Table of Contents: Chapter 4
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411 LITIGATION MANAGEMENT
411.1 Purpose
To satisfy the requirements of the City's insurance carriers, to expedite the processing of claims, and to determine claim liability.
411.2 Lawsuits
The City Attorney is the designated representative authorized to accept service of process on behalf of the City, as well as the Mayor and members of the City Council. The City Attorney shall accept legal process on behalf of each of these parties and shall acknowledge on the face of the document the date and time served.
An employee who is approached regarding service of a lawsuit petition and/or summons shall refer the process server to the City's Law Department.
Once served with legal process, the City Attorney shall:
- Forward a copy to the City Manager;
- Forward a copy to the Mayor and City Council, if named in the petition and/or summons;
- Forward a summons or petition to the Department Directors, and/or employees with a need to know;
- Prepare or cause to be prepared a Litigation Hold Notice to be forwarded to individuals within the City with a need to know;
- Notify the Assistant City Attorney/Risk Manager for processing and handling of the claim in accordance with the Risk Management Policy and Procedure in effect at the time.
- Maintain or cause to be maintained a litigation file on all lawsuits and assist outside counsel in requesting information from appropriate employees.
411.3 Claims
Claims Administration Procedure
All claims made against the City for property or liability loss or damage shall be made and processed in accordance with the following procedures:
i. Claimant shall obtain and complete the City's official Comprehensive Claim Report Form, available through the Assistant City Attorney/Risk Manager, located in the City's Law Department. Any employee receiving notice of a claim or potential claim shall refer the individual to the Assistant City Attorney/Risk Manager.
ii. Claimant shall file the completed Comprehensive Claim Report Form with the Assistant City Attorney/Risk Manager. Filing may occur in person, by mail, by e-mail, or by fax.
iii. The Assistant City Attorney/Risk Manager shall review and process the claim internally or in conjunction with the City's insurer or other authorized representative, as deemed necessary or appropriate in order to facilitate investigation and resolution of the claim.
iv. The Assistant City Attorney/Risk Manager shall be responsible for processing and handling all aspects of claims for property and liability loss or damage, including communications with claimants, employees, insurance companies, consultants, and outside counsel.
v. All communications regarding filed claims and claim status shall first be directed to the Assistant City Attorney/Risk Manager, located in the Law Department. City Staff members who are approached regarding filed claims shall direct the inquiry to the Assistant City Attorney/Risk Manager.
vi. During the investigation process, additional information requests may be submitted to City Staff members. City Staff members shall cooperate with the Assistant City Attorney/Risk Manager and provide timely responses to these requests in order to maximize the efficiency of the risk management program.
vii. Questions or concerns regarding whether an individual is authorized to speak to a Claimant on behalf of the City, or whether the Claimant should respond to inquiries made should be directed to the Assistant City Attorney/Risk Manager.
411.4 Indemnification Policy
Legal representation shall be provided by the City as outlined in the most current Indemnification Policy approved by the City Council.