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Office of Management & Finance

Bureau of Internal Business Services

BIBS is the provider of central services for the City of Portland

Liability Service Catalog 2017

Service Description of Service

Tort Liability Management  

  • Administer tort claims described in the Oregon Tort Claims Act (OTCA) ORS 30.260-300 on behalf of all City bureaus.
  • Coordinate and pay tort liability lawsuit expenses managed by City Attorney.
  • Monitor and apply defenses and immunities as appropriate.
  • Facilitate Legal Holds through City Attorney.
  • Monitor and review relevant case law and legislative changes; communicate and coordinate with Government Relations.
  • Communicate and inform bureaus of OTCA changes.
  • Maintain records per Oregon Retention Schedule and respond to public records requests.
Claims Management of general and auto liability, civil
rights, law enforcement and employment liability
  • Process all claims for negligence or civil rights violations by city employees, elected officials and legal agents for third parties (citizens, public, employees, and parties with legal standing).
  • Set up claim files following written notice as required by OTCA. Acknowledge receipt to claimant and notify affected bureaus.
  • Investigate all tort claims, set and monitor case reserves.
  • Assess damages.  
  • Determine liability and whether employees were acting within course and scope of employment.
  • Resolve claims as necessary where City fault is determined, and deny when it is not. 
  • Defend cases as needed.
  • Maintain paper and electronic files and city records.
  • Manage mandatory Medicare reporting requirements (MMSEA Section 111).
  • Process payments through Risk’s Marsh Clearsight data system and SAP.
  • Prepare and process Ordinances for City Council approval of claim settlements in excess of $5000, per City Charter 1.106.

Subrogation

  • Pursue collections from third parties responsible for damage to city property whether caused by accidents, incidents or intentional acts.
  • File claims with third party insurance. Pursue repayment through arbitration, small claims court or collections.
  • Seek court ordered restitution, as necessary.
  • Process and return 85% of recoveries to bureaus per PCC 5.50

Employment Practice Liability Program

Portland City Code 3.72
  • Investigate all BOLI/EEO written complaints and respond on behalf of bureaus per PCC 315.020 F 3,4.
  • Investigate all Employment Torts per ORS 659. 
  • Defend meritless claims