§ 2-205. Claims, litigation management, claim committee.

(a)

The city shall designate a city risk manager who shall be licensed pursuant to A.R.S. § 20-201 et seq. The city risk manager's decision to settle claims and lawsuits or to try lawsuits rests with the city risk manager subject to the approval of the city attorney.

(b)

The city attorney is responsible for the conduct of all legal actions resulting from claims, and in consultation with the city risk manager, for assessing the legal liability of the city with respect to any claim, including any decision to file suit, defend a suit or prosecute an appeal. The city attorney may choose to provide defense for lawsuits against the city based upon available specific expertise and available resources or may contract for outside counsel to provide such defense.

(c)

The city risk manager, in matters of claims and litigation, will maintain a client/attorney relationship with the city attorney and any attorneys representing the city. Claims management and lawsuit fiscal responsibility rest with the city risk manager. Tactical decisions during litigation shall be the responsibility of the city attorney. The city attorney shall consult with the city risk manager regarding litigation expenses.

(d)

The city risk manager, with the approval of the city manager, shall have the authority to settle claims against the city in an amount to be determined by the city manager. The city risk manager, acting within the parameters set by the city attorney for determining that the city has exposure to legal liability, may authorize and pay claims whether or not in litigation for any single demand for any single claim. The city risk manager shall consult with the city attorney prior to any determination to pay any claim for which the exposure to legal liability is unclear. No claim in litigation can be settled or paid without prior approval by the city risk manager.

(e)

The city attorney and the city risk manager shall create and staff a claims committee to evaluate legal actions resulting from claims and lawsuits and assignment of outside legal counsel. The city risk manager and city attorney shall each be fully participating members of such committee.

(f)

The city risk manager may authorize such emergency remediation and response as made necessary by water main breaks, sewer backups, or other risk to public health or safety without a prior determination of liability by the city attorney.

(Ord. No. 2892, § 1, 5-27-14)