Settlement Authority Resolution Copyrighted
May 1, 2017
City of Dubuque Action Items # 4.
ITEM TITLE: Settlement Authority
SUMMARY: City Attorney recommending approval of a resolution which
will formally grant authority for settlement of certain claims
to the City Manager and City Attorney.
RESOLUTION Authorizing the City Manager and the City
Attorney to settle claims against the City
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Staff Memo - Updated Staff Memo
Resolution - Updated Resolutions
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 19, 2017
RE: Settlement Authority for City Manager and City Attorney
The purpose of this memorandum is to ask the Mayor and City Council to clarify the
authority of the City Manager and the City Attorney to settle claims against the City.
Some time ago, the City Council authorized the City Manager to settle claims against
the City where the amount of the settlement was $20,000 or less. We are unable to find
any written evidence of that authority, and in fact it may not have been in writing. As a
result, we are asking the City Council to approve the attached resolution which will
formally grant authority for the settlement of certain claims to the City Manager and also
to the City Attorney.
The resolution authorizes the City Manager to settle claims where the amount of the
settlement is $20,000 or less, and all workers' compensation claims.
The City's contract with the Iowa Communities Assurance Pool provides that if ICAP
recommends settlement of a claim, if the City does not consent to the settlement, the
City is liable for any amount recovered by the claimant in excess of the recommended
settlement amount. The resolution allows the City Manager to make the decision
whether or not to consent to the settlement where the recommended settlement is
$20,000 or less. Even where the claim is not covered by the ICAP contract, the City
Manager would have the authority to settle such claims.
The City Attorney's Office handles relatively minor claims on a daily basis. Settlement of
these claims is typically made by ICAP without the need for formal City Council
approval. The resolution will formally authorize the City Attorney to approve claims for
$10,000 or less.
All other claims not within the scope of the resolution would require formal City Council
approval of a settlement.
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Consistent with the Public Records Act, the resolution requires that when the City
Manager or the City Attorney reach a final, binding, written settlement agreement, the
City Manager or the City Attorney shall, upon request and to the extent allowed under
applicable law, prepare a brief summary of the resolution of the dispute indicating the
identity of the parties involved, the nature of the dispute, and the terms of the
settlement, including any payments made by or on behalf of the government body and
any actions to be taken by the government body. The City Manager or the City Attorney
are not required to prepare a summary if the settlement agreement includes the
information required to be included in the summary. The settlement agreement and any
required summary shall be a public record.
CMB:tls
Attachment
cc: Michael C. Van Milligen, City Manager
Barry A. Lindahl, Senior Counsel
Jenny Larson, Budget Director
Alexis Steger, Senior Budget Analyst
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Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION NO. 167-17
AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO SETTLE
CLAIMS AGAINST THE CITY
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Manager is authorized to settle claims against the City where
the amount of the settlement is $20,000 or less, and all workers' compensation claims.
Section 2. The City Attorney is authorized to settle claims against the City where
the amount of the settlement is $10,000 or less.
Section 3. When the City Manager, or the City Attorney reach a final, binding,
written settlement agreement, the City Manager or the City Attorney shall, upon request
and to the extent allowed under applicable law, prepare a brief summary of the resolution
of the dispute indicating the identity of the parties involved, the nature of the dispute, and
the terms of the settlement, including any payments made by or on behalf of the
government body and any actions to be taken by the government body. The City Manager
or the City Attorney are not required to prepare a summary if the settlement agreement
includes the information required to be included in the summary. The settlement
agreement and any required summary shall be a public record.
Passed, approved and adopted this 1st day o May, 2017.
Roy D. BuMayor
Attest:
Kevn S. Firnstahl, pity C erk
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