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Record #: O2017-5612   
Type: Ordinance Status: Failed to Pass
Intro date: 7/26/2017 Current Controlling Legislative Body: Committee on Finance
Final action:
Title: Amendment of Municipal Code Section 2-60-080 by requiring City Council approval for Corporation Counsel settlements, claims, judgements or verdicts of $100,000 or more
Sponsors: Burke, Edward M., Beale, Anthony, Sawyer, Roderick T.
Topic: MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 60 Dept. of Law
Attachments: 1. O2017-5612.pdf
Related files: R2019-362
ORDINANCE
WHEREAS, the City of Chicago is a home rule municipality as described in Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois; and

WHEREAS, pursuant to its home rule power, the City of Chicago may exercise any power and perform any function relating to its government and affairs including the power to regulate for the protection of the public health, safety, morals, and welfare; and

WHEREAS, the defense of claims against the City and pursuit of its interests in claims against others is an essential government function, as is the oversight of such activities; and

WHEREAS, Illinois law provides that the corporation counsel "shall be and act as the legal adviser of the city council and of the several officers, boards and departments of the city," and that he or she "shall appear for and protect the rights and interests of the city in all actions, suits, and proceedings brought by or against it;" and

WHEREAS, the Municipal Code of Chicago establishes that the "corporation counsel shall have authority, when directed by the city council, to make settlements of lawsuits and controverted claims against the city;" and

WHEREAS, as has been the case for many years, the Annual Appropriation Ordinance for 2017 provides that no expenditure from any fund or line item may be used for the purpose of executing settlement agreements or entering into consent orders except upon order of the City Council, however, the section in question does not apply to settlement agreements or consent orders where the amount is $100,000 or less; and

WHEREAS, while the Corporation Counsel's and City Council's obligations with respect to payment of claims against the City are established, less clear is the oversight of settlements of claims in which the City accepts a settlement amount; and

WHEREAS, in 2015, the Circuit Court of Cook County awarded the City $29,103,076.23 in City of Chicago v. Expedia, Inc.; Hotels.com , L.P.; and Hotwire, Inc...

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