HomeMy WebLinkAbout2009-34 gov claims actRESOLUTION .2009- 34
RESOLUTION OF THE Y COUNCIL OF THE CITY OF UKIAH,
WHEREAS,
1. The California Government Claims Act (Cal. Gov't Code §810 et seq.) requires most claims for money or
damages against the City of Ukiah and its officers and employees to be presented to the City Council within
a specified period of time before a claimant is permitted to file a law spit against the City or its employees
based on the claim (See Gov't Code §905); and
2. It is the obligation of the City Council to act on the claim by rejecting the claim, denying the claim,
allowing the claim in whole or in part, or compromising the claim within 45 days after the claim is presented;
and
3. Gov't Code Section 935.4 authorizes the City Council to delegate to a city employee the authority to
perform these functions of the City Council under the Government Claims Act, provided that the employee
of a general law city cannot allow, settle or compromise a claim for more than $50,000; and
4. The City Council finds that, subject to the limitations in Government Code Section 935.4, claims can be
more quickly and efficiently processed by delegating authority to the City Manager to reject and deny claims
and that the City Council's time is better used, if these functions of the City Council under the Government
Claims Act are delegated to the City Manager;
NOW, THEREFORE, BE IT RESOLVED that the City Council's functions under the California
Government Claims Act to reject and deny a claim filed with the City Clerk under the Government Claims
Act is hereby delegated to the City Manager, provided that the City Manager shall have no authority to
allow, in whole or in part, or compromise a claim.
PASSED AND ADOPTED by the Ukiah City Council on August 19, 2009, by the following roll call vote:
AYES: Councilmember Landis, Thomas, Crane, Rodin, and Mayor Baldwin
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
t ! ! y t l
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JoAnne M. Currie, City Clerk
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Philip E. Baldwin, Mayor