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HomeMy WebLinkAbout27- Administrative Services C11 r OF SAN BERNARDL.O - REQUE..oT FOR COUNCIL AC'. 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: CITY OF SAN BERNARDIQO - REQU FOR COUNCIL ACON 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 1986187 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. Su, 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 confrontation situations 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. -- -- - -- •,„ 1 n n-7 MUNk w F <I C) c o r1 M c r Crn lD rn � � � y 0 .1 N N N O M O M N �o m N co N E U M N r M co 00 M OD Vl �D r a, r1 �D 1.4 M r N N .--1 In 00 OD 00 Ln CO -4 CO N Lf1 m 11 r C� a) co r C1 Lr) N d' N E-1 M Ln — lD Vl lD N �T Lr) r 14 r- 0 m N C' •'--1 M - H N r 00 I r �o Lr) rn N rn N O M C N C' M O O U•) lD W M L Co C %.0 OD _ - _ N u'' M O 1�0 N N M rl 1-1 CT N r•i ID In lD O W O M M M M d' Lr) O 1 1 a) N O r M OD C� m 00 M M V) �D O O CD .--1 r-1 lD .-1 rn c d' r r-1 1 CC) - I 1 - _ _ _ - _ _ - - '^I N N N 00 U E O U E-1 lf1 N r lD M to ID C' N r C' C) to z 00 1 m In Lr) ID O -13, �o M Ul M M W r 1 O Lfl N 00 kD N O r 00 O U') r N Oo qT I • [a t] C1 C OC M V L. 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E -.1 .a �4 w N 0+ .Q �4 •14 �4 �4 L1 .0 ro H a ro c o v r c a ro a 4.3 ro a -4 >a e U y RC w w x w w w a m cn c7 a a H a ' w j 0 r C I T Y OF S A N B E RNA R D I N 0 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 ERE:jv