Milpitas Municipal Code Ch. 5 Settlement Authority

The City Attorney is authorized to compromise and settle claims and actions for damages against the City, and/or against its officers and employees for conduct within the course and scope of their employment with the City where:

a. The amount to be paid by the City does not exceed $10,000.00.

b. The amount to be paid by the City does not exceed $50,000.00 if the City Manager also concurs with the compromise or settlement.

c. The City Attorney is authorized to enter into agreements on behalf of the City and its officers and employees as necessary to effectuate any authorized compromise and settlement.

d. The City Attorney shall report annually to the City Council the claims or actions against the City settled for an amount greater than $10,000.00.

(Ord. No. 309, § 4, 1/19/21; Ord. No. 289, § 3, 6/2/15)

a. The Risk Manager is authorized to compromise and settle any claims against the City for damages or claims for other money owed to the City where the amount to be paid does not exceed $20,000.00, provided the Risk Manager deems the compromise and settlement to be in the City's best interest. For purposes of any compromise and settlement pursuant to this provision, the Risk Manager is authorized to enter into any agreement for or on behalf of the City necessary to effectuate the compromise and settlement. To the extent the full amount owing to the City on any claim is not collected due to a compromise and settlement pursuant to this provision, the uncollected amount shall be deemed written off as uncollectible.

b. The Risk Manager shall report annually to the City Council the claims or actions against the City settled pursuant to this Section I-5-2.01.

(Ord. No. 309, § 4, 1/19/21; Ord. No. 289, § 3, 6/2/15)

The City Manager and the Director of Finance, jointly, are authorized to write off as uncollectible up to $50,000.00 in total annually (and up to $10,000.00 for any single account or claim) on all accounts or claims which the City may have against all persons when the City Manager and Director of Finance determine that the claim is:

a. Uncollectible;

b. Possibly collectible but collection would not be reasonably cost effective taking into consideration the probable necessary cost to the City in pursuing collection and the likelihood of collection; or

c. Not a valid, enforceable claim of the City.

(Ord. No. 289, § 3, 6/2/15)

Notwithstanding Section I-5-3.01, the Director of Finance is authorized to write-off as uncollectable up to $10,000.00 on each unpaid account if the difference between the amount owed to the City on the unpaid account and the settlement amount does not exceed $10,000.00, whenever the Director of Finance deems the write off to be in the City's best interest.

(Ord. No. 289, § 3, 6/2/15)

A write-off pursuant to this Section is authorized solely to facilitate the keeping of the books of account of the City, and under no circumstances shall any such write-off be deemed to constitute a relinquishment or abandonment by the City of any such account or claim, and nothing in these sections shall be deemed or construed to prevent the City from collecting or enforcing payment of any such account or claim at any time.

(Ord. No. 289, § 3, 6/2/15)

Except as provided in this Section, no account or claim of the City shall be written off as uncollectible without the express authorization of the City Council.

(Ord. No. 289, § 3, 6/2/15)