Chapter 335 SETTLEMENTS AND SMALL CLAIMS

Cross References

335.01 Department heads settling claims.

335.012 City attorney settling claims.

335.015 Refund of permit fee.

335.02 Warrant of auditor.

335.03 Quarterly statement.

335.04 City employee losses.

335.05 False claims.

Cross References

Auditor paying claims - see CHTR. Sec. 84
Proof or payment of claims - see Ohio R.C. 705.20, 733.13

335.01 Department heads settling claims.

The various department heads are authorized to settle or compromise on behalf of the city any claim against the city allegedly resulting from acts of negligence wherein the amount to be paid in settlement of any claim does not exceed two thousand five hundred dollars ($2,500.00), and wherein said settlement is deemed to be in the best interests of the city. The compromise or settlement may be effected by securing a release from the claimant. However, no department head shall be authorized to settle claims except those arising out of alleged negligent acts relating to the functions of the department. (Ord. 801-73; Ord. 1576-00 § 2 (part).)

335.012 City attorney settling claims.

(A) The city attorney is authorized to compromise or settle on behalf of the city any claim against the city wherein the amount to be paid in settlement of any claim does not exceed twenty thousand dollars ($20,000.00), and wherein the settlement is deemed to be in the best interests of the city. The compromise or settlement may be effected by securing a release from the claimant.
(B) The city attorney is authorized to compromise, settle, and release, on behalf of the city any claim or lawsuit in favor of the city wherein the amount alleged to be due to the city does not exceed twenty thousand dollars ($20,000.00) and wherein the city attorney finds one (1) or more of the following factors: the financial condition of the debtor is such as to make settlement or compromise of the claim advisable; there is a possible legal defense to the city’s claim; the whereabouts of the alleged debtor cannot be determined; the probable cost of collection exceeds the amount due; the settlement or compromise is in the best interests of the city. (Ord. 801-73; Ord. 1576-00 § 2 (part); Ord. 126-01 § 1.)

335.015 Refund of permit fee.

Upon return to the issuing authority of any unused permit required by the provision of the Columbus City Codes, 1959, the issuing authority shall refund to the person named therein the permit fee paid less such amount as the issuing authority determines to be the reasonable costs to the city in connection with issuing such permit and making such refund.
Provided, however, that no refund shall exceed the sum of one thousand dollars ($1,000.00) and that this section shall not apply to permit fees which are otherwise specifically precluded from being refunded by the provisions of the Columbus City Codes, 1959. (Ord. 1570-62.)

335.02 Warrant of auditor.

The city auditor is authorized and directed to draw a warrant upon the city treasurer for payment of any claim compromised or settled as provided in Section 335.01 or Section 335.012, upon receipt of a voucher approved by the appropriate department head if the claim is compromised or settled by a department head in accordance with Section 335.01, or by the city attorney if the claim is compromised or settled in accordance with Section 335.012. (Ord. 688-58; Ord. 630-66; Ord. 1576-00 § 2 (part).)

335.03 Quarterly statement.

Each department shall furnish a quarterly statement to city council, the mayor, the city auditor and the city attorney on each claim paid under the provisions of 335.01 of these codes.
The city attorney shall furnish a quarterly statement to the city council, the mayor, the city auditor and each department director on each claim paid under the provisions of 335.012 of these codes. (Ord. 688-58; Ord. 1576-00 § 2 (part).)

335.04 City employee losses.

The various department heads are authorized to settle claims with employees of the city for loss or damage to their personal property arising from or because of any occurrence suffered by employees duly acting within the scope of their employment and within the hour of actual employment under the following conditions:
(A) No employee shall be reimbursed for any loss in excess of three hundred dollars ($300.00) per item of personal property lost or damaged.
(B) No individual employee shall be reimbursed for more than six hundred dollars ($600.00) for all items of personal property lost or damaged as a result of any one incident.
The city auditor is authorized to draw his warrant upon the city treasurer in payment of any claim presented as set forth in this section, upon receipt of a voucher certifying the date, time, location and description of the incident which is the cause of the claim. The voucher shall be approved by the appropriate department head as being fair and accurate reimbursement for the article damaged or lost.
(C) No employee shall be reimbursed for any item of personal property lost or damaged wherein the employee has been negligent in the occurrence in which the alleged loss arose. (Ord. 1681-77; Ord. 1576-00 § 2 (part).)

335.05 False claims.

(A) Liability for Certain Acts. Any person who:
(1) Knowingly presents, or causes to be presented, to an officer or employee of the city a false or fraudulent claim for payment or approval;
(2) Knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the city;
(3) Conspires to defraud the city by getting a false or fraudulent claim allowed or paid;
(4) Has possession, custody, or control of property or money used, or to be used, by the city and, intending to defraud the city or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt;
(5) Authorized to make or deliver a document certifying receipt of property used, or to be used, by the city and, intending to defraud the city, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the city, who lawfully may not sell or pledge the property; or
(7) Knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the city,
is liable to the city for a civil penalty of not less than five thousand dollars ($5,000.00) and not more than ten thousand dollars ($10,000.00), plus three (3) times the amount of damages which the city sustains because of the act of that person, except that if a court finds that:
(a) The person committing the violation of this subsection furnished officials of the city responsible for investigating false claims violations with all information known to such person about the violation within thirty (30) days after the date on which the defendant first obtained the information;
(b) Such person fully cooperated with any city investigation of such violation; and
(c) At the time such person furnished the city with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this section with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation;
The court may assess not less than two (2) times the amount of damages which the city sustains because of the act of the person. A person violating this subsection shall also be liable to the city for the costs of a civil action brought to recover any such penalty or damages, including attorney fees.
(B) Knowing and Knowingly Defined. For purposes of this section, the terms “knowing” and “knowingly” mean that a person, with respect to information:
(1) Has actual knowledge of the information;
(2) Acts in deliberate ignorance of the truth or falsity of the information; or
(3) Acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required.
(C) Claim Defined. For purposes of this section, “claim” includes any request or demand, whether under a contract or otherwise, for money or property which is made to the city or to a contractor, grantee, or other recipient of the city if the city provides any portion of the money or property which is requested or demanded, or if the city will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
(D) Any information furnished to the city pursuant to subparagraphs (A) through (C) shall be considered confidential.
(E) Exclusion. This section does not apply to claims, records, or statements made under Chapter 361 of the city code.
(F) Any person who is found by the court to have violated this section shall be barred from receiving a contract from the city for a period of three (3) years.
(G) The city attorney is authorized to commence an action in a court of competent jurisdiction to collect the civil penalty or multiple damages provided by this section, and prior to the commencement of an action the city attorney is authorized to negotiate the settlement of a claim under this section. (Ord. 2163-93.)