Title
Recommendation to Accept the Report on Litigation and Liability Claims Settlements; and Make Available Any Documents Which Have Become Disclosable to the Public for the Period January 1, 2018 to June 30, 2018. (City Attorney 7120)
Body
To: Honorable Mayor and Members of the City Council
From: Janet C. Kern, City Attorney
EXECUTIVE SUMMARY
The City Attorney’s Office is submitting this report on the seventeen (17) liability claims and one (1) lawsuit it settled between January 1, 2018 and June 30, 2018. It also reports that there are no closed session minutes or other documents previously withheld as exempt from disclosure that should now be made public.
BACKGROUND
This report identifies the dollar value of litigation and liability claims settled 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.
DISCUSSION
Settlement Report
The attached Settlement Report covers settlements paid during the period of January 1, 2018 to June 30, 2018, 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 seventeen (17) pre-litigation claims with an average payout of less than $2,850.00. One lawsuit was settled during the reporting period.
In addition to the above, the City entered into a Separation Agreement with its former City Manager for $902,109 plus 18 months of dental and health insurance to be paid under COBRA continuation health coverage.
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,
Elena Adair, Finance Director
Exhibit:
1. Litigation and Claims Settlement Report - January 1, 2018 to June 30, 2018