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CLAIMS FOR INJURIES OR DAMAGES

SEA-MC tit. 5, subtit. I, ch. 5.24
in effect

Seattle Mun. Code § 5.24.005 Claims for damages

5.24.005 - Claims for damages A. No action shall be commenced against the City in which monetary damages are being claimed until a written Claim for Damages has been presented to and filed with the City Clerk. Such a claim must name the claimant, include the claimant's address, specify the date and location of the claimed loss, describe any alleged act or omission on the part of the City and the basis upon which liability is being asserted against the City, identify any known witnesses, detail the nature and extent of the injury or damage sustained, and state the amount being claimed. The claim form must be signed by the claimant or an authorized representative prior to its filing. B. All claims for damages shall be investigated and evaluated by the Department of Finance and Administrative Services with the assistance of the City Attorney. In anticipation of litigation regarding such claims, the Director of Finance and Administrative Services may request reports from all interested departments concerning any claim and such reports shall be prepared to assist the City Attorney in defense of the City and shall constitute and be treated as privileged communications. C. A lawsuit based upon the allegations of a Claim for Damages may not be instituted against the City within 60 days of the filing of such claim. (Ord. 123361, § 147, 2010 [department head name change]; Ord. 120794, § 103, 2002 [department head name change and typographical error correction]; Ord. 120521, § 1, 2001; Ord. 118923, § 1, 1998; Ord. 116368, § 150, 1992 [department head name change]; Ord. 111195, § 1, 1983.)

Seattle Mun. Code § 5.24.010 Judgment/Claims Fund

5.24.010 - Judgment/Claims Fund There is established in the City Treasury a Judgment/Claims Fund, into which Fund shall be placed such amounts of money as shall be appropriated by the City Council and such funds as are reimbursements from proper source funds for judgments, claims payments, advance claims payments, and litigation expenses; and from which Fund shall be paid: all judgments as authorized by Section 5.24.020; all claims as authorized by Section 5.24.030; all advance payment claims as authorized by Section 5.24.040; and all litigation expenses as authorized by Section 5.24.060. (Ord. 125492, § 5, 2017 [fund name change]; Ord. 117977, § 2, 1995; Ord. 116368, § 315, 1992; Ord. 108657, § 1, 1979.)

Seattle Mun. Code § 5.24.020 Payment of judgments

5.24.020 - Payment of judgments A. Twice annually, in March and September, the City Attorney shall provide a summary briefing to the City Council in Executive Session on significant litigation that challenges or materially impacts provisions of the Seattle Municipal Code or its implementing rules and regulations. B. The City Attorney may authorize payment of any settlement arising out of litigation against the City or any judgment against the City. Prior to authorizing settlement of any litigation for an amount over $1,000,000, the City Attorney shall brief the City Council regarding the proposed settlement during executive session called pursuant to RCW 42.30.110. Prior to authorizing a settlement involving significant financial or policy issues, the City Attorney shall consult with the City Budget Director, the Director of Finance and Administrative Services, and the head of the relevant department. Upon a presentation by the City Attorney to the Director of Finance and Administrative Services of either a copy of a Release and Order of Dismissal or a copy of a judgment against the City, entered in an appropriate court, and having attached thereto a statement in writing, signed by the City Attorney, to the effect that the right of appeal from such judgment has been expressly waived, or that the time for an appeal has expired, the Director of Finance and Administrative Services shall issue a check upon the Judgment/Claims Fund for the amount of such judgment, and costs if awarded to the claimant by the court. The City Council may periodically review the briefing threshold amount against inflation to determine whether the threshold is appropriate for the purposes of this section. (Ord. 126910, § 1, 2023; Ord. 125492, § 6, 2017 [fund name change]; Ord. 123361, § 148, 2010; Ord. 120794, § 104, 2002; Ord. 120521, § 2, 2001; Ord. 120114, § 14, 2000; Ord. 117977, § 2, 1995 [fund name change]; Ord. 116368, § 151, 1992 [department head name change]; Ord. 108657, § 2, 1979.)

