Petaluma Municipal Code Ch. 1.18 Government and Workers’ Compensation Claims Against City

Any claim against the city for money, damages, or a refund that is excepted by Section 905 of the Government

Code from the claims presentation requirements of the Tort Claims Act, and which is not governed by other

statutes or ordinances expressly relating thereto, shall be governed by this chapter. Such claims shall be Kled with

the city clerk not later than one year after the accrual of the cause of action of the underlying claim. Any person

pursuing such a claim must Kle a claim with the city clerk, and the claim must conform to the requirements of

Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and shall be in writing on a form

prescribed by the city. (Ord. 2169 NCS §1, 2003.)

The city shall process and take action upon a claim submitted pursuant to this chapter, pursuant to the

requirements of Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code, within forty-Kve days

of its Kling with the city clerk. If the city fails to do so, the demand or claim shall be deemed to have been rejected

on the last day of the period within which the city was required to act. Action by the city shall otherwise be subject

to the provisions of Section 912.4 of the Government Code. The city manager and city risk manager are authorized

to perform these functions relating to consideration of claims. The city manager or the city manager’s designee is

authorized pursuant to Government Code Section 935.4 to allow, compromise or settle claims against the city if

the amount to be paid pursuant to the allowance, compromise or settlement does not exceed Kfty thousand

dollars. The risk manager or the risk manager’s designee is authorized pursuant to Government Code Section

935.4 to allow, compromise or settle claims against the city if the amount to be paid pursuant to the allowance,

compromise or settlement does not exceed ten thousand dollars. Upon the written order of the city manager, the

risk manager, or the designee of the city manager or the risk manager in accordance with the authority granted in

this section, the city’s chief Kscal oMcer shall cause a warrant to be issued upon the city treasury in the amount for

which a claim has been allowed, compromised or settled in accordance with the authority granted to the city

manager pursuant to this section. (Ord. 2826 NCS §3, 2022; Ord. 2573 NCS §1, 2016; Ord. 2177 NCS §1, 2004; Ord.

2169 NCS §1, 2003.)

No lawsuit may be brought against the city on any cause of action for which a claim must be Kled under this

chapter until the claim has been Kled with the city clerk as required by this chapter and has been acted upon by

the city or has been deemed to have been rejected. Any action brought against the city on such a claim shall be

subject to the provisions of Sections 945.6 and 946 of the Government Code. Only the person who Kled the claim

may bring such a lawsuit, and if another person should do so, judgment shall not be rendered for the plaintiN.

(Ord. 2169 NCS §1, 2003.)

Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, commencing with Section 930 of

the Government Code, written agreements entered into by or on behalf of the city may provide that all claims

arising out of or related to the agreement must be presented not later than six months after the accrual of the

cause of action, and that such claims shall be governed by the provisions of this section. (Ord. 2169 NCS §1, 2003.)

In order to promote prompt and eMcient settlement of these claims without undue delay and to avoid the

imposition of sanctions against the city by the workers’ compensation appeals board:

A. The city manager is hereby authorized to execute compromise and release settlements of workers’

compensation claims against the city in any case in which the amount to be paid does not exceed Kfty thousand

dollars in discretionary settlements and can delegate that authority.

B. The risk manager or human resources director is hereby authorized to execute compromise and release

settlements of workers’ compensation claims against the city in any case in which the amount to be paid does not

exceed ten thousand dollars in discretionary settlements. The risk manager or human resources director has

authority to approve all nondiscretionary stipulated Kndings and award.

C. For all workers’ compensation claims not able to be settled pursuant to subsection A or B of this section, the

city council will discuss in closed session, together with a recommendation that such claim be approved,

compromised, further investigated, or denied. The council shall take such action upon the claim as it deems

appropriate.

D. The risk manager will provide to the city council semiannual reports showing all settled workers’

compensation claims (whether stipulated Kndings and award or compromise and release).

(Ord. 2783 NCS §4, 2021.)

The city council of the city of Petaluma does hereby delegate to the city manager authority to make applications

on behalf of the contracting agency pursuant to Government Code Section 21152(c) for disability retirements of all

eligible employees and to initiate requests for reinstatement of such employees who are retired for disability.

The city council of the city of Petaluma does hereby delegate to the city manager authority to make

determinations of disability on behalf of the contracting agency under Government Code Section 21156 and

determine whether such disability is industrial and to certify such determinations and all other necessary

information to the California Public Employees’ Retirement System. (Ord. 2783 NCS §5, 2021.)