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Council reviews constituent claim against DWP; instructs steps after heated debate
Summary
A constituent described lingering injuries and vehicle damage following an accident with a DWP employee; the council debated precedent and statute‑of‑limitations issues and voted to approve the floor recommendation to address the claim, while asking DWP to review claims processes.
Councilmembers discussed a special item (item 24) concerning a constituent's claim that a Department of Water and Power (DWP) employee caused an auto accident and that the claimant had ongoing medical issues and unrepaired vehicle damage.
The claimant described medical visits and ongoing dizziness and asked the council to help secure payment for medical bills and vehicle repairs. DWP claims staff and the city attorney explained the office’s handling of the claim: the department had investigated, commissioned appraisals and contested elements of the claimant's reported damages; a small claims action was filed in 1998 and then dismissed by the claimant after the hearing; the claims representative said the statute of limitations has since run and characterized further payment as a potential gift of public funds absent a legal obligation.
Several councilmembers strongly urged a humane resolution. Councilmember Bernsen and others emphasized the claimant’s civic involvement and the appearance of unfairness in bureaucratic handling. Councilmember Feuer asked what authority the council had to direct payment; the City Attorney said the council could request the DWP board to appropriate funds but could not compel them. The council debated precedent and potential administrative reform to streamline payments for small but legitimate claims.
Following debate, the council prepared the roll and recorded 12 ayes, approving the floor action on item 24 and instructing DWP and the city attorney to take steps consistent with the council’s recommendation (the transcript records the vote as approving the item as presented on the floor). Several councilmembers urged a review of risk management and claim handling to reduce bureaucratic delay.
Next steps: The DWP was asked to reconsider its claims processes and the council directed appropriate staff and the city attorney to review options for equitable resolution in this case consistent with legal constraints.
