Title
Ordinance No. 25-48 amending Section 104 (Council Meetings; Procedure) of Part 1 (Elective Officers), and Sections 406 (Settle Claims) and 407 (Make Reports) of Part 4 (Powers and Duties of the City Attorney) all of Article 2 (Officers of the City) of Chapter 1 (Administrative, Personnel and Finance) of the Code of the City of Colorado Springs 2001, as amended, pertaining to housekeeping amendments related to City Council and City Attorney settlements
Presenter:
Wynetta Massey, City Attorney
Erik Lamphere, Employment/Litigation Division Chief
Body
Summary:
These amendments are intended to make these sections of the City Code consistent with proposed amendments to City Code §§ 1.5.503 and 1.5.506, which set the specific settlement authority granted to the City Attorney, Claims Review Board, and City Council. These provisions of Article 2 of the City Code streamline references Part 5 of Article 5 of Chapter 1 of the City Code, where the specific amounts of settlement authority are set forth. This housekeeping amendment (1) will make all references to the City Attorney’s, Claims Review Board’s or Council’s settlement authority in the City consistent; and (2) will eliminate the need to amend Article 2 of Chapter 1 should settlement authority be changed in the future.
Background:
The City Attorney is responsible for conducting “all cases in court in this State wherein the City shall be party plaintiff or defendant, or a party in interest.” City Charter § 13-80. In the process of defending litigation against the City, facts, law, and circumstances are such that it is often in the City’s best interests to settle. The monetary limits to the City Attorney’s and Claims Review Board’s authority to settle claims (City Code § 1.5.503) and litigation (City Code § 1.5.506) was established in 1990 and has not changed in 35 years. Based on the rate of inflation and other considerations, the City Attorney recommends an increase in settlement authority limits for general claims (City Code § 1.5.503) and litigation (City Code § 1.5.506) and for police use of force claims and litigation.
Should the settlement authority limits found in City Code §§ 1.5.503 and 506 be amended, City Code §§ 1.2.104 and 1.2.406, and 1.2.407 need housekeeping amendments to keep all City Code provisions related to settlement authority consistent.
Previous Council Action:
City Council approved Ordinance No. 90-58, which established the City Attorney’s and Claims Review Board’s settlement authority limits for claims and litigation.
The proposed increase in settlement authority, which necessitates these housekeeping amendments, was presented to City Council at the February 24, 2025, City Council Work Session. These housekeeping amendments were not discussed at that time as (1) Council had not agreed to consider the City Attorney’s request to increase settlement amount authority, and (2) these amendments are not substantive changes to the City Code but rather are required to keep all City Code references to settlement authority consistent.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
1. Adopt the housekeeping ordinance as presented.
2. Adopt housekeeping amendments that restate the specific settlement authority limits set forth in §§ 1.5.503 and 506, should settlement authority increase.
3. Decline to adopt the housekeeping ordinance should City Council choose not to adopt amendments to §§ 1.5.503 and 506.
Recommended Action
Proposed Motion:
Ordinance No. 25-48 Amending Section 104 (Council Meetings; Procedure) of Part 1 (Elective Officers) and Section 406 (Settle Claims) and Section 407 (Make Reports) of Part 4 (Powers and Duties of the City Attorney) of Article 2 (Officers of the City) of Chapter 1 (Administrative, Personnel and Finance) of the Code of the City of Colorado Springs 2001, as Amended, Pertaining to Housekeeping Amendments Related to City Council and City Attorney Settlements
Summary of Ordinance Language
Housekeeping amendments to City Code §§ 1.2.104 and 1.4.406 and 1.4.407 Related to City Council and City Attorney Settlements