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O2185 f: \atty\muni\laws\mj m\workerscompord2d. doc City Council Meeting 5-25-06 Santa Monica, California ORDINANCE NUMBER 2185 .... (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.44.050 TO AUTHORIZE THE CITY MANAGER TO APPROVE WORKER'S COMPENSATION CLAIMS IN EXCESS OF $15,000 AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, pursuant to requirements of state law, the City of Santa Monica participates in California's Worker's Compensation program; and WHEREAS, the Worker's Compensation program establishes the sole remedy for employees injured in the course of their employment and operates as a compulsory scheme of employer liability, irrespective of fault, for injuries arising out of and in the course of employment; and WHEREAS, the City's participation in the Worker's Compensation program is administered by the Risk Management Division of the City Manager's Office; and WHEREAS, for many years the City Manager has approved the payment of benefits due and owing to City employees pursuant to the Worker's Compensation Act based on analyses prepared by the City's Claims Administrator; and 1 WHEREAS, it is desirable to include within the provisions of the Municipal Code language relating to and clarifying responsibility for payment authorization; and WHEREAS, this clarification is urgent because claims are pending which must be timely processed, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 2.44.050 is hereby amended to read as follows: Section 2.44.050. Settlement and payment 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 Fifteen Thousand Dollars ($15,000), without the necessity 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. Additionally, the City Manager is authorized to approve the payment of Worker's Compensation settlements 2 in excess of Fifteen Thousand Dollars ($15,000), and he or she shall notify the City Council of such settlements. The Director of Finance is authorized to make payments consistent with the authorization provided in this Section. SECTION 2.This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. SECTION 3. 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 4. 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 5. 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 3 official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: , 4 Approved and adopted this 9th day of May, 2006. ~~~ . Robert T. Holbrook, 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. 2185 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on May 9, 2006, by the following vote: Ayes: Council members: Bloom, Genser, Katz, McKeown, Mayor Pro Tern Shriver, Mayor Holbrook Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor ATTEST: ~~rt~~i 5