Settlement Authority: When originally enacted in 1976, Section 1-51.3 authorized the County Administrator and the County Attorney to settle claims that did not exceed $2,500; when amended in 1990, the County Administrator's settlement authority remained limited to $2,500, while the County Attorney's settlement authority was increased to $15,000. These amounts have not been increased since 1990.
The proposed Ordinance raises the current limits from $2,500 to $15,000 for the County Administrator (with authority to delegate settlement authority up to $10,000 to the Risk Management Director), and from $15,000 to $25,000 for the County Attorney, with additional authority up to $50,000 for the County Attorney if the County Administrator issues a written concurrence with the proposed settlement.
Neighboring local governments have similar or higher limits on their settlement authority:
- Miami-Dade County authorizes its Director of Risk Management to settle claims up to $25,000 per claimant, and authorizes its Director of General Services Administration and its County Attorney to each settle claims up to $50,000; settlement of claims above $50,000 requires the approval of its County Manager and its County Attorney.
- Palm Beach County authorizes its County Administrator to settle claims in the amount of $50,000 or less with the concurrence of the County Attorney, and authorizes its Director of Risk Management to settle claims up to $5,000 for each claim and $50,000 per occurrence with the concurrence of the County Attorney.
The proposed Ordinance also clarifies the authority of the County Administrator to assert, on a presuit basis only, claims for subrogation, property damage, and personal injury damages, and settle such claims for the full claim amount, provided the claim amount does not exceed $100,000.
Authority to File Claims: The proposed Ordinance also authorizes the County Attorney to file a variety of types of actions on behalf of the County, including actions to enforce collection of taxes, to allocate tax deed surplus funds, to pursue subrogation claims, and to seek emergency relief subject to prompt ratification by the Board. The proposed Ordinance also clarifies the County Attorney's authority to file related claims in pending actions, such as counterclaims, cross-claims, third-party claims, and appeals, and clarifies the method of calculating the value of the claim for purposes of determining authority to settle.
Repeal of Conflicting Provisions: The proposed Ordinance also repeals other provisions of the Code that are generally duplicative of, or in conflict with, the authorities stated in Section 1-51.3.
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