Seattle Mun. Code § 5.24.030 Payment of claims

5.24.030 - Payment of claims The Director of Finance and Administrative Services may authorize payment of any claim against the City, including claims brought in the small claims department of the district court pursuant to chapter 12.40 RCW. Prior to authorizing settlement of any claim for an amount over $200,000, the Director of Finance and Administrative Services and the City Attorney shall brief the City Council regarding the proposed settlement during executive session called pursuant to RCW 42.30.110. Prior to authorizing a settlement involving significant legal or policy issues, the Director of Finance and Administrative Services shall consult with the City Budget Director, the City Attorney and the head of the relevant department. (Ord. 126910, § 2, 2023; Ord. 123361, § 149, 2010; Ord. 120794, § 105, 2002; Ord. 120521, § 3, 2001 [replaced entire text]; Ord. 120114, § 15, 2000; Ord. 117977, § 2, 1995 [fund name change]; Ord. 116368, § 152, 1992 [department head name change]; Ord. 115538, § 1, 1991; Ord. 108657, § 3, 1979.)

Seattle Mun. Code § 5.24.035 Payments of claims under one dollar

5.24.035 - Payments of claims under one dollar If the payment of any claim authorized by the City Attorney is less than $1, payment shall be made from petty cash to those who present themselves in person. (Ord. 113872, § 4, 1988.)

Seattle Mun. Code § 5.24.040 Advance payments—Grounds for payment

5.24.040 - Advance payments—Grounds for payment A. The City Attorney and the Director of Finance and Administrative Services are authorized to make periodic payments to a claimant pending settlement or other disposition of his or her claim equivalent to not more than the claimant's pre-injury net take-home pay if the City Attorney or the Director of Finance and Administrative Services finds the following conditions to exist: 1. The claimant has been physically disabled as a result of an act or omission by the City or its employees and agents and for which the City is legally obligated to respond in damages, which physical disability precludes the claimant from engaging in gainful employment; 2. The claimant's loss of employment results in financial hardship and the claimant is without alternate financial resources to provide for the necessary cost of living; 3. Circumstances exist which preclude the early settlement or other disposition of claimant's claim; 4. The best interest of the City and the claimant will be served by making such interim payments. B. As a condition to commencing such payments, the City Attorney or the Director of Finance and Administrative Services shall secure from the claimant a written agreement that all payments made pursuant to this section shall be credited to the City against any settlement of the claim which may be arrived at, and shall be credited against any judgment which may be rendered against the City by reason of such claim in any court. The agreement may include such additional terms and conditions as the City Attorney or the Director of Finance and Administrative Services determines are appropriate to serve the best interests of the City. C. In addition to the payments covering wage losses, the City Attorney or the Director of Finance and Administrative Services may, prior to settlement of the claimant's claim or prior to judgment, pay medical costs and provide necessary transportation and other expenses of treatment which the claimant may be required to pay; provided, that all such payments under this chapter shall cease at such time as the City Attorney or the Director of Finance and Administrative Services shall determine that one or more of the circumstances enumerated above have changed or that the total sum paid the claimant approximates the amount the claimant is likely to recover by reason of his or her injury. (Ord. 123361, § 150, 2010 [department head name change and gender neutrality]; Ord. 120794, § 106, 2002 [department head name change]; Ord. 120521, § 4, 2001; Ord. 108657, § 4, 1979.)

Seattle Mun. Code § 5.24.060 Litigation expenses

5.24.060 - Litigation expenses The City Attorney and the Director of Finance and Administrative Services are authorized to make payment to private and/or public agencies, firms, and/or individuals who provide services to the City in support of any litigation and/or claim and/or threatened litigation or claim filed or contemplated against the City or where the City is a plaintiff or potential plaintiff in legal action. (Ord. 123361, § 151, 2010 [department head name change]; Ord. 120794, § 107, 2002 [department head name change]; Ord. 120521, § 6, 2001; Ord. 108657, § 6, 1979.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT5REFITA_SUBTITLE_IGERE_CH5.24CLINDAFetched: 11/1/2026

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