upon the City Council relating to claims for money or damages which are
presented to the City; and
WHEREAS, California Government Code Section 935.4 permits a City Council by resolution to
authorize a City employee to perform the functions of the City Council relating to such claims; and
WHEREAS, the processing and settlement of certain claims can most efficiently be considered a
ministerial responsibility of the City Manager or his/her designee; and
WHEREAS, the City Council is desirous of amending the City Manager’s settlement authority as stated
in Resolution 53-02.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
rescind City of Dublin Resolution No. 53-20 in its entirety.
BE IT FURTHER RESOLVED that the City Manager or his/her designee is hereby authorized to
perform on behalf of the City Council the duties imposed upon the City Council by California Government Code
Section 900 et seq, relating to claims for money or damages. In accordance with Section 935.4, the claims
settlement authority, which the City Council does hereby delegate to the City Manager or his/her designee, shall
not exceed $45,000 (forty five thousand dollars).
BE IT FURTHER RESOLVED that the Fiscal Officer of the City of Dublin shall be authorized to pay all
claims which are settled within the limits presented within this resolution and in accordance with State Law.
th
PASSED, APPROVED AND ADOPTED this 18 day of September, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk