Title
Recommendation to Accept the Quarterly Report for the Period Beginning July 1, 2018 through December 31, 2018, on 1) Litigation and Liability Claims Settlements, and 2) Whether Any Records Previously Withheld from Disclosure Have Now Become Available to the Public. (City Attorney 7120)
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To: Honorable Mayor and Members of the City Council
From: Michael H. Roush, Interim City Attorney
EXECUTIVE SUMMARY
The City Attorney’s Office is submitting this report on the seventeen (17) liability claims and two (2) lawsuits it settled between July 1, 2018 and December 31, 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 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 Claims and Litigation Settlement Report (Settlement Report), attached as Exhibit 1, covers settlements paid during the period of July 1, 2018 to December 31, 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 of Alameda (the City) settled a total of 17 pre-litigation claims with an average payout of less than $3,000. Two lawsuits were also settled during the reporting period.
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) pursuant to CEQA Guidelines section 15061(b)(3) as there is no possibility that this action may have a significant effect on the environment.
RECOMMENDATION
Accept the quarterly report for the period beginning July 1, 2018 through December 31, 2018, on 1) litigation and liability claims settlements, and 2) whether any records previously withheld from disclosure have now become available to the public.
Respectfully submitted,
Michael H. Roush, Interim City Attorney
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Claims and Litigation Settlement Report