HomeMy WebLinkAbout078 - Lawsuit Service Policy ADMINISTRATIVE ORDER NO. 78
March 1 , 2000
TO: All Departme t
FROM: Gary Crutchfi Manager
RE: Lawsuit Service Policy
I. PURPOSE :
This policy is to provide direction to all employees when presented with legal papers
whether by personal delivery, mail, or by finding them posted on city property; and what
should be done with these papers to ensure that the appropriate official is aware of them
• and able to make a timely response.
II. EMPLOYEES AFFECTED:
All employees, regular and temporary full-time, regular and temporary part-time, and
volunteers.
III. REFERENCES:
RCW 4.28.080(2)
IV. DEFINITIONS :
"Legal Service" means any pleading or notice issued by a Court, governmental, taxing or
administrative agency. These generally fall into three categories which include (a) claims
against the city which include any summons, complaint, claim, notices or orders; (b) claims
against property held by the city such as garnishments, orders, warrants, liens and
attachments; and (c) demands for information from city employees such as s0re�er.a*..
interrogatories and depositions.
• V. POLICY:
Under Washington law, legal service must be made to the Mayor, the City Manager or
during normal office hours, the City Clerk or Deputy City Clerk as the designated agent of
the Mayor or City Manager. No other employee is authorized to accept legal service on
behalf of the city or any employee of the city. Any employee who is approached for the
purposes of legal service should direct the service to the City Clerk or Deputy City Clerk.
Any employee who becomes aware of legal service, whether left by a process server,
received through the mail, or discovered upon city property must immediately deliver the
legal service to the City Clerk or Deputy City Clerk. In so far as possible, the employee
should be prepared to provide details concerning the service, i.e., to whom, from whom,
where, time and date.
VI. PROCEDURE:
A. When presented with legal service the City Clerk shall log acceptance of the
document(s) and stamp them with a time/date receipt stamp.
B. The City Clerk will then copy the document(s) served on the city and distribute
copies to the:
1 . City Manager
• 2. City Attorney
3. Risk Manager
4. Appropriate Department Head
5. Individual (if any named)
C. The City Clerk will then file the document(s) in the Clerk's vault.
D. The Risk Manager will review the document(s) and determine if there is a liability
exposure. If there is a determination that the suit claims city liability, the Risk
Manager will prepare a report to the city's liability insurer advising them of the claim
within twenty-four (24) hours of receipt of the documentation.
E. Within three (3) days the Risk Manager will meet with the City Manager to determine
the disposition of the document(s) and to determine who will take the lead role in the
issue.
•
ADMINISTRATIVE ORDER NO. 78 - PAGE 2