Prior History: Rev. Code 1954 § 3100 - 3102, 3110 - 3112; O2082, O2791, O4077, O2001 21.
"Compromise and Release (C&R)"
means a settlement agreement that fully resolves a workers' compensation claim.
"Industrial Disability Retirement (IDR)"
means a retirement available to safety members who are substantially incapacitated from performing the usual duties of his or her position due to a job-related illness or injury.
"Stipulated Findings and Award"
means a type of workers' compensation settlement where both the injured worker and the insurance company agree on specific facts regarding the case, such as the disability rating, work-relatedness of the injury, and any apportionment.
(O2025-003, 4/1/2025)
The general claims procedures applicable to local public agencies, including this City, are governed by the provisions of Title 1, Division 3.6, Part 3, Claims Against Public Entities (commencing with Section 900), of the California Government Code.
(O2025-003, 4/1/2025)
Any claims against the city for money, damages, or a refund that is exempted under Section 905 of the Government Code must comply with the claims presentation requirements of the Tort Claims Act. Claims not governed by other statutes or ordinances specifically addressing them, shall be governed by this chapter. Claims against the City of Napa are subject to the provisions of Government Code Section 911.2. Any claim not filed within that period shall be time-barred.
A. 
Claims against the City of Napa shall be filed with the City Clerk, and the claim must conform to the requirements of Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and shall be in writing on a form prescribed by the City.
(O2025-003, 4/1/2025)
The City shall process and take action upon a claim submitted pursuant to this chapter, pursuant to the requirements of the Government Code, within forty-five days of its filing with the City Clerk. If the City fails to do so, the demand or claim shall be deemed to have been rejected on the last day of the period within which the City was required to act. Action by the City shall be subject to the provisions of Section 912.4 of the Government Code.
(O2025-003, 4/1/2025)
No lawsuit may be brought against the city on any cause of action for which a claim must be filed under this chapter until the claim has been filed with the City Clerk as required by this chapter and has been acted upon by the City or has been deemed to have been rejected. Any action brought against the City on such a claim shall be subject to the provisions of the Government Code. Only the person who filed the claim may bring such a lawsuit, and if another person should do so, judgement shall not be rendered for the plaintiff.
(O2025-003, 4/1/2025)
Any such claim challenging the payment of a tax, fee, assessment or claiming a refund of a tax or other charge for any reason, shall be filed solely by the person paying the tax or his or her guardian, conservator or the executor of his or her estate. No claim may be filed on behalf of other taxpayers or a class of taxpayers. Such claims shall be presented and processed as otherwise provided in the Napa Municipal Code.
(O2025-003, 4/1/2025)
The City Manager and Risk Manager are authorized to perform these functions relating to consideration of Government & Worker's Compensation claims.
A. 
The City Manager or the City Manager's designee is authorized to allow, compromise, or settle Government Tort Claims and Workers' Compensation including Compromise and Release settlement claims against the City if the amount to be paid pursuant to the allowance, compromise or settlement does not exceed $200,000 dollars.
1. 
The City Manager with consultation from the Risk Manager and/or Human Resources Director, has full discretionary authority to allow, compromise, or settle all stipulated findings and awards provided the additional expenditure, in addition to any expenditure authorized under Section "A" above.
B. 
The Risk Manager is authorized to allow, compromise, or settle Government Tort Claims and Worker's Compensation claims, including any stipulated findings and awards, as well as Compromise and Release settlements against the City if the amount paid pursuant to the allowance, compromise, or settlement does not exceed $20,000.
C. 
The Human Resources Director is authorized to allow, compromise, or settle any Worker's Compensation claims, including any stipulated findings and awards, as well as Compromise and Release settlements, provided the amount does not exceed $50,000.
D. 
The City Attorney is authorized to allow, compromise, or settle Government Tort claims against the City, with the City Manager's concurrence, if the amount to be paid pursuant to the allowance, compromise, or settlement does not exceed $50,000 dollars.
E. 
The City Manager, Assistant City Manager, Risk Manager and Human Resources Director are collectively authorized to allow, compromise, or settle in whole or in part any action against the City for money or damages in an amount not to exceed $200,000, with the City Attorney's approval of any release as to form.
F. 
For all Government Tort claims, and Worker's Compensation claims not able to be settled pursuant to "A" through "E" of this section, the City Council may discuss in closed session, together with a recommendation that such claim be approved, compromised, further investigated, or denied.
City Manager
Government Tort Claims - $200,000
Worker's Compensation Settlements
• Compromise and Release - $200,000
• Stipulated Findings and Awards - Unlimited (new money cannot exceed $200,000)
Risk Manager
Government Tort Claims - $20,000 Worker's Compensation Settlements
• Compromise and Release - $20,000
• Stipulated Findings and Awards - $20,000
Human Resource Manager
Worker's Compensation Settlements
• Compromise and Release - $50,000
• Stipulated Findings and Awards - $50,000
City Attorney (with City Manager's Concurrence)
Government Tort Claims - $50,000
(O2025-003, 4/1/2025)
The Human Resources Director and/or Risk Manager shall provide periodic reports to the City Council regarding all settlements approved under this section. Such reports shall include the cause of action, the settlement amount, and any other relevant details, as permitted by applicable law.
(O2025-003, 4/1/2025)
The City Council has delegated authority to the City Manager to exercise the authority and duty conferred or imposed on the City Council under the Disability Retirement requirements of the Public Employees' Retirement Law (see California Government Code Sections 21150 through 21203, particularly Section 21173).
The City Manager's authority under this resolution shall include the authority to:
A. 
Make applications on behalf of the City to the CalPERS Board, for disability retirement of any City employee who is a member of CalPERS (see California Government Code Section 21152(c) );
B. 
Make determinations, based on medical examination, competent medical opinion, and other available information, regarding the eligibility of a particular employee to retire for disability, or to be reinstated from a disability retirement (including the determinations set forth in California Government Code Sections 21154, 21156, 21166, 21192); and
C. 
Appoint a physician or surgeon to examine employees that are the subject of a determination for disability retirement, or reinstatement from a disability retirement
The City Council has authorized the City Manager to make a written delegation of authority to a qualified City employee to exercise the City Manager's authority under this Section (2.104.090 - Industrial Disability Retirements).
(O2025-003, 4/1/2025)