This Chapter shall not be construed to increase or enlarge the
liability of the City in any manner.
The sole purpose of this Chapter is to establish regulations
governing the compromise and settlement of claims and actions against
the City.
(Prior code § 2800; added
by Ord. No. 373CCS, adopted 7/12/55)
The City of Santa Monica shall be self-insured for the first
fifteen thousand dollars of exposure arising out of any one accident
or incident involving the operations of the Santa Monica Municipal
Bus Lines, and exposure of the first ten thousand dollars arising
out of any one accident or incident in the operation of the automotive
equipment belonging to the City and liability arising out of the Public
Liability Act of 1923, as amended from time to time.
(Prior code § 2801; amended
by Ord. No. 831CCS, adopted 4/14/70)
The Risk Manager shall establish a self-insurance fund for each risk mentioned in Section 2.44.020 hereof. The money deposited in each such fund may be expended only for the following purposes:
(a)
Purchase
of excess liability insurance for exposures in excess of fifteen thousand
dollars for the operation of the Santa Monica Municipal Bus Line and
in excess of ten thousand dollars for the operation of other automotive
equipment belonging to the City and liability arising out of the Public
Liability Act.
(b)
Payment
of losses and expenses incident to the self-insurance program.
(c)
Transfer
to budgets of departments rendering services to the self-insurance
program.
(d)
Payment
by way of contract or wages for adjustment services.
(e)
Purchase
of primary coverage should the City Council by resolution determine
to abandon any self-insurance program.
(Prior code § 2802; amended
by Ord. No. 831CCS, adopted 4/14/70; Ord. No. 2119CCS, § 2,
adopted 3/9/04)
The City Attorney shall defend the City, and any excess carrier at its request, for liability arising out of any of the risks set forth in Section 2.44.020.
(Prior code § 2803; added
by Ord. No. 373CCS, adopted 7/12/55)
The City Attorney, or duly authorized assistant or deputy, and
the Risk Manager are hereby authorized to settle or compromise any
liability of the City, whether a claim has been filed as provided
by law or not, in all cases, other than worker's compensation claims,
where the amount necessary to be expended in order to settle or compromise
such claim does not exceed ninety-five thousand dollars, without the
necessity of first receiving the approval of the City Council, and
said City Attorney and Risk Manager in such event are authorized to
request the Director of Finance to draw a demand directly upon the
appropriate self-insurance fund for the payment of such sum. The Risk
Manager is authorized to approve the payment of worker's compensation
settlements up to twenty-five thousand dollars without City Council
approval. Additionally, the City Manager is authorized to approve
the payment of worker's compensation settlements in excess of twenty-five
thousand dollars, and he or she shall notify the City Council of such
settlements. The Director of Finance is authorized to make payments
consistent with the authorization provided in this Section.
(Prior code § 2804; added
by Ord. No. 373CCS, adopted 7/12/55; amended by Ord. No. 1421CCS,
adopted 10/27/87; Ord.
No. 2119CCS § 3, adopted 3/9/04; Ord. No. 2185CCS § 1,
adopted 5/9/06; Ord. No.
2675CCS § 1, adopted 7/13/21)
Any employee or official of the City who is involved in any
accident while acting in the scope of employment or while operating
a City vehicle shall immediately report the same to the City Attorney,
together with a list of all witnesses and other evidence or information
concerning the accident.
(Prior code § 2807; added
by Ord. No. 373CCS, adopted 7/12/55)
Any official or employee of the City who receives information
concerning any accident, incident or injury in which it appears that
the City might be liable, shall make a report to the City Attorney,
together with all pertinent information known to him or her.
(Prior code § 2808; added
by Ord. No. 373CCS, adopted 7/12/55)
