City attorney asks council to allow limited authority to file small civil claims up to $35,000

City Attorney Amanda Stanley on June 3 presented a proposed ordinance, drafted after a policy-and-finance committee review, that would authorize the city attorney to initiate civil litigation in the city’s name for certain tort and contract claims not exceeding $35,000 at the time of filing.

Stanley said existing Kansas case law requires a governing body’s affirmative action to file litigation on behalf of a municipality, which can delay recovery for routine, low-dollar damages such as a contractor striking a water line, a driver hitting a streetlight, or damage to city vehicles. "There are low level claims that it does not make sense to come to the governing body meeting and ask to initiate damages for a $250 claim," Stanley said, arguing the change would advance efficiency while reserving large or policy-sensitive matters for council review.

The proposed ordinance, she said, would be limited to tort and contract causes of action and would not eliminate council oversight for higher-dollar or non-monetary actions. Stanley told council members the intent was to enable timely filings to avoid statute-of-limitations and to avoid using litigation as a substitute for negotiation when insurance carriers dispute claims.

Council members asked about record-keeping and expected returns; Stanley said departments already document incidents and that the city’s risk-management and legal staff would continue to work together to ensure proper evidence is preserved. The item was discussed in the policy-and-finance committee prior to the full council meeting and was presented for council consideration; no vote was recorded in the public minutes of the June 3 meeting.