HomeMy WebLinkAboutCity Council - 5301 RESOLUTION NO. 5301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ESTABLISHING A CLAIMS RE-
VIEW COMMITTEE AND ADMINISTRATIVE PROCEDURES
FOR THE PURPOSE OF AUTHORIZING ADJUSTMENT AND
""=LEMENT OF CLAIMS LEGAL ACTIONS AND WORKERS'
COMPENSATION CLAIMS
WHEREAS, the City of Huntington Beach has become partially
self-insured for liability and is a self-insured public entity
for workers ' compensation, and as a result , the city has retained
an independent adjuster and investigation service to administer
the liability claims adjustment program, and the city now ad-
ministers a workers ' compensation benefit adjustment and settle-
ment program; and
For the expedient settlement of liability and workers ? com-
pensation claims necessary to minimize costs to the city, it is
necessary that the staff and adjuster have specified authority
on behalf of the city to enter immediately into settlement agree-
ments without prior authorization of the City Council,
NOW., THEREFORE., BE IT RESOLVED by the City Council of the
City of Huntington Beach, pursuant to Government Code sec-
tions 935. 2., 935. 4 and 949, as follows :
SECTION 1. There is hereby established a Claims Review
Committee of the City of Huntington Beach which shall consist of
three members, or their authorized designees, to wit :
1) City Administrator, who shall serve as chairman;
2) Insurance and Benefits Manager; and
3) City Attorney.
SECTION 2. (a) When it is determined that the city is
partially or fully liable by reason of an incident or accident
resulting in a claim, other than workers ' compensation, against
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the city, the city's Claims Review Committee shall have the au-
thority to settle any claim up to the amount of Fifty Thousand
Dollars ($50,000) .
(b) The Claims Review Committee may, at its discretion,
delegate to the claims adjuster the authority to enter into settle-
ment agreements on claims , other than workers ' compensation, that
do not exceed an amount to be determined by the committee, but in
no instance shall the amount delegated exceed Five Thousand
Dollars ($5000) . This authority may be suspended at any time by
the committee.
(c) The Insurance and Benefits Manager may settle claims ,
other than workers' compensation, in an amount not to exceed One
Thousand Dollars ($1000) .
(d) On proposed settlement of claims , other than workers'
compensation, in which the claims committee cannot reach concur-
rence to settle, as provided in this section, or which amount to
Fifty Thousand Dollars ($50,000) or more, such claims shall be re-
ferred to the City Council for determination.
SECTION 3. Workers ' compensation claims may be settled as
follows:
(a) Claims in an amount not to exceed Seven Thousand Five
Hundred Dollars ($7, 500) may be settled by the Insurance and
Benefits Manager.
(b) Claims over Seven Thousand Five Hundred Dollars ( $7,500)
but not exceeding Thirty Thousand Dollars ( $30,000) shall be
referred by the Insurance and Benefits Manager to the city Claims
Review Committee which committee shall have authority to settle
such claims .
(c) Claims over Thirty Thousand Dollars ($30,000) or more
and claims upon which the Claims Review Committee cannot reach
concurrence to settle shall be referred to the City Council for
determination.
SECTION 4. In the case of all claims settled under the pro-
visions of this resolution, the City Administrator shall, in
2.
writing., request the Chief of Administrative Services to draw a
warrant on the city treasury for the settlement amount . The City
Attorney shall approve as to form agreements of compromise settle-
ment and release prior to payment to a claimant or his attorney.
SECTION 5. The administrative procedure to be followed by
the Claims Review .Committee shall be determined by the committee.
SECTION 6. Resolution No. 4577 and all resolutions in
conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at 004WTTg� meeting thereof held on the22nd
day of August _3 1983.
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
9V, E REVIEWED AND APPROVED: INITI D AP�g D:_
City Administrator— —Chief—of Ad'Ainistr v
lervices
3.
Res. No. 5301
II
STATE OF CALIFORNIA )
I COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
C1drk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 22nd day
of August 1983 by the following vote:
AYES: Councilmen:
Pattinson, Thomas, Kelly, MacAllister
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Bailey, Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California