HomeMy WebLinkAboutCC ORD 2015-2406 Establish City Manager's Authority to Approve, Settle or Comprise Workers' Compensation ClaimsORDINANCE NO. 2015 — 2406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH
THE CITY MANAGER'S AUTHORITY TO APPROVE, SETTLE, OR COMPROMISE
WORKERS' COMPENSATION CLAIMS UNDER CHAPTER 2.01.020
WHEREAS, absent a local provision of law or policy related to the authority to
resolve Workers' Compensation Awards, staff has relied on the provisions of City of National
Municipal Code Section 2.01.020, City Manager Powers -Duties, to govern this matter; and
WHEREAS, subsection "U" of section 2.01.020 grants authority to the City Manager
"[t]o reject claims and demands against the City and, with the concurrence of the City Attorney to
approve, settle or compromise such claims and demands in amounts not to exceed twenty-five
thousand dollars"; and
WHEREAS, as a result, Workers' Compensation Settlements for Compromise and
Release Settlements over twenty-five thousand dollars and all Stipulations with Request for Award
Settlements are currently brought before the City Council for approval in closed session because of
the confidential nature of such personnel matters; and
WHEREAS, given the strict authority of Workers' Compensation Appeals Board and
the formulaic award system as administered by Administrative Law Judges under the authority of
the Board, staff seeks to define local authority accordingly by amending Chapter 2.01.020.
follows:
NOW, THEREFORE, the City Council of the City of National City does ordain as
Subsection U of Section 2.01.020 is amended to read:
U. To reject claims and demands against the City and, with the
concurrence of the City Attorney to approve, settle or compromise such
claims and demands in amounts not to exceed twenty-five thousand dollars
except for the settlement of Workers' Compensation settlements provided
for in this chapter;
Subsection X is added to Section 2.01.020 to read:
X. To approve, settle, or compromise Workers' Compensation
awards, and to delegate that authority, as follows: (i) in amounts not to
exceed twenty five thousand dollars ($25,000) for discretionary Comprise
and Release Settlements and discretionary Stipulations with Request for
Awards; (ii) in amounts not to exceed fifty thousand dollars ($50,000) for
non -discretionary Compromise and Release Settlements; and (iii) all non -
discretionary Stipulations with Request for Awards.
[Signature Page to Follow]
Ordinance No. 2015 - 2406
Page Two
PASSED and ADOPTED this 15th day of Septe , 2015.
n rnson, ayor
ATTEST:
4
Michael R. Dalla, CSty Clerk
PROVED TO FO
Iaudia gaci : Silva
City Attor ey
Passed and adopted by the Council of the City of National City, California, on
September 15, 2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
,/AtZje
City CI iof the City of ational City, California
Deputy
HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on September 1, 2015 and on September 15, 2015.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2015-2406 of the City Council of the City of National City, passed
and adopted by the Council of said City on September 15, 2015.
By:
City Clerk of the City of National City, California
Deputy