HomeMy WebLinkAboutCity Council - 5383 RESOLUTION NO. 5383
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
SETTLEMENT 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 or suit, excluding workers' compensation,
II
TE:ahb
5/l/84
5/1/84 1.
against the city, the city' s Claims Review Committee shall have
the authority to settle any claim up to the amount of Fifty
Thousand Dollars ($50,000) .
(b) In accordance with the provisions of Government Code
sections 911. 6 et seq. , the Claims Review Committee may grant or
deny applications to present late claims.
(c) The Claims Review Committee may, at its discretion,
delegate to the claims adjuster the authority to enter into
settlement agreements on claims or suits, excluding workers ' com-
pensation, that do not exceed an amount to be determined by the
committee, but in no instance shall such amount exceed Five
Thousand Dollars ($5,000) . This authority may be suspended at
any time by the committee.
(d) The Insurance and Benefits Manager may settle claims
or suits, excluding workers' compensation, in an amount not to
exceed One Thousand Dollars ($1000) .
(e) On proposed settlement of claims, excluding 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
2.
determination.
SECTION 4 . Upon receipt of a written request from the
Claims Review Committee or Insurance and Benefits Manager, spec-
ifying the amount agreed upon to settle a claim, the City
Treasurer shall cause a warrant to be drawn on the city treas-
ury therefor. The City Attorney shall approve as to form
agreements of compromise settlement and release prior to pay-
ment 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. Resolutions No. 5301, 4577 and all resolutions
in conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of June 1984 .
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWS AND APPROVED:
City Administr for
3.
Res. No. 5383
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF_HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk 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 meeting thereof held on the 4th day
of June , 19 84 by the following vote:
AY
ES: Councilmen:
MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California