HomeMy WebLinkAbout2026 Resolution No. 0071
RESOLUTION NO. 7
SERIES OF 2026
A RESOLUTION DESIGNATING AUTHORITY OF CITY ATTORNEY
TO SETTLE CERTAIN CLAIMS
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 and submits claims for accidents, workers
compensation benefits, property damage, unpaid wages, and other claims; and
WHEREAS, on the 16th day of May, 2022, City Council adopted Resolution No. 21, Series
of 2022, authorizing the City Attorney to settle certain claims on behalf of the City; and
WHEREAS, the scope of authority granted in that resolution has at times been ambiguous
and insufficient; and
WHEREAS, while the decision to resolve and/or settle larger, disputed claims will
continue to 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 establish clear authority and
procedure 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, assertively pursuing claims on behalf of
the City, 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 and by 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 by the City or against the City for a total settlement amount of up to twenty-five
thousand dollars ($25,000.00) of City funds, as long as funds have been budgeted and
appropriated for Risk Management or other applicable purposes.
The above financial settlement authority level is in addition to payments made for management
costs, expert fees, outside legal counsel fees, unpaid wages/benefits (for employee claims), and
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any other costs or expenses related to the claim or litigation, which the City Attorney or City
Manager is authorized to expend as long as funds have been budgeted and appropriated.
This settlement authority does not authorize the City Attorney to institute any lawsuit on behalf
of the City, which shall require specific authority of City Council under Charter § 66. The City
Attorney is, however, directed to ensure the proper defense of every lawsuit filed against the
City, except as (1) such lawsuit may be settled as authorized above or (2) Council directs
otherwise.
Section 3. Settlement Authority in Excess of Staff’s Authority.
The amount of settlement authority requested and received for an individual claim that exceeds
the City Attorney’s settlement authority granted in Section 2 above is confidential and protected
from disclosure by attorney-client privilege, as public disclosure is likely to harm the City’s
negotiating position. Therefore, as long as sufficient funds have been budgeted and appropriated
by City Council, the City Attorney may request and receive settlement authority by either: (1)
contacting each Council Member individually, to request authority (and proceeding to settlement
with approval of, or otherwise failure to object to settlement by, a minimum of four Council
Members); or (2) in the City Attorney’s discretion or at the request of any Council Member,
scheduling an executive session with all of City Council to discuss the matter.
Section 4. Settlement Agreement Oversight, Approvals.
The Mayor shall provide oversight of all settlements by signing all settlement agreements,
pursuant to Charter § 71. The City Attorney also shall notify City Council of all such
settlements, at least monthly.
Section 5. 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. Settlement of such
claims shall comply with the provisions of Sections 1-4 above.
Section 6. Repeal.
Resolution No. 21, Series of 2022 is hereby repealed, and replaced in full by this Resolution.
Section 7. 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
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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 as authorized by EMC § 4-1-3 et seq.
ADOPTED AND APPROVED this 2nd day of March, 2026.
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. 7, Series of 2026.
Stephanie Carlile
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