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Council amends, defers code change on Law Department settlement thresholds and reporting
Summary
Councilmembers debated an amendment to update Chapter 2.4 of the Metro Code to raise settlement thresholds and expand reporting; the amendment was discussed, revised demands were raised by the law department, and the item was deferred one meeting for further work.
The Budget & Finance Committee considered amendments to a bill that would modernize Chapter 2.4 of the Metropolitan Code of Laws (Department of Law) by increasing settlement thresholds and expanding reporting about judgments and outside legal costs. Sponsors and committee members said the goal was more transparency and efficiency; the committee ultimately voted to defer consideration for one meeting to allow sponsors and the Department of Law to reconcile differences.
Councilmember Benedict, speaking for sponsors of the amendment, said the change aims to require written communication to department heads when departmental funds are used in a settlement, to lower one proposed ceiling from $35,000 to $25,000, and to require reporting of cases when a judgment is entered rather than only when finalized. “The goal here is more transparency,” Benedict said, describing the amendment as a “transparency amendment.”
Allison Bussell of the Department of Law (litigation division) told the committee the department’s proposed modernization intended to reduce administrative delay: current thresholds are outdated and hundreds of small claims require council action. Legal staff said they routinely consult department heads and recommended language changes to preserve the department’s ability to make final decisions in the event of an irreconcilable difference with a department head. Bussell also raised a practical concern about changes that would require reporting judgments immediately after trial: those judgments are often followed by motions to reduce awards and appeals, and reporting earlier in the process would increase the volume of items reported and could generate confusion.
Committee members asked for clarity about whether property-damage claims should have different thresholds than other claims; legal staff said property damage often includes receipts and therefore can be quantified more precisely, which is a defensible reason for a separate threshold. Members also asked whether the amendment’s reporting requirements would create confidentiality or operational issues; legal staff said settlements handled by Metro are generally not confidential and that the department can provide additional reports as requested.
Councilmember Johnston moved, and the committee approved, a one-meeting deferral to give sponsors and legal staff time to refine language on consultation versus guidance, include delegated officials in consultation language and clarify the timing and format of the proposed reports. The deferral passed by unanimous voice vote.
