2022/11/08 City Council Resolution 2022-108 RESOLUTION NO. 2022-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DELEGATING RISK MANAGER THE AUTHORITY TO ALLOW, COMPROMISE,
OR SETTLE CLAIMS UNDER THE CALIFORNIA GOVERNMENT CLAIMS ACT,
PURSUANT TO GOVERNMENT CODE SECTION 935. 4
WHEREAS, The California Government Claims Act (Cal. Gov. Code §810 et sq.)
requires most claims for money or damages against the City of Rohnert Park and its officers
and employees to be presented to the City Council within a specified period of time before a
claimant is permitted to file a lawsuit against the City or its employees based on the claim (See
Gov. Code §905 et seq.); and
WHEREAS, It is the obligation of the City Council to act on the claim by allowing,
rejecting, compromising, or settling the claim within 45 days after the claim is presented; and
WHEREAS, Government Code section 935.4 authorizes the City Council to delegate to
a city employee the authority to perform these functions of the City Council under the
Government Claims Act, provided that the employee of a general law city cannot allow, settle,
or compromise a claim for more than $50,000; and
WHEREAS, The City Council finds that, subject to the limitations in Government Code
Section 935.4, claims can be more quickly and efficiently processed by delegating authority to
the Risk Manager to allow, reject, compromise, or settle claims in the manner permitted by
Government Code section 935.4 and that the City Council's time is better used, if these
functions of the City Council under the Government Claims Act are delegated to the Risk
Manager.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Risk Manager has the authority to reject, allow, compromise or settle a claim filed
with the City Clerk under the Government Claims Act;
BE IT FURTHER RESOLVED,the City Manager shall designate in writing an
employee to serve as Risk Manager for the purposes of claims management.
DULY AND REGULARLY ADOPTED this 8th day of November 2022.
CITY OF ROHNERT PARK
kie Elwar ay r
ATTEST:
Elizabeth Machado, Assistant City Clerk
GIUDICE: At-AL' HOLLINGSWORTH-ADAMS: AtiIG STAFFORD: ALIe RODRIGUEZ: At.i ELWARD: l_
AYES: ( r ) NOES: ( ) ABSENT: ( tot ) ABSTAIN: ( 95 )