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Recommendation to Accept the Report for the Period of July 1, 2021 Through June 30, 2022, on (1) Litigation and Liability Claims Settlements; (2) Workers’ Compensation Settlements; (3) Personnel Settlements; and (4) Determination on Whether Any Records Previously Withheld from Disclosure Have Now Become Available to the Public. (City Attorney 10023040)
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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 that it settled between July 1, 2021 through June 30, 2022. There were thirteen liability claim settlements, five litigation settlements, and six workers’ compensation settlements. There were no personnel matters settled during this time period. The CAO further reports that it determined in January 2022 and in July 2022 that all closed session minutes should continue to be exempt from disclosure. The CAO further reports that there are not any documents that had previously been exempt from disclosure that are now to be made public.
BACKGROUND
This report identifies the dollar value of claims or cases 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 CAO shall determine whether any closed session minutes should continue to be exempt from disclosure and shall report the same to the City Council. The Sunshine Ordinance also directs the CAO to prepare a list on a semi-annual basis of those documents that have determined to be public after having been previously withheld from disclosure. 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 July 1, 2021 through June 30, 2022, and is broken down into three major categories: liability claims settlements (pre- litigation claims timely presented under the Government Claims Act); settlements executed after the initiation of litigation; and workers’ compensation settlements. As noted above, there were no personnel settlements during this time period.
The Settlement Report is further broken down to include the names of claimants/plaintiffs, a brief description of the loss/injury, the date of the loss/injury, the date of settlement approval, and the amount paid in settlement. During the reporting period, the City of Alameda (City) settled a total of thirteen pre-litigation claims with an average payout of less than $4,100. Five lawsuits were settled during the reporting period with an average of just under $98,000, and six workers’ compensation cases were settled for an average of just under $104,000. There were no personnel matters settled during this time period. The Settlement Report further identifies the approval authority for each line item, namely the City Council or the City Attorney.
Sunshine Ordinance Report
The Sunshine Ordinance provides that the CAO shall determine on a semi-annual basis whether any closed session minutes should continue to be exempt from disclosure based on whether that disclosure would be detrimental to the City. See AMC section 2-91.8. The CAO made a determination in January 2022 and again in July 2022 that that all closed session minutes should continue to be exempt from disclosure because such disclosure would be detrimental to the City.
In addition, pursuant to the Sunshine Ordinance, the CAO shall prepare on a semi-annual basis a list of those documents that have been determined to be public after such documents had been previously determined unavailable to the public. See AMC section 2-91.12(e). No documents were made public after being privileged and unavailable to the public during the time period of July 1, 2021 and June 30, 2022, so therefore the CAO has not prepared a list.
ALTERNATIVES
• Accept the report.
• Do not accept the report.
FINANCIAL IMPACT
The funds for these settlements were budgeted in the General Liability and Workers’ Compensation Internal Service Funds (Funds 611 and 610). No additional appropriations are required for the settlements.
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 report for the period covering the time period between July 1, 2021 and June 30, 2022 on addressing the following: (1) litigation and liability claims settlements; (2) workers’ compensation claims settlements; (3) personnel settlements; and (4) the CAO’s determination whether any records previously withheld from disclosure have now become available to the public.
Respectfully submitted,
Elizabeth A. Mackenzie, Chief Assistant City Attorney/Risk Manager
Financial Impact section reviewed,
Margaret L. O’Brien, Finance Director
Exhibit:
1. Report
cc: Nancy Bronstein, Interim City Manager