HomeMy WebLinkAboutRES NO 04-89RESOLUTION NO. 4-89
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AUTHORIZING THE CITY CLAIMS
ADMINISTRATOR TO REFER CLAIMS TO THE CITY
ATTORNEY'S OFFICE.
WHEREAS, California Government Code Section 912.4(c) pro-
vides that if the governing board of a public entity fails or
refuses to act on a claim within 45 days after the claim has been
presented, the claim is automatically deemed to be rejected; and
WHEREAS, all claims filed with the City of Bakersfield
are currently placed on the consent calendar portion of the City
Council agenda for referral to the City Attorney's Office, and no
further action is taken by the Council on these claims which are
subsequently deemed. rejected; and
WHEREAS, such action by the City Council is unnecessary
and impractical because all claims filed with the City are routed
to the City Claims Administrator for action, including referral to
the City Attorney's Office where appropriate; and
WHEREAS, California Government Code Section 935.4 pro-
vides that a local public entity by resolution may authorize an
employee of that entity to perform such functions of the governing
body under the Tort Claims Act as are prescribed by the local pub-
lic entity.
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Bakersfield hereby authorizes the City's Claims
Administrator, on behalf of the City Council, to refer all claims
filed with the City to the City Attorney's Office.
BE IT FURTHER RESOLVED that the City Manager is directed
to distribute to Councilmembers, and to members of the public and
media requesting the same, a monthly report of claims filed
against the City.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on January 4, 1989 , by
the following vote:
AYES: COUNCILMEMPERS: CHILDS,~DeI~OND, SMITH RATTY,
NOES: COUNCILMEMbERS- Daivagglo
ABSENT COUNCILMEM~RS: McDermott
ABSTAINING: COUNCiLMEMBERS: N~ ...........
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
January 4, 1989
~A~O~ of the City of Bakersfield
APPROVED as to form:
City of Bakersfield
R
R RES 5
CLAIMS.1
12/12/88