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An ordinance amending Chapter 2.40 of the Metropolitan Code of Laws relative to the Department of Law.
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WHEREAS, Chapter 2.40 of the Metropolitan Code of Laws outlines some of the duties and powers of the Department of Law of the Metropolitan Government of Nashville and Davidson County (“Metro”); and,
WHEREAS, it is necessary to clarify the Department of Law’s authority to settle claims efficiently and with appropriate departmental consultation; and,
WHEREAS, it is in the best interest of the Metropolitan Government to update the Metropolitan Code to implement these changes.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 2.40.100 of the Metropolitan Code and its caption are hereby amended by deleting the caption and section in its entirety and substituting in lieu thereof the following:
“Settlement of claims against metropolitan government and its employees.
The metropolitan attorney is authorized to settle any property damage claim against the metropolitan government for an amount not to exceed twenty-five thousand dollars, and any other type of claim against the metropolitan government or any official, whether elected or appointed, officer, employee, or member of a board or commission of the metropolitan government who was acting on behalf of the metropolitan government for purposes of the claim, for an amount not to exceed twenty-five thousand dollars. For all claims that are the subject of litigation, the metropolitan attorney or delegee shall consult with the applicable department head or delegee before final approval of a settlement (if twenty-five thousand dollars or less) or before filing the resolution seeking metropolitan council approval of a settlement (if over twenty-five thousand dollars). For settlement of claims through the department of law’s claims division, the metropolitan attorney or delegee shall consult with the applicable department head or delegee before filing the resolution seeking metropolitan council approval of the claim (if over twenty-five thousand dollars). The metropolitan attorney shall provide a report of all claims settled through the claims division for twenty-five thousand dollars or less to the heads of departments involved in the settlements and the metropolitan council on a quarterly basis.”
Section 2. Section 2.40.110 of the Metropolitan Code is hereby amended by removing the section in its entirety and substituting in lieu thereof the following:
“The department of law is authorized to settle all claims for damages to metropolitan government property caused by the negligent or unlawful acts of others, for an amount not to exceed twenty-five thousand dollars. Upon settlement of such claims, the proceeds derived therefrom shall be paid into the metropolitan government treasury in accordance with the procedure established by the Charter or the director of finance pursuant thereto.”
Section 3. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.