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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