Title
Recommendation to Accept: 1) the Report on Litigation and Liability Claims Settlements, and 2) Availability of Any Documents Which Have Become Disclosable to the Public for the Period October 1, 2016 to December 31, 2017. (City Attorney 7120)
Body
To: Honorable Mayor and Members of the City Council
From: Janet C. Kern, City Attorney
Re: Recommendation to Accept: 1) the Report on Litigation and Liability Claims Settlements, and 2) Availability of Any Documents Which Have Become Disclosable to the Public for the Period October 1, 2016 to December 31, 2017
BACKGROUND
This report identifies the dollar value of litigation and liability claims settled or resolved by the City Attorney’s Office during the above reporting period. These settlements were previously approved either by City Council in closed session or by the City Attorney within authority limits previously delegated by the City Council. This report serves as public disclosure as to the settlement amounts and the individual claim or litigation from which the settlements stemmed.
The Sunshine Ordinance provides that semi-annually the City Attorney present to the City Council: (a) a list of documents that have been determined to be public after such documents have previously been determined to be privileged and unavailable to the public; and (b) determine whether any closed session minutes should continue to be exempt from disclosure (“Sunshine Disclosure Report”). See Sections 2-91.12 (e) and 2-91.8 (a), Alameda Municipal Code.
DISCUSSION
Settlement Report
The attached Claims and Litigation Settlement Report (“Settlement Report”) attached as Exhibit 1 has been re-worked with the goal of ensuring more transparency. The City Attorney’s Office’s practice is to submit the Settlement Report on a semi-annual basis concurrent with the Sunshine Disclosure Report. The prior iteration of the Settlement Report, however, was delayed as staff re-worked the format to provide greater clarity. Going forward, the semi-annual Sunshine Disclosure Report and the Settlement Report will be presented to City Council during the months of July and January.
The Settlement Report covers settlements paid during the period of October 1, 2016 - December 31, 2017 and is broken down into two major categories; liability claims settlements (pre-litigation claims timely presented under the Government Claims Act) and settlements executed after the initiation of litigation.
The Settlement Report is further broken down to include the names of claimants/plaintiffs, a brief description of the incident, the date of the incident, the date of payment and the amount paid in settlement. During the reporting period, the City settled a total of twenty-seven pre-litigation claims with an average payout of less than $3,000.00. A total of six lawsuits were settled during the reporting period. Four of the six lawsuits settled for $25,000 or less with a total average payout of less than $74,000.
Sunshine Disclosure Report
The Sunshine Ordinance provides that semi-annually the City Attorney present to the City Council: (a) a list of documents that have been determined to be public after such documents have been previously determined to be privileged and unavailable to the public; and (b) determine whether any closed session minutes should continue to be exempt from disclosure because disclosure would be detrimental to the City. See Alameda Municipal Code, Sections 2-91.12 (e) and 2-91.8 (a). Other than the information in the attached Settlement Report, there are no other documents to be made public. Moreover, disclosing closed session minutes continues to be detrimental to the City and, therefore, those minutes are to remain exempt from disclosure.
FINANCIAL IMPACT
The funds for these settlements are budgeted in the Risk Management Internal Service Fund (Fund 712).
MUNICIPAL CODE/POLICY DOUCMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code, specifically the Sunshine Ordinance (AMC Sections 2-90 et seq.).
ENVIRONMENTAL REVIEW
This action is not a project for the purposes of the California Environmental Quality Act (CEQA) under CEQA guidelines section 15061(b)(3) as there is no possibility that this action may have a significant effect on the environment.
RECOMMENDATION
This report is offered for informational purposes only.
Respectfully submitted,
Janet C. Kern, City Attorney
Financial Impact section reviewed,
Edwin Gato, Acting Finance Director
Exhibit:
1. Claims and Litigation Settlement Report - October 1, 2016 to December 31, 2017