[Adopted 2-14-1977 by L.L. No. 1, 1977]
The Town Board of the Town of Orangetown takes cognizance of the fact that there are many small claims against the Town of Orangetown which the Town is morally obligated to pay on the basis of justice or equity. The Town Board further recognizes that the amounts of some of these claims are not worthwhile litigating from the point of view of claimants in view of the legal expenses, time and effort which would be involved. The Town Board is aware that Town Law § 68, Subdivision 4, provides a procedure for certain towns to compromise or settle certain claims where the amount does not exceed $300, which amount is an unrealistic figure in today's economy. Accordingly, under the provisions of the Municipal Home Rule Law §
10, the Town Board is desirous of acknowledging these claims and providing a procedure which will be fair to the claimant and which will simultaneously protect the interests of the Town of Orangetown.
[Amended 2-24-1997 by L.L. No. 1, 1997]
This local law shall apply to claims against the Town of Orangetown
not in excess of $7,500. It shall not apply to claims where there
is a third party claim or an indemnification claim. It shall also
not apply to claims where the statute of limitations has expired.
This local law shall not apply to any claim which is in litigation
unless the action or proceeding is discontinued. It shall apply to
moral, equitable and legal claims against the Town and shall include
refunds for payments made voluntarily or through ignorance or pure
mistake of law. It shall not apply to claims for which the Town of
Orangetown has liability or other insurance.
The claimant shall file a notice of claim in duplicate with
the Town Clerk. The Town Clerk shall then maintain a copy in the permanent
file and shall forward the other copy to the Clerk to the Supervisor.
The Clerk to the Supervisor shall then review the claim and shall
forward a copy or copies to the appropriate department or departments
involved for their comments, recommendations and background. A signed
letter shall be acceptable as a notice of claim.
Any of the official agencies, departments, boards or officials
of the Town may require appropriate documentation, estimates, snapshots,
paid bills, canceled checks or other documentation to substantiate
the claim and may also require affidavits or sworn depositions from
the claimant or other parties in support of the claim.
Upon receiving the aforesaid recommendations and upon receiving
a recommendation from the office of the Town Attorney, the Town Board
may compromise any claim falling within the purview of this local
law. The Town Board is not obligated to compromise any claim regardless
of the recommendations received pursuant to the procedures in this
local law.
This local law shall take effect immediately upon adoption,
filing and publication and posting as provided by law.