Middletown committee passes local law requiring hard-copy notices of claim

The Middletown Legislative Committee on Feb. 18 passed Local Law No. 1 of 2025, amending the city charter to require that notices of defects and notices of claim be delivered to the city in physical, hard-copy form rather than electronically or via social media.

City clerk explained the change as a clarification of existing language in the charter, saying the amendment “will require that these notices be delivered to the city in written physical hard copies.” The clerk gave the example of a notice of claim arising from an injury caused by a pothole and said the requirement is intended to ensure such notices reach the office that opens the statutory clock for claims.

Committee members asked for clarification on when the rule would apply and whether the change altered substantive claim procedures. The clerk said the amendment mostly preserves existing procedures but changes the delivery criteria to require hard copy, noting concerns that electronic notices can be missed: “An email can end up in your spam.” The clerk added that if there is disagreement about when a notice was delivered or received, it could jeopardize the city's litigation defense.

The committee recorded a voice vote in favor of the measure and the motion passed. The transcript does not specify who moved or seconded the measure, nor does it record a numeric roll-call tally; the committee did state it had a quorum of five members at the start of the meeting.

The committee adjourned after the vote. Implementation details such as an effective date or procedures for receiving mailed notices were not specified in the meeting record.