HomeMy WebLinkAbout33- Administrative Services CIT _ OF SAN BERNARDK - REQUE T FOR COUNCIL ACT N
From: James Robbins Subject: History of claims against the City
Deputy Administrator/Administrative
Dept: Services
Date: December 28 , 1987
Synopsis of Previous Council action:
February 16 , 1987 - Original request for a review of disposition of cases
filed against the City.
April 6 , 1987 - Clarification of what material was being requested.
November 16 , 1987 - Clarification of what material was being requested.
Recommended motion:
Receive and file
Signature
Contact person: Phone:
Supporting data attached:_ Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
Ananrin Itam Nn
C11 . OF SAN BERNARDI►_a - REQUE%oT FOR COUNCIL AC% .ON
STAFF REPORT
This material has been provided in several different formats
and on several occasions; the most recent being the City
Attorney's review at the Council Meeting of December 21,
1987, of all outstanding claims. This report conveys the
information specifically requested November 16, 1987 .
Claims Filed and Settled 1986/87
It is important to understand the approach used by the City,
to-date, regarding claims payment. A claim is assigned in
the year received. The amount paid in a given year is
assigned back to the claim year. Thus, the number of claims
settled in 1986/87 has no relationship to claims filed in
1986/87. The number of claims filed in 1986/87 was 238; a
15. 5% increase over the prior year but 4 . 6% less than the
average for the five years. Some 91 claims were closed in
1986/87 . Twelve of those were settled without payment. The
total cost of settlements was $55, 250. These settlement
costs have been spread over the years shown and cannot be
directly attributed to any one year or claim. They will not
tie to actual cost of a claim or claims shown on the chart of
annual claim cost.
Department/Division Claims & Settlement 1982/87
The attached chart shows by department/division, the number
of claims and total expended in each of the fiscal years
beginning with 1982/83 . This information is good through
November 1987. The City Attorney's Office has all active
files and has not made any input into the program which
generates this report since November. Most claims have a
five to seven year "tail" or time taken for the claim to be
litigated and/or settled. So, by the nature of the activity,
claim costs are usually less for years closest to the
present. The year 1982/83 probably has more expense
outstanding but very little in comparison, for instance, to
1986/87 .
All departments/divisions were contacted and have provided
information regarding ongoing programs to minimize liability
exposure. The coordination and leadership in reducing
liability exposure is a part of Risk Management. Both the
Risk Manager and the Safety Officer develop and monitor
programs in addition to assisting department heads in
maintaining their internal programs. The vacancies of both
the Risk Manager and Safety Officer have resulted in the
current uncoordinated program.
Vehicular safety is a continuing topic in Public Services,
Public Works, Engineering, Police and Fire. Daily check
sheets are completed regarding the safety of the vehicle.
Police employees take classes regarding false arrests and
other face to face cu,,frontation si,.uations with strong
emphasis on reducing personal and City exposure to liability.
Engineering includes in all contracts liability clauses
prepared by the City Attorney's Office. Overall, the
programs are in place to reduce exposure. With the filling
of the Risk Management positions, the occurrence of liability
exposure will be reduced.
Risk Management has suffered from a lack of consistent
leadership over the past year and a half. Strong liability
and safety programs are effective. With the hiring of
qualified leadership, Risk Management will be a strong
deterrent to liability exposure.
December 28 , 1987
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C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
8711-211
TO: Mayor and City Council
FROM: Council Office
SUBJECT: Report on Liability Claims Review
DATE: November 16, 1987 (7260)
COPIES:
-------------------------------------
Councilman Maudsley and I met on Friday, November 13,
and determined we needed additional information before com-
pleting our report to the Mayor and Council. The following
information has been requested from the City Administrator ' s
office:
1. A report on all claims filed and settled in 1986-
87.
2. A chart detailing all claims and settlement by
department showing total costs for each year and
grand total for all years starting 1982-83 to 1986-
87 .
3. A request for any programs currently administered
to prevent or mininize City' s liability.
We will report at a later date on our findings and
recommendations.
ESTHER R. ESTRADA
Councilwoman, First Ward
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