Town of Johnston, RI Chapter 13 Claims

[HISTORY: Adopted by the Town Council of the Town of Johnston 6-10-2002 by Ord. No. 2002-11. Amendments noted where applicable.]

§ 13-1 Claims submitted to Town Council.

A. Any and all claims for damages asserted by any aggrieved party shall be presented to the Town Council at any regular meeting thereof.

B. Any claim properly filed with the Clerk shall be docketed within 45 days of its presentation to the Clerk.

§ 13-2 Referral to Solicitor.

A. Any and all claims made hereunder shall be referred to the office of the Town Solicitor for opinion and recommendations as to approval, compromise and/or denial.

B. Upon request by the Town Solicitor, the appropriate Town department or agency shall investigate and report its findings with regard to any such claim.

C. With the exception of those claims compromised pursuant to the authority conferred by § 13-3 hereunder, the Town Solicitor shall provide an opinion and recommendation as to approval, compromise or denial of all claims referred in accordance with Subsection A hereof.

D. The aforementioned opinions and recommendations of the Solicitor are advisory in nature and do not constitute binding action upon the Town of Johnston.

§ 13-3 Authority to compromise claims.

A. The Town Solicitor is hereby authorized and empowered to compromise and settle claims against the Town for damages and injuries resulting from, or occasioned by, the negligent acts or omissions of the Town, its officers, agents, or employees without prior approval of the Mayor, the Town Council, or any committee or subcommittee of the Town. The authority conferred herein shall apply to any claim made against the Town and any actions commenced before any court or quasi-judicial body of competent jurisdiction; provided, however, that no settlement or compromise of any such claim or action may exceed the sum of $1,000.

B. The Town Solicitor shall report any compromise(s) or settlement(s) made pursuant to this chapter to the Mayor and the Town Council on a monthly basis subsequent to any exercise of the authority conferred herein.

§ 13-4 Form of claims.

A. All claims made pursuant to this chapter shall be submitted to the Town Clerk on a form substantially similar to the following.[1]

[1] Editor's Note: The Claim for Damages Form is included as an attachment to this chapter.

B. The form provided in Subsection A may be amended or modified by the Town Clerk.

C. If any person shall incur damage to their motor vehicle by reason of a pothole on any highway, causeway, street or bridge of the Town of Johnston, which damage would not have occurred without the existence of the pothole, the person may recover from the municipality the amount of damages sustained up to and not more than the sum of $300; provided, however, that the Town of Johnston had reasonable notice of the pothole, or may have had notice thereof by the exercise of proper care and diligence on its part, and a reasonable opportunity to repair the pothole. All claims shall be made within a period of seven days from the date on which the damage was sustained by filing a claim pursuant to Subsection A along with a police report with respect to the occurrence of such damage.

[Added 7-10-2023 by Ord. No. 2023-8]

D. If any person shall incur damage to their sprinkler system or equipment that is at least four feet off the road due to the fault of the Town, such claim shall be filed pursuant to Subsection A. In no event shall the Town be responsible for damages to any sprinkler system or equipment that is located on a Town easement or within four feet of a Town easement.

[Added 7-10-2023 by Ord. No. 2023-8]

E. If any person shall incur damages in accordance with § 212-2 of this Code, such claim shall be filed pursuant to Subsection A.

[Added 7-10-2023 by Ord. No. 2023-8]