Chapter 3.20CLAIMS AGAINST CITY

Sections:

3.20.010
Filing of claims – Content.
3.20.020
Invalid claim – Action prohibited.
3.20.030
Risk manager designated.
3.20.100
Claims adjustment.
3.20.110
Issuance of check before city council approval.
3.20.120
Finality.
3.20.150
Severability.
3.20.170
Payrolls and wage claims.

1Editor’s note: Ord. No. 1407, § 1, repealed Ch. 3.20 in its entirety. Section 1(Att.) added a new Ch. 3.20 to read as herein set out. Former Ch. 3.20 pertained to similar subject matter and derived from Ord. 693, §§ 1 – 5, 1975.

3.20.010Filing of claims – Content.

A. All claims for damages against the city shall be filed with the city clerk. The city clerk shall immediately forward copies of such claims to the affected city department for comment, the city’s risk manager and to the city’s risk management service agency.

B. All such claims for damages shall be filed on forms provided by the city, and shall accurately state the time, place, source, nature and extent of the alleged damage, and give the actual residence of the claimant by street and number at the date of presenting such claim and shall be verified by affidavit of the claimant, or such other person as may be authorized by law to verify such claim to the effect that the same is true.

C. No action shall be maintained against the city for any claim for damages until the claim has been properly presented to the city as provided herein. The omission to present any claim for damages against the city in the manner or within any time limits provided by law shall be a bar to any action against the city therefor.

(Ord. 1407 § 1(Att.), 2014)

3.20.020Invalid claim – Action prohibited.

Neither the city council nor any department or officer shall allow, make valid or in any manner recognize any demand against the city which was not at the time of its creation a valid claim against the city; nor shall they, or any of them, allow or authorize to be paid any demands which, without such action, would be invalid or which would have been barred by any statute of limitations, or for which the city was never liable.

(Ord. 1407 § 1(Att.), 2014)

3.20.030Risk manager designated.

The city administrator is hereby designated as the city’s risk manager.

(Ord. 1407 § 1(Att.), 2014)

3.20.100Claims adjustment.

Approval, denial, or settlement and authorization for payment of claims shall be as follows:

A. The city’s designated risk manager shall be authorized to approve, deny or settle all claims for damages up to $2,500.00.

B. All claims for damages which are greater than $2,500.00, but are less than $25,000.00, shall be submitted to the city council, along with report and recommendation from the risk manager, for approval, denial or settlement.

C. All claims which involve bodily or personal injury shall be promptly submitted to the city’s risk management service agency for adjustment, along with information regarding the claim submitted by the affected city department. Claims which do not specify an amount of damages or incidents which may result in the filing of a claim may be submitted to the risk management service agency at the designated risk manager’s discretion.

(Ord. 1407 § 1(Att.), 2014)

3.20.110Issuance of check before city council approval.

In order to expedite the payment of claims for damages, the city risk manager, within the limits of his or her authority set out by this chapter, may authorize the issuance of a check to settle a claim prior to city council review and approval, consistent with the requirements of RCW 42.24.180.

(Ord. 1407 § 1(Att.), 2014)

3.20.120Finality.

The decision of the designated risk manager, city council or the risk management service agency to approve, deny or otherwise settle any claim as provided herein shall be final and conclusive.

(Ord. 1407 § 1(Att.), 2014)

3.20.150Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.

(Ord. 1407 § 1(Att.), 2014)

3.20.170Payrolls and wage claims.

Notwithstanding the foregoing, payroll warrants may be issued and wage claims paid as provided in Chapter 3.12.