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6.5B <br /> Page 1 <br /> REPORT <br /> To the Honorabie Mayor and City Council <br /> From the City Manager <br /> December 14, 2009 <br /> SUBJECT <br /> Claim from Guillermo Arreola <br /> RECOMMENDATION <br /> Reject subject claim by operation of faw, <br /> BACKGROUND <br /> This claim is being brought to the Council because if this claim results in a monetary <br /> settlement,the settlement could exceed$15,000. According to resofution no. 14595, if an <br /> amount to be paid for a general liability claim exceeds $15,000, any denial, allowance, <br /> allowance in par�, settlement, or compromise must be approved by Council. <br /> Mr. Arreola has placed a claim against the City's Police department alleging false arrest <br /> and physical injury. <br /> It has been recommended by Rosemary Oberhelman, the City's liability adjuster from <br /> George Hills Company, that this claim be denied. <br /> ALTERNATIVES <br /> If this claim is not rejected by operation of law, the statute of limitations for the claimant to <br /> file a court action on the claim is extended from six months to two years,thereby placing <br /> the City in a more�scally vulnerable position in defending this matter. <br /> FISCAL IMPACT <br /> The rejection of this claim by operation of law has no directfiscal impact. However,shh to <br /> the claimant elect to affect litigation to this inc�dent, we have no bas�s w�th wh c <br /> estimate the legal expenses or a settlement,should such estimates ultimatety be required. <br /> � <br /> Brian Ponty Peter Ingram <br /> Director of Finance City Manager <br /> ATTACHMENTS <br /> None <br /> RELATED DOCUMENTS 1N CITY CLERK'S OFFICE <br /> None <br />