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
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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
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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
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
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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
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