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Recommendation to Accept the Semi-Annual Report for the Period of May 1, 2020 Through December 31, 2020, on 1) Litigation and Liability Claims Settlements, 2) Workers’ Compensation Settlements, 3) Personnel Settlement, and 4) Whether Any Records Previously Withheld from Disclosure Have Now Become Available to the Public. (City Attorney 712)
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To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Attorney’s Office (“CAO”) is submitting this report on the liability, litigation, workers’ compensation, and personnel claims it settled from May 1, 2020 through December 31, 2020. There were seven liability claims, four litigation matters, 22 workers’ compensation matters, and one personnel matter settled during this time period. The CAO further 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 claims settled or resolved by the CAO 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 Alameda Municipal Code Sections 2-91.12(e) and 2-91.8(a).
DISCUSSION
Settlement Report
The Claims, Litigation, Workers’ Compensation, and Personnel Settlement Report (“Settlement Report”), attached as Exhibit 1, covers settlements paid during the period of May 1, 2020 through December 31, 2020, 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.
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 (City) settled a total of seven pre-litigation claims with an average payout of less than $1,171. Four lawsuits were settled during the reporting period, 22 workers’ compensation cases were settled for an average of $44,095, and one personnel matter was settled. The Report further identifies the approval authority for each line item, namely the City Council, the City Manager or the City Attorney.
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 recommended to remain exempt from disclosure.
ALTERNATIVES
• Accept the semi-annual report.
• Do not accept the semi- annual report.
FINANCIAL IMPACT
The funds for these settlements are budgeted in the General Liability and Workers’ Compensation Internal Service Funds (Funds 711 & 712).
MUNICIPAL CODE/POLICY DOCUMENT 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.
CLIMATE CHANGE
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Accept the semi-annual report for the period beginning May 1, 2020 through December 31, 2020 on 1) litigation and liability claims settlements, 2) Workers’ Compensation claims settlements, 3) Personnel Settlement, and 4) whether any records previously withheld from disclosure have now become available to the public.
CITY MANAGER’S RECOMMENDATION
We are monitoring the General Liability Fund specifically. We are evaluating whether we need to come with a budget request for more funding next Fiscal Year for this Fund.
Respectfully submitted,
Montague Hung, Deputy City Attorney/Risk Manager
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. Semi-Annual Report
cc: Eric Levitt, City Manager