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City of Cleveland Codified Ordinances, Chapter #155
PART ONE — ADMINISTRATIVE CODETitle IX — Boards And CommissionsChapter 155 — Moral Claims CommissionComplete to June 30, 2007
There is hereby established a Moral Claims Commission consisting of the Director of Law, who shall be Chairman, President of Council and two members of Council designated by him and the Director of Finance, all of whom shall serve as such without additional compensation. The Director of Law shall assign one of his assistants to serve as secretary of the Commission.
(Ord. No. 2036-52. Passed 3-2-53, eff. 3-9-53)
All claims arising from injury or damage from alleged acts of the City in its governmental capacity, or which arise from circumstances wherein but for the interposition of some defense peculiar to municipal corporations the City would otherwise be liable at law, or which arise from facts under which the City has the right and obligation in good conscience to pay for such injury or damage, shall be referred to the Moral Claims Commission, filed and properly designated either by number or short title or both. All such claims shall be carefully investigated by the Commission. The Chairman of the Commission shall, for the purposes of this chapter, have the power to administer oaths, compel attendance of witnesses and production of books and papers under the penalty provided in Section 111.08 of these Codified Ordinances. After such investigation, the Commission shall either approve, with conditions or limitations, or disapprove such a claim. Original papers relating to claims shall be filed in the office of the Director of Law and shall be preserved for not less than four years. The Director shall cause to be prepared and introduced into Council ordinances setting forth moral claims allowed by the Commission. Each such ordinance shall set forth the number of each claim, the general subject of the claim and the fund from which payment is to be made. The Director of Finance shall certify that funds are available for the payments contemplated by each such ordinance. After the approval of the ordinance by the Finance Committee and subsequent to at least one public hearing thereon, Council shall proceed to pass such ordinance introduced, or as it may be amended, after such public hearing.
(Ord. No. 389-81. Passed 2-23-81, eff. 2-24-81)
In addition to the claims set forth in Section 155.02, any claim based solely on current and future out-of-pocket expenses arising from injury, death or property damage incurred by a person, other than a peace officer, while attempting to apprehend a person suspected of committing a crime, or while attempting to prevent the commission of a crime, to preserve the public peace or to prevent public disturbance may be presented to the Moral Claims Commission. The claim must be filed within six months after the happening of the occurrence which resulted in injury or damage and its validity shall be determined by the Commission in the same manner as set forth in Section 155.02.
(Ord. No. 197-67. Passed 2-27-67, eff. 3-1-67)
(a) The Moral Claims Commission may fix an award for the payment of a claim. Such award shall be fixed in the discretion of the Commission as a matter of grace and not as a matter of right and shall in the case of personal injuries be based upon the medical expenses and loss of earnings incurred by such person.
(b) In the case of death of a person, the award shall be made to the widow, child or legal representative of the decedent.
(c) Payment of any award fixed by the Commission shall be made in the manner set forth in Section 155.02.
(Ord. No. 197-67. Passed 2-27-67, eff. 3-1-67)
Before any payment is made, the claimant shall execute and deliver an assignment to the City in such form as approved by the Director of Law agreeing to reimburse the amount of the payment to the City any sum of money obtained by the claimant arising out of the occurrence entitling the claimant to the payment, whether by judgment, settlement or otherwise against anyone legally responsible for the damage.
(Ord. No. 197-67. Passed 2-27-67, eff. 3-1-67)
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