San Pablo header
File #: #22-309    Version: 1 Name:
Type: Liability Claims Status: Failed
File created: 7/11/2022 In control: City Council
On agenda: 8/1/2022 Final action: 8/1/2022
Title: LIABILITY CLAIM OF PAULINE FRIEDA MCCORD (DOL 03/14/22).

PREPARED BY:   SARAH MAROOF                                          DATE OF MEETING:   08/01/22

SUBJECT:                     

TITLE

LIABILITY CLAIM OF PAULINE FRIEDA McCORD (DOL 03/14/22).

 

Label

CITY MANAGER RECOMMENDATION

Recommendation

Deny the claim per the recommendation of the Municipal Pooling Authority (MPA), the City’s joint risk pool.

 

Body

Compliance statements

This action is not applicable under the FY 2021-23 Council Priority Work Plan effective September 20, 2021, but is a necessary operational action. 

 

CEQA Compliance Statement

This is not a project as defined by CEQA.

 

BACKGROUND

Under the Government Claims Act, California Government Code Section 810 et seq, is a process for submitting a claim in the limited situations where state law provides that  a public agency may be held liable for an injury.  As set forth in Section 815(a): “Except as other provided by Statute: [a] A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.”

 

Following initial investigation, the Municipal Pooling Authority’s recommendation is that the claim be rejected by the City.

 

FISCAL IMPACT

Claims are generally addressed through the City’s joint risk pool as a General Fund obligation.