Loading...
HomeMy WebLinkAboutCity Council Resolution 21-012 Electronic Clamis filing policyRESOLUTION NO.21-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE CITY OF SARATOGA ELECTRONIC CLAIMS FILING POLICY WHEREAS, the Government Claims Act, pursuant to California Government Code section 945.4, requires a claimant to present the City with a written claim prior to commencing a lawsuit against the City for damages; and WHEREAS, California Government Code section 915(a)(3) authorizes a claimant to present a claim to the City electronically if the City adopts an ordinance or resolution that establishes requirements for electronic claim submissions; and WHEREAS, California Government Code section 915.4(a)(3) authorizes the City to send notices related to electronic claim submissions to the email address associated with the claim, or an alternative email address if the claimant so requests; and WHEREAS, in the modern workplace, the use of electronic records has become routine in the regular course of business, with employees of public and private entities increasingly using various electronic forms of communication; and WHEREAS, the use of electronic records and communication has drastically increased in the past year due to the ongoing COVID-19 pandemic; and WHEREAS, obtaining claims and other documents electronically reduces staff time and material waste compared to mailing and handling hard copy claims; and WHEREAS, this Electronic Claims Filing Policy outlines the means by which the City will accept electronic claims, the information required for each claim, the consequences for not providing all required information, and the method of sending notices regarding such claims. - Continued Next Page - NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby adopts the attached City of Saratoga Electronic Claims Filing Policy. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17th day of March 2021 by the following vote: AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary -Lynne Bernald NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATOS DATE: Debbie Bretschneider, City Clerk I. II CITY OF SARATOGA ELECTRONIC CLAIMS FILING POLICY Adopted March 17, 2021 by Resolution No. 21-O [ -1— Purpose A. This policy establishes the process by which persons may submit claims electronically to the City of Saratoga ("City"). B. The Government Claims Act ("Act") provides that prior to bringing a lawsuit for damages against a public entity, a claimant must submit a written claim to the entity. Recent amendments to the Act provide for electronic processing of claims by cities where authorized by ordinance or resolution. C. This policy, adopted by the Resolution noted above, authorizes electronic processing of claims, outlines the information required by the City for each claim, indicates the consequences of not providing all required information, and describes the means by which the City will send claimants notices regarding electronically submitted claims. D. Nothing in this policy requires claims to be filed electronically. Claims may continue to be filed by other than electronic means in accordance with applicable law. Electronic Claim Submission Procedures A. Submitting electronic claims: Persons may submit electronic claims to the City solely using the electronic claims portal located on the City's website and in accordance with this policy. B. Required information: Claimants must provide the following information with each claim: l . Information regarding the claimant: (a) The name of the claimant. (b) An email address for the claimant. (c) A postal address of the claimant. (d) A phone number by which the City may reach the claimant during daytime business hours. 2. Information regarding the incident on which the claim is based: (a) The date of the incident. (b) The place of the incident. City of Saratoga Electronic 1 Adopted March 17, 2021 Claims Filing Policy Via Resolution 2 1 -- (c) The circumstances that led to the incident. Claimants must provide sufficient information for the City to properly investigate and consider the claim. (d) The reason(s) why the claimant believes the City is responsible for the claimant's damages. If the claimant relies on more than one theory of recovery, the claim should state the basic facts to support all potential theories of recovery. 3. A description of the injury, damage, indebtedness, obligation, or loss incurred (collectively "losses"), as far as known when the claimant submits the claim. 4. The amount claimed: (a) If the amount claimed is less than $10,000, the full amount claimed. (b) If the amount claimed is more than $10,000, the claimant need not specify the amount, but the claimant must specify whether superior court jurisdiction over the claim is limited (up to $25,000) or unlimited (over $25,000). 5. The claimant's electronic signature or the electronic signature of another person authorized to file the claim on the claimant's behalf evidenced by completion of the Electronic Signature Agreement portion on the claims portal and checking the "I agree" box. The claimant agrees, by signing electronically or by authorizing a third -party to sign electronically on the claimant's behalf, that: (a) the electronic signature will bind the claimant to the same extent as a handwritten signature; (b) the claim will not be signed with a handwritten signature; and (c) the City may ask the claimant to provide a handwritten signature in the future. C. Required information, if known: Claimants must provide the following information with each claim, if known to them: 1. The name of the public employee(s) who may have caused the claimant's losses. 2. The time of the incident. The names, addresses, phone numbers, and email addresses of any witnesses to the incident. City of Saratoga Electronic 2 Adopted March 17, 2021 Claims Filing Policy Via Resolution 21-_ 4. If the claim concerns the claimant's vehicle, the vehicle license plate number; the vehicle make, model, and year; the vehicle's mileage at the time of the incident; and the claimant's driver's license number. D. Optional information: Claimants optionally may provide an alternative contact to receive official notices and correspondence regarding the claim. Alternative contact information includes: The name of the alternative contact. 2. The alternative email address. The alternative postal address. 4. The phone number by which the City may reach the alternative contact during daytime business hours. E. Consequences for failure to provide required information: Failure to provide all required information to support the claim may delay processing of the claim, result in rejection of the claim, or preclude the claimant from later bringing a lawsuit against a public employee as an individual defendant. 2. Failure to provide a valid email address for the claimant or an alternative contact absolves the City of its duty to send notices of defects regarding the claim. F. Notices re a'g rding electronically submitted claims: By submitting a claim electronically, the claimant agrees that the City may send notices and all other correspondence regarding the claim exclusively to the email address associated with the claim or to the alternative email address as specified. 1331382.5 City of Saratoga Electronic 3 Adopted March 17, 2021 Claims Filing Policy Via Resolution 21-_