2.21.070 Procedure for handling claims.
A.1. All claims against the county for damages arising out of tortious conduct
shall be presented to and filed with the clerk of the council on a claim form provided
by the county or the state.
2. All such claims shall be verified by oath or affidavit and shall:
a. describe the conduct and circumstances that brought about the injury or
damage;
b. describe the injury or damage;
c. state the time and place the injury or damage occurred;
d. state the names of all persons involved, if known; and
e. contain the amount of damages claimed, together with a statement of the
actual residence of the claimant at the time of presenting and filing the claim and for a
period of six months immediately before the time the claim arose.
3. If the claimant is incapacitated from verifying, presenting and filing the
claim, if the claimant is a minor or if the claimant is a nonresident of the state, the
claim may be verified, presented and filed on behalf of the claimant by any relative,
attorney or agent representing the claimant. With respect to the content of such
claims, this section shall be liberally construed so that substantial compliance will be
deemed satisfactory.
B An action shall not be commenced against the county for damages arising
out of tortious conduct until a claim has first been presented to and filed with the clerk
of the council.
C. This section shall not affect the applicable period of limitations within
which an action must be commenced, but the period shall begin and shall continue to
run as if no claim were required.
D. The clerk of the council shall immediately transmit the original of the
claim to the risk manager and notify the civil division of the transmittal.
E.1. For all claims of one hundred thousand dollars or less, the risk manager
shall have the final payment authority and shall make final disposition by either
granting or denying the claim;

 2. For all claims over ten thousand dollars, the risk manager shall seek the
advice of the civil division before final disposition.
3. For all claims above one hundred thousand dollars, the county executive
shall make final disposition after receiving advice from the civil division and the risk
manager. (Ord. 17408 § 14, 2012: Ord. 8428 § 7, 1988: Ord. 3581 § 8,
1978. Formerly K.C.C. 4.12.070).