Title
Recommendation to Accept the Annual Report on the City’s Settlements for the Period of July 1, 2023 through June 30, 2024, including 1) General Liability Claims and Litigation Settlements, 2) Workers’ Compensation Settlements, and 3) Personnel Settlements; and Related Closed Session Disclosure Report. (City Attorney 10023040)
Body
To: Honorable Mayor and Members of the City Council
From: Yibin Shen, City Attorney
EXECUTIVE SUMMARY
Consistent with longstanding practice, the City Attorney’s Office (“CAO”) respectfully submits its Annual Report on the City’s settlements from July 1, 2023 through June 30, 2024. The settlements include thirty-one (31) general liability claims, eleven (11) litigation matters, thirty-seven (37) workers’ compensation matters, and two (2) personnel matters settled during this time period. As required by the Sunshine Ordinance, the CAO further reports that there is no closed session material previously withheld as exempt from disclosure that could now be made public.
BACKGROUND
This report identifies the dollar value of matters settled from July 1, 2023 through June 30, 2024. These settlements were previously approved either by City Council in closed session or by Staff (the City Attorney, City Manager, or Risk Manager) within authority limits previously delegated by the City Council. Additionally, settlements may also be approved by the City’s excess risk carrier, California Joint Powers Risk Management Authority (CJPRMA), when the amount of the settlement exceeds the City’s self-insured retention (commonly known as the insurance policy deductible). The Sunshine Ordinance further authorizes the City Attorney to regularly review and present to the City Council a list of confidential closed-session materials that can be disclosed to the public. Consistent with past reports, none are being presented here.
DISCUSSION
Settlement Report
The Claims, Litigation, Workers’ Compensation, and Personnel Settlement Report (“Settlement Report”), attached as Exhibit 1, covers settlements consummated during the period of July 1, 2023 Through June 30, 2024, and is broken down into four major categories: liability claims settlements (pre-litigation claims timely presented under the Government Claims Act), settlements executed after the initiation of litigation, workers’ compensation settlements, and personnel settlements.
During the reporting period, the City of Alameda settled a total of thirty-one pre-litigation claims, eleven lawsuits, thirty-seven workers’ compensation cases, and two personnel matters. The Report further identifies the approval authority for each settlement, namely the City Council, the City Manager, the City Attorney, the City Risk Manager, or CJPRMA.
Closed Session Disclosure Report
The Sunshine Ordinance authorizes the City Attorney to present to the City Council a list of confidential closed-session materials that can be disclosed to the public. The City Attorney’s Office finds no such documents to be made public. Disclosing confidential closed session materials continue to be detrimental to the City and prohibited by State law.
ALTERNATIVES
• Accept the Annual report.
• Do not accept the Annual report.
FINANCIAL IMPACT
The funds for these settlements were budgeted in the City’s funds, including the General Liability Fund, the Workers’ Compensation Fund, the Base Reuse Fund, AMP funds, and the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code (AMC), specifically the Sunshine Ordinance (AMC Sections 2-90 et seq.).
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Accept the Annual Report on Legal Settlements for the period beginning July 1, 2023 Through June 30, 2024 and related closed session disclosure report.
Respectfully submitted,
Hannah Nead, Deputy City Attorney / Risk Manager
Rina Winston, Paralegal
Financial Impact section reviewed,
Margaret O’Brien, Interim Finance Director
Exhibit:
1. Settlement Report