§ 5-3 — Claims administration

5-3. - Claims administration.

5-3.1. Filing claims. Claims must be made in compliance with Charter Section 5.03 and A.R.S. 12-821 et seq. and other applicable Arizona Statutes. All claims for damages shall be presented within one hundred eighty (180) days after the event, occurrence or transaction from which the damages allegedly arose, or within such shorter time as is otherwise required by law. The claim requirements contained in this section are intended to incorporate the requirements of A.R.S. § 12-821.01, and do not constitute a "binding or nonbinding dispute resolution process," "administrative claims process," or "review process" referred to in A.R.S. § 12-821.01(C). 5-3.2. Agent for service. The City Clerk of the City of Chandler is hereby designated as the agent upon whom claims filed against the City or service of process in litigation may be served pursuant to A.R.S. Rules of Civil Procedure, Rule 4.1. 5-3.3. Claims processing. The City Attorney shall establish procedures to process, evaluate, investigate and report claims filed against the City. The City Attorney shall have the responsibility for the fiscal and administrative management of all claims against the City. The liability of the City for claims and claim costs shall be that established by law. 5-3.4. Settlement. The City Attorney's office shall review and evaluate all claims received by the City. A. The City Attorney is authorized to pay up to twenty-five thousand dollars ($25,000.00) in settlement of a claim against the City. B. All settlements in excess of twenty-five thousand dollars ($25,000.00) shall require the prior approval of the City Council. 5-3.5. Litigation. A. In the event that a legal action is filed against the City, the City Attorney shall determine whether to defend the litigation with the City Attorney Department or with outside counsel. Litigation strategy for claims referred to outside law firms for defense shall be the responsibility of the City Attorney. Retention of particular outside counsel shall be based upon their expertise, resources in the particular type of litigation involved and past performance. B. Expenses, attorney fees and costs for such defense, whether by the City Attorney or outside counsel shall be charged to and paid from the Loss Fund by the City Attorney unless payment is prohibited in accordance with § 5-7.4. 5-3.5.1 Retention of Expert Witnesses, Consultants, Outside Attorneys. In furtherance of the purposes of this Chapter, the City Attorney may enter contracts for professional witnesses, consultants, attorneys or other experts to assist with an existing or probable judicial or administrative proceeding in which the City or a City employee is or may become a party. Such contracts shall be made in the best interests of the City but shall not be subject to the procurement rules of Chapter 3 of this Code. 5-3.6. City damages. The City Attorney is authorized to file such claims, counter-claims, third party claims or take other legal actions as may be necessary to seek subrogation and reimbursement or collect for damages sustained by City or where third parties are obligated to indemnify or reimburse the City for funds expended.

(Ord. No. 2965, § 2, 5-13-99; Ord. No. 4351, § 1, 3-8-12)