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.

• 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

• 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