Policy 2-3 PROCESSING DAMAGE CLAIMS SUBMITTED AGAINST THE CITY OF LAWTON

PURPOSE: To establish City Council policy on the handling of damage claims submitted against the City of Lawton.

BACKGROUND: In the course of providing services to the citizens of Lawton, personal property is sometimes damaged. When this occurs, the City Council determines whether or not the City will reimburse the citizen for the damage.

PROCEDURES: Damage claims shall be filed with the City Clerk. The claimant will submit a completed claim form with proof of damages, if available, and a completed questionnaire as developed by staff. The questionnaire provides information relative to the claim so that staff can expeditiously and fully investigate the claim. Claimants will be given an informational pamphlet explaining the City’s damage claim procedures.

The City Clerk, upon receipt of a damage claim, will refer it to the City Attorney’s Office for investigation and further handling. The City Clerk will maintain a register showing claimants name, date filed, type of damage, amount, and final determination by City Council.

When the investigation of the claim is complete, the City Attorney will have a memorandum opinion prepared outlining the City’s liability, including a recommendation for approval or denial. The City Attorney’s Office will advise the claimant by letter of this recommendation and the date and time the claim will be considered by the City Council. The damage claim will then be placed on the City Council Agenda.

Following Council action to approve a damage claim, the appropriate division will initiate a requisition for payment so that the claimant is paid the amount approved by the City Council on the second Monday following approval.

Damage claims approved for payment in the amount of $400 or more will be paid by confession of judgment. Damage claims approved for payment in an amount less than $400 will be paid by the appropriate budget activity within the budget adopted by the City Council.

RESCISSION: This policy became effective September 15, 2004. This version clarifies procedures of payment of claims after Council approval in the policy updated on December 11, 2001.