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Recommendation to Accept the Semi-Annual Report for the Period of January 1, 2021Through June 30, 2021, 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 61023041 & 61123042)
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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 settled from January 1, 2021 through June 30, 2021. There were 5 liability claims, 2 litigation matters, 3 workers’ compensation matters, and 2 personnel matters 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 (AMC) 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 January 1, 2021 through June 30, 2021, 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 five pre-litigation claims with an average payout of less than $13,907. Two lawsuits were settled during the reporting period, three workers’ compensation cases were settled for an average of $37,348, and two personnel matters were settled. The Report further identifies the approval authority for each line item, namely the City Council, the City Manager, the City Attorney, or the City Risk Manager.
Sunshine Disclosure Report
The Sunshine Ordinance provides that semi-annually the City Attorney present to the City Council: 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 AMC 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 610 [legacy 711] & 611 [legacy 712]).
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the 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 semi-annual report for the period beginning January 1, 2021 through June 30, 2021 on 1) litigation and liability claims settlements, 2) Workers’ Compensation claims settlements, 3) personnel settlements, and 4) whether any records previously withheld from disclosure have now become available to the public.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the recommendation to accept the semi-annual report.
Respectfully submitted,
Elizabeth A. Mackenzie, Chief Assistant City Attorney/Risk Manager
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. Semi-Annual Report
cc: Eric Levitt, City Manager