Chapter 5.50 Collections Section

City Code Chapter

(Chapter added by Ordinance No. 147159, effective February 1, 1979.)

5.50.010 Collections Section.

(Amended by Ordinance No. 181483, effective January 18, 2008.)

A.  A Collections Section shall be established within the OMF Risk Management Division.  This Section shall be responsible for the investigation, billing, collection and compromise of accounts receivable generated by losses suffered by the City including, but not limited to, vehicle accidents, street light and traffic accidents, property damage for vandalism or negligence and theft, and claims by the City for services rendered without a formal contract including, but not limited to property board ups, but not any claim for which the City may impose a lien.  If necessary, the Collections Section may assign individual accounts to outside collection agencies.  This Section shall also be responsible for gathering cumulative data necessary for establishing methods to remove or reduce the causes of such losses in the future.

B.  The bureau sustaining the loss or damage shall send a report to the Collections Section within 2 working days from the date of loss or damage.  The bureau shall supply all information relating to the loss to the Collections Section and shall cooperate with and assist the Collections Section in the investigation and collection of such loss or damage.

C.  The Collections Section shall recommend that the City Attorney institute suit in appropriate cases.  The City Attorney shall institute legal proceedings for the City in any court or tribunal upon direction of the Council or with the approval of the Commissioner of Finance and Administration and for good cause shown.

D.  Nothing in this Chapter shall be applicable to accounts receivable arising under any contract.

5.50.020 Compromise Authorization.

The Collections Section with the approval of the Commissioner of Finance and Administration is authorized and directed to effect compromises in all cases where in the judgment of the collections Section, substantial justice can thus be achieved.  These compromises are authorized in all cases involving an original claim of $5,000 or less.

Where the amount of the original claim is greater than $5,000 but less than $10,000, the Collections Section with the approval of the Commissioner of Finance and Administration is authorized to accept compromises which provide for payment to the City of not less than 50 percent of the amount of the original claim.  Where the amount of the original claim is greater than $10,000, the Collections Section with the approval of the Commissioner of Finance and Administration is authorized to effect compromises which provide for payment to the City of not less than 75 percent of the original claim.  Where the amount of the original claim is greater than $5,000, lesser amounts than herein specified may be accepted in compromise only with Council approval.  The Collections Section with the approval of the Commissioner of Finance and Administration is authorized to cancel accounts receivable invoices of under $5,000 in amount or accept promissory notes or confessions of judgment where in the judgment of the Collections Section, substantial justice can thus be achieved.

All compromises shall be in writing utilizing forms approved by the City Attorney.

5.50.030 Money Collected.

All monies collected by the Collections Section will be credited to the appropriate City fund less a service charge of 15 percent for all claims for damages to its property against any third party tort-feasors arising out of an accident or incident.  A 25 percent service charge will be required if necessary to assign to an outside collection agency.  This service charge will be credited to the Insurance and Claims Fund.  Financial records of amounts recovered will be cumulated and maintained by the Collections Section indicating the bureau and fund for which such amounts are recovered.