Chapter 4.36
DAMAGE CLAIMS AGAINST THE CITY Amended Ord. 6210

Sections:

4.36.010    Place for filing claims.

4.36.020    Report and requisites of claim.

4.36.030    City procedure. Amended Ord. 6210

4.36.038    Legal representation.

4.36.040    Procedures mandatory.

4.36.050    Filing claim with city clerk mandatory.

4.36.060    Severability.

4.36.010 Place for filing claims.

Claims for damages against the city, and/or its officers, employees, or volunteers, acting in such capacity, shall be filed with the city clerk, who is hereby appointed the city’s agent to receive claims. The city clerk’s office is located at Bellevue City Hall, 450 110th Avenue N.E., Bellevue, Washington 98004. The clerk’s office is open to the public Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except holidays. The city clerk shall immediately forward copies of such claims to the city attorney and to the city’s risk manager. (Ord. 5674 § 1, 2006; Ord. 5360 § 1, 2002; Ord. 4342 § 1, 1992; Ord. 2695 § 1, 1979; Ord. 2420 § 2, 1977.)

4.36.020 Report and requisites of claim.

All such claims for damages must accurately locate and describe the conduct and circumstances that caused the injury or damage, reasonably describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, state the amount of damages claimed, state the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose, and be verified by the claimant. If the claimant is incapacitated from verifying, presenting, and filing the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed, the claim may be verified, presented and filed of behalf of the claimant by any relative, attorney, or agent authorized to represent the claimant. (Ord. 5360 § 2, 2002; Ord. 2420 § 2, 1977.)

4.36.030 City procedure. Amended Ord. 6210

All damage claims shall be investigated by the risk manager or the risk manager’s designee. Settlement and authorization for payment of such claims shall be as follows:

A. Settlements for $20,000 or less may be paid by the city upon written authorization of the city manager or the city manager’s designee.

B. Settlements exceeding $20,000 may be paid upon authorization of the city council after receiving a report of the city manager.

The council auditor shall audit settlements paid under subsections A and B of this section, and shall report bimonthly to the city council on said settlements. (Ord. 4342 § 2, 1992; Ord. 2695 § 2, 1979; Ord. 2420 § 2, 1977.)

4.36.038 Legal representation.

The city attorney is hereby authorized to hire and retain private attorneys for representation of the city and/or its officers, employees, or volunteers, acting in such capacity regarding any evaluation of or litigation involving damage claims; fees for such services shall be paid from the general self-insurance fund. (Ord. 5674 § 2, 2006; Ord. 4342 § 4, 1992; Ord. 2695 § 4, 1979.)

4.36.040 Procedures mandatory.

No claim for damages against the city and/or its officers, employees, or volunteers acting in such capacity or any part thereof shall be paid, and no money shall be appropriated to pay or satisfy any such claim unless there is compliance with the procedures set forth in this chapter. (Ord. 5674 § 3, 2006; Ord. 2420 § 2, 1977.)

4.36.050 Filing claim with city clerk mandatory.

No action shall be maintained against the city and/or its officers, employees, or volunteers, acting in such capacity for damages arising out of tortuous conduct until 60 days have elapsed after a claim has first been presented to and filed with the city clerk. The requirements of this section shall not affect the applicable period of limitations within which an action must be commenced, except that such period of limitations within which an action must be commenced shall be tolled during the 60-day period after a claim has been presented and filed with the city clerk. (Ord. 5674 § 4, 2006; Ord. 5360 § 3, 2002; Ord. 3751 § 1, 1987; Ord. 2420 § 2, 1977.)

4.36.060 Severability.

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 is not affected. (Ord. 2420 § 2, 1977.)