O2119
f:\atty\muni\laws\mjm\financeord2d~ 1.doc
City Council Meeting 3-9-04 Santa Monica, California
ORDINANCE NUMBER 2119 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
2.12.260,2.44.030, AND 2.44.050 CLARIFYING THE AUTHORITY AND
RESPONSIBILITIES OF THE FINANCE DIRECTOR AND RISK MANAGER TO
SETTLE DISPUTES
WHEREAS, the City of Santa Monica is committed to utilizing best practices in all
aspects of the public's work including, in particular, fiscal management; and
WHEREAS, certain provisions of the Municipal Code relating to the functions of
the Finance Director and Risk Manager were adopted many years ago and therefore do
not reflect current best practices of managing municipal finances; and
WHEREAS, such practices include, but are not limited to, providing the flexibility
to resolve disputes promptly when prompt resolution will conserve or maximize public
resources,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.12.260 is hereby amended
to read as follows:
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Section 2.12.260 Department head and duties.
The head of the Finance Department shall be the
Director of Finance who shall be appointed by the City
Manager. The Director of Finance, who shall also be the City
Controller, shall coordinate and supervise all activities of the
Finance Department. The Director of Finance shall have the
authority to settle tax disputes by reducing or waiving
amounts due and owing as penalties or interest on
delinquent City tax obligations if such reduction or waiver
serves to promote the City's fiscal welfare by expeditious
payment, enhancing revenue, or otherwise.
SECTION 2.Santa Monica Municipal Code Section 2.44.030 is hereby amended
to read as follows:
Section 2.44.030 Self-insurance fund-- Risk
Manager.
The Risk Manager shall establish a self-insurance
fund for each risk mentioned in Section 2.44.020 hereof. The
money deposited in each such fund may be expended only
for the following purposes:
a. Purchase of excess liability insurance for
exposures in excess of $15,000 for the operation of the
Santa Monica Municipal Bus Line and in excess of $10,000
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for the operation of other automotive equipment belonging to
the City and liability arising out of the Public Liability Act.
b. Payment of losses and expenses incident to
the self-insurance program.
c. Transfer to budgets of departments rendering
services to the self-insurance program.
d. Payment by way of contract or wages for
adjustment services.
e. Purchase of primary coverage should the City
Council by resolution determine to abandon any self-
insurance program.
SECTION 3. Santa Monica Municipal Code Section 2.44.050 is hereby amended
to read as follows:
Section 2.44.050 City Attorney and Risk Manager
settlement authority.
The City Attorney, or his or her duly authorized
assistant or deputy, and the Risk Manager are hereby
authorized to settle or compromise any liability of the City,
whether a claim has been filed as provided by law or not, in
all cases where the amount necessary to be expended in
order to settle or compromise such claim does not exceed
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fifteen thousand dollars, without the necessary of first
receiving the approval of the City Council and said City
Attorney and Risk Manager in such event are authorized to
request the Director of Finance to draw a demand directly
upon the appropriate self-insurance fund for the payment of
such sum. The Director of Finance is authorized to draw
such demand upon the request of the City Attorney or the
Risk Manager.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 9th day of March, 2004.
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Ri d Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2119 (CCS) had its introduction on February 24, 2004, and
was adopted at the Santa Monica City Council meeting held on March 9, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Katz, Genser,
Feinstein
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook, O'Connor
ATTEST:
~..~.l' ~~
Maria M. Stewart,\City Clerk
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