Chapter 3.84
CLAIMS FOR DAMAGES
Sections:
3.84.010 Place for filing claims.
3.84.020 Requisites of a claim for damage or relief.
3.84.040 Procedures mandatory.
3.84.050 Filing claim with city clerk mandatory.
3.84.060 Settlement of damage or injury claim.
3.84.010 Place for filing claims.
(1) Claims for damages against the city and/or its officers, employees, or volunteers, acting in such capacity, shall be filed with the city clerk or designee, if city clerk is unavailable, who is hereby appointed the city’s agent to receive claims. The city clerk’s office is located at Oak Harbor City Hall, 865 SE Barrington Drive, Oak Harbor, Washington 98277. The clerk’s office is open to the public Monday through Friday, except holidays.
(2) The city clerk shall immediately forward the originals of such claims to the city attorney’s office for processing of the claim and submission to the city’s risk pool. (Ord. 1903 § 2, 2020; Ord. 1807 § 1, 2017; Ord. 1486 § 1, 2007; Ord. 1267 § 1, 2001; Ord. 813 § 1, 1988).
3.84.020 Requisites of a claim for damage or relief.
All such claims for damages must accurately locate and describe the conduct and circumstances that caused the injury or damage, reasonably describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, state the amount of damages claimed, state the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose, and be verified by the claimant. If the claimant is incapacitated from verifying, presenting, and filing the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed, the claim may be verified, presented and filed on behalf of the claimant by any relative, attorney, or agent authorized to represent the claimant. (Ord. 1807 § 1, 2017; Ord. 1486 § 2, 2007; Ord. 1267 § 2, 2001).
3.84.030 City procedure.
(1) All damage claims shall be investigated by the city under procedures promulgated by the mayor.
(2) The city attorney, with concurrence of the mayor, may retain outside counsel to defend the city claims not covered by insurance. (Ord. 1807 § 1, 2017; Ord. 1486 § 3, 2007).
3.84.040 Procedures mandatory.
No claim for damages against the city and/or its officers, employees, or volunteers acting in such capacity or any part thereof shall be paid, and no money shall be appropriated to pay or satisfy any such claim, unless there is compliance with the procedures set forth in this chapter. (Ord. 1807 § 1, 2017; Ord. 1486 § 4, 2007).
3.84.050 Filing claim with city clerk mandatory.
No action shall be maintained against the city and/or its officers, employees, or volunteers acting in such capacity for damages arising out of tortuous conduct until 60 days have elapsed after a claim has first been presented to and filed with the city clerk or designee. The requirements of this section shall not affect the applicable period of limitations within which an action must be commenced, except that such period of limitations within which an action must be commenced shall be tolled during the 60-day period after a claim has been presented and filed with the city clerk or designee. (Ord. 1807 § 1, 2017; Ord. 1486 § 5, 2007).
3.84.060 Settlement of damage or injury claim.
(1) The city attorney, with concurrence of the mayor or his or her designee, may allow, disallow or settle all claims up to $2,000, and upon presentation of proper release and vouchers approved by the city attorney, the city finance director shall pay the same from the proper fund upon full satisfaction of such claim.
(2) The city attorney or the mayor may in his or her discretion refer a claim to the city council.
(3) The city attorney shall provide to city council regular reports concerning claims made and processed. (Ord. 1807 § 1, 2017; Ord. 1486 § 6, 2007).