PREPARED BY: SARAH MAROOF DATE OF MEETING: 4/15/2024
SUBJECT:
TITLE
CONSIDER DENYING LIABILITY CLAIM OF OSCAR AGUIRRE (DOL 11/11/23)
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Deny the claim per the recommendation of the Municipal Pooling Authority (MPA), the City’s joint risk pool.
Body
Council priority workplan statement
This action is not applicable under the FY 2023-25 Council Priority Work Plan effective May 1, 2023, but is a necessary operational action.
BACKGROUND
The Government Claims Act, California Government Code Section 810 et. seq., sets forth 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 otherwise 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.