HomeMy WebLinkAbout2022 Resolution No. 0211
RESOLUTION NO. 21
SERIES OF 2022
A RESOLUTION DESIGNATING AUTHORITY OF CITY ATTORNEY TO
SETTLE CLAIMS AGAINST CITY
WHEREAS, City of Englewood Home Rule Charter Section 65 declares City Council
“may authorize the City Attorney to settle claims against the City”; and
WHEREAS, the City of Englewood receives claims for workers compensation benefits,
property damage, and other claims, but authority to pay and/or settle these small claims has not
been clearly delegated to a staff member; and
WHEREAS, while the decision to resolve and/or settle larger, disputed claims should be
reserved to City Council in implementing the City’s dispute resolution policies, in the interest of
efficiency and best practices, City Council desires to provide clear authority to the City Attorney
to settle certain claims without additional City Council action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Claims Resolution Policy.
It is the policy of the City of Englewood to safeguard public funds by assertively defending against
frivolous claims, swiftly resolving claims that have merit, and carefully analyzing the costs and
benefits of a proposed claims resolution where liability is uncertain. Further, the majority of claims
filed against the City can be settled on an administrative level in applying this policy without
individual review by the City Council, and such resolution is an efficient and effective business
practice.
Section 2. Delegation of Authority to Settle and Defend Claims.
Pursuant to Englewood City Charter 65, City Council hereby authorizes the City Attorney to
consider, ascertain, adjust, determine, compromise and settle any individual claim for monetary
damages up to ten thousand dollars ($10,000.00) for which the City or any of its officers,
employees or volunteers may be liable, and may execute settlement agreements therefor, as long
as funds have been budgeted and appropriated for Risk Management purposes.
The above financial settlement authority level does not include payments made for claims,
management costs, litigation expenses and outside legal counsel fees, which the City Attorney
and/or Finance Department is authorized to expend as long as funds have been budgeted and
appropriated for Risk Management purposes.
The compromise and settlement of any individual claim in excess of ten thousand dollars
($10,000.00) requires approval by a majority of the City Council.
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Section 3. Delegation of Authority to Settle and Defend Workers' Compensation
Claims.
The Human Resources Department and/or City Attorney is delegated the authority to oversee the
City's Workers' Compensation program, in conjunction with the City’s Workers’ Compensation
insurance provider. The Human Resources Department and/or City Attorney is authorized to
direct and/or make payments on open Workers’ Compensation claims for which liability is
uncontested, up to and including the City’s Workers’ Compensation insurance deductible, as
long as funds for payment of such claims are budgeted and appropriated.
Section 4. Implementation, Application.
The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City staff are hereby granted
the authority to take all actions necessary to implement the provisions of this Resolution.
This Resolution is solely intended to authorize the settlement by the City Attorney of
formal claims made against the City; nothing herein shall impact the authority of the City
Manger to enter into contracts on behalf of the City.
ADOPTED AND APPROVED this 16th day of May, 2022.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. 21, Series of 2022.
Stephanie Carlile
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