Sec. 128.313. - Settlement of claims.

(a) Claims arising from any of the risks covered by the Self-Insurance Program, shall be settled as follows, provided however, that in no instance can any claim, other than a claim for workers' compensation or property damage, against the Sheriff, Clerk of Court, Property Appraiser, Tax Collector or Supervisor of Elections (individually each a "Constitutional Officer"), or any of their respective employees or agencies, be settled unless it has been approved in writing by the appropriate Constitutional Officer or his or her designee or, in the case of suits against an individual employee of a Constitutional Officer who acted within the course and scope of his or her employment, approval of the employee: (1) Claims that can be settled in the field, by the City's authorized adjusters on behalf of the Self-Insurance Program, may be settled (including the provision and acceptance of releases on behalf of the Participant involved), without the necessity of obtaining prior approval of the settlement provided the settlement does not exceed $5,000 for bodily injury and $5,000 for property damage per occurrence. (2) All settlements of claims that do not exceed $50,000, and are not in litigation, the Risk Manager or Director, upon deeming it to be in the best interest of the Self-Insurance Program to settle the claim, shall have the authority to accept or give proper releases on behalf of the participants involved and to settle the claims (but he or she may not settle claims arising out of the same occurrence exceeding in the aggregate of the limitation of liability and specified in F.S. § 768.28(5), where applicable, as amended). (3) All settlements of claims that do not exceed $50,000, but are in litigation, the Director and the Risk Manager, upon deeming it to be in the best interest of the Self-Insurance Program to settle the claim, with the concurrence of the General Counsel or his or her designee, shall have the authority to accept or give proper releases on behalf of the participants involved and to settle the claims (but he or she may not settle claims arising out of the same occurrence exceeding in the aggregate of the limitation of liability and specified in F.S. § 768.28(5), where applicable, as amended). (4) All settlements of claims exceeding $50,000, but not exceeding $200,000, the Director, upon a favorable written recommendation of the Risk Manager and the General Counsel, or his or her designee, upon deeming it to be in the best interest of the Self-Insurance Program to settle the claim, shall have the authority to accept or give proper releases on behalf of the participants involved and to settle the claims (but he or she may not settle claims arising out of the same occurrence exceeding in the aggregate of the limitation of liability and specified in F.S. § 768.28(5), where applicable, as amended). (5) For all settlements of claims exceeding $200,000, the Mayor, upon the written recommendation of the Risk Manager, General Counsel or his or her designee, the Director, and the Council President, that they deem it to be in the best interest of the Self-Insurance Program to settle the claim, shall have the authority to accept or give proper releases on behalf of the participant involved and to settle the claims (as long as such settlement does not exceed those limitations of liability established in F.S. § 768.28(5), where applicable, as amended). (b) The authority granted by this Section shall be applicable only to claims arising out of the risks covered by the Self-Insurance Program. Otherwise, the provisions of Chapter 112 shall be applicable to the settlement of claims and suits by or against the City. (c) Notwithstanding anything in the Ordinance Code to the contrary, the General Counsel or the Director are authorized to employ outside general counsel and special counsel, from time to time, to perform legal services in connection with claims asserted against the Self-Insurance Program. The employment of outside general counsel and special counsel, and the compensation to be paid thereto, shall be subject to the prior written concurrence of the General Counsel or his or her designee, the Director or the Budget Officer, and either the chairperson of the Council Finance Committee or the Council President. Outside general counsel and special counsel employed under the provisions of this subsection shall be paid as Claim Expense from the Self-Insurance Program, as provided in Section 128.306 . (d) Subject to the right of review of the Mayor or Director, all strategic decisions related to the settlement of claims covered by the Self-Insurance Program, not otherwise provided for herein, including but not limited to decisions related to the expenditure of costs and decisions to appeal, shall be made by the Risk Manager after consultation, as appropriate, with the Office of General Counsel and, regarding decisions to appeal claims, except for workers' compensation and property damage, against the Sheriff, Clerk of Court, Property Appraiser, Tax Collector or Supervisor of Elections, or any of their respective employees or agencies, with the concurrence of the appropriate Constitutional Officer or his or her designee or, in the case of suits against an individual employee, approval of the employee. (e) In the event of a disagreement between the Constitutional Officer or individual employee of the Constitutional Officer, as applicable, and the individuals authorized to settle claims or make recommendations to authorized persons as to the settlement or disposition of a claim, including decisions related to appeal of a claim against a Constitutional Officer, their respective employees or agencies, or an individual employee of the applicable Constitutional Officer pursuant to this Section, the Council President shall make the final determination as to settlement or appeal. (Ord. 2018-380-E , § 2; Ord. 2024-45-E , § 2)