Service |
Description of Service |
Tort Liability Management
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- 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.
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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.
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Subrogation
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- 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
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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
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