I continue to hear radio traffic where officers advise persons to file claims with the City Attorney's Office, and officers arguing about whether the City Attorney's Office will "accept" a claim under certain circumstances. Also, I have had several recent conversations with members of the public who advised me police told them the city "would pay for their damages," and there was "fund set aside to pay these claims." Apparently, there is a lot of confusion about the claims process. This bulletin will attempt to clear up that confusion.
Who
    Anyone can file a claim against the city. It is not up to either the city attorney's office or the city clerk's office to "accept" them. If a person fills out a claim form, the claim will be accepted. It may not be paid, but it will be accepted.
What
    A "claim" is a right to request compensation for damages resulting from a municipal agent or employee's tort or civil rights violation. § 2-478 of the Code of the City of Topeka (1994), as amended.
When
    In most cases, claims must be filed within the two-year statute of limitations that governs most negligence and civil rights claims. Claims alleging intentional torts, such as assault, battery, libel or slander have a one-year statute of limitations, so any claim based on those theories must be filed within one year of the alleged commission of the offense.
Where
    Section 2-476 of the code states that every claim for damages against the city shall be filed by depositing such claim with the city clerk, not the city attorney's office. Members of the public are understandably upset when the police tell them to call the city attorney's office and the city attorney's office redirects them someplace else. After a claim is filed, the clerk's office will forward a copy of it to the city attorney's office, which investigates it and makes a determination whether it should be paid or denied.
Why
    Claims can be filed against the city for virtually any reason. Some examples of claims from police activities include:

• Property damage caused by forced entries
• Claims for property that was lost or stolen while a vehicle was in the police impound lot
• Claims for property that was confiscated and never returned after it was no longer needed as evidence
• Claims for money that was seized without lawful authority and not returned.

    Although the city code establishes a special liability fund (§ 2-343), not all claims which are paid will be paid from that fund. Some claims are charged back to department or agency expense funds, and police claims are sometimes paid from police funds. Persons who wish to file claims should not be told, unless they specifically ask, that one or more funds are available for payment of claims. Telling persons that there is a fund or funds for payment of claims could create unrealistic expectations that the city has money just laying around to be doled out when people ask for it. As a city employee, you should be well aware that is not the case.
Summary

• Do not tell people to contact the city attorney's office if they wish to file a claim.
• Any inquiries regarding unfiled claims should be directed to the city clerk's office.
• Any inquiries regarding claims that have been filed within the past 120 days should be directed to the city attorney's office.
• Do not make any statements to a person wishing to file a claim about whether the claim will be paid.
• Do not offer your opinion to the claimant on whether the city or its employees are liable.
• If persons have questions about the claims process, you can tell them claims are filed in the city clerk's office, the city attorney will investigate the claim, and a decision will be made within 120 days.
• Claimants are normally notified of the outcome of their claim by mail. If notification is not sent within 120 days, the claim is deemed denied. The claimant then must decide whether to appeal to the city council or file a lawsuit to pursue their claim.