There is created a risk management program which shall include administration and settlement of claims, a claims prevention program and a trust fund to defray the cost of the program.

(Code 1980, § 10-51)

(a)

The general liability risk management program shall be administered by the city manager or his designee, with responsibilities as outlined in this chapter.

(b)

There shall be a position of risk management who shall report to the city manager and be exempt from civil service coverage and who shall have such duties as are assigned by the city manager.

(c)

A safety program shall be established under the direction of the city manager to identify and implement ways and means to reduce and eliminate unsafe conditions or practices for which liabilities may occur. The safety program may include such rewards, disciplines or penalties as may tend to reduce losses and promote safety.

(Code 1980, § 10-52)

(a)

All claims shall be referred to the office of risk management, who shall investigate such claims and report to the city manager in accordance with administrative procedures to be prescribed by the city manager. If a court proceeding may be involved, the city attorney shall be advised.

(b)

The city manager may employ such investigative, adjusting or consulting services as may be required within his authority under the purchasing ordinance.

(c)

The city manager and city attorney may compromise, settle and pay or collect all claims which may be discharged by payment of an amount not to exceed $20,000.00 per incident. Such settlements or compromise shall be for all damages claimed for personal injury, property damage, or both.

(d)

Proposed settlements in excess of $20,000.00 shall be submitted to the city commission for its decision.

(Code 1980, § 10-53; Ord. No. 2003-33, § 1, 11-18-2003)

The city attorney shall perform all legal services required to accomplish the purpose of the risk management program regarding the defense or prosecution or, when requested by the city manager, the negotiation of settlements of claims or suits. The city attorney may, with approval of the city commission, obtain outside legal services which shall be paid for by the fund when such services are deemed necessary and in the best interest of the city.

(Code 1980, § 10-54)

(a)

The program shall rely upon funds placed in the general liability trust fund established in this chapter to which shall be credited all money deposited by appropriation or from any other source, related to the fund. The fund shall consist of:

(1)

Any unexpended balances of any appropriation heretofore made for the payment of claims and judgments against the city relating to general liability.

(2)

Appropriations for the payment of claims and judgments against the city relating to general liability.

(3)

Any costs, contributions or indemnities recovered from other parties relating to tort claims involving general liability.

(4)

Income accruing from the investments of the trust fund.

(b)

These funds are to be expended in accordance with the provisions and for the purposes stated in this chapter. The fund shall be segregated from other funds of the city, shall be appropriated in the annual city budget and shall be administered under the direction of the city manager.

(c)

For the purpose of this chapter, the term "general liability" shall be defined as all actual or alleged responsibilities to others arising out of the ownership, maintenance and use of all city property; all operations of the city; and all acts or omissions of the city's elected officials, appointees, agents and employees while acting within the scope of official duties.

(Code 1980, § 10-55)