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TO: Mayor Richard C. Irvin
The Honorable Members of the City Council
FROM: Richard J. Veenstra
Corporation Counsel
DATE: June 6, 2019
SUBJECT:
Settlement authority of the Corporation Counsel
PURPOSE:
To formalize the settlement authority of the Corporation Counsel.
BACKGROUND:
By custom, practice, and necessity, the City Council has afforded the Corporation Counsel some authority to settle claims made against the City without requiring the formal approval of the City Council. In recent years, $25,000 has been the point at which the Council has expected to be consulted before the Corporation Counsel undertakes settlement. This amount is consistent with the general purchasing authority of a department head, but does not appear to have been formalized through motion, resolution or ordinance.
DISCUSSION:
For practical reasons, and to avoid any ambiguity or question of authority, it is preferable to formally define the scope of the Corporation Counsel's authority. The attached outline, which is proposed to be adopted by resolution, establishes reasonable parameters for settlement authority. The Corporation Counsel in consultation with the Mayor may settle claims up to $50,000 and in consultation with the Council may settle claims up to $100,000. All settlements exceeding $100,000 will require formal approval by the Council.
The outline also proposes to require Council consultation before the Corporation Counsel resolves any claim against a City officer or employee alleging conduct that would constitute "unlawful discrimination" within the meaning of the Illinois Human Rights Act.
Finally, all settlement agreements are public records subject to inspection and copying under the Freedom of Information Act. The outline provides that the Corporation Counsel may not settle any claims through agreements that purport to require confidentiality or otherwise exceed any of the other settlement parameters.
IMPACT STATEMENT:
Adoption of this resolution will not si...
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