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CHAPTER 159 <br />Moral Claims <br />159.01 CREATION AND COMPOSITION. <br />There is hereby created a Moral Claims Commission which shall consist of four members that <br />shall include the Director of Law or a designated Assistant Director of Law, the President of <br />Council, the Director of Administration, and the Finance Director. The Commission shall only <br />meet as needed and may adopt rules of procedure for conduct of its meetings. <br />159.02 DEFINITIONS. <br />(a) Legal Claim: An obligation enforceable by law against the Village. <br />(b) Moral Claim: An obligation which by law is unenforceable against the Village; but based <br />upon principals of justice and equity, the Village may choose to and has the right to pay. Such <br />obligation must arise from injury or damage proximately caused from alleged action or inaction <br />(where there is a duty to have acted) of the Village in its governmental capacity. <br />159.03 CLAIMS DETERMINATION PROCEDURE. <br />(a) All claims against the Village arising from injury or damage from alleged acts or omissions of <br />the Village shall be referred to the Village Law Director. There will be no requirement as to the <br />form of the claim submitted. <br />(b) The Village Law Director shall determine whether the claim constitutes a Moral Claim or a <br />Legal Claim. Legal Claims shall be either submitted to the Village's general liability insurance <br />carrier or settled with approval of the Mayor, if the claim is within the Mayor's spending authority. <br />If the amount of the claim exceeds the. �sp <br />Mayor'sending authority, it will be presented to Council <br />for authorization to settle the claim. <br />159.04 MORAL CLAIMS EVALUATIOOROCEDURE <br />(a) Moral Claims shall be reviewed by the Village Law Director and, if additional information is <br />required, referred to the appropriate Village Department Head for further investigation in <br />accordance with this Chapter. <br />(b) Within thirty (30) days of receiving the referral from the Village Law Director, the Department <br />Head shall perform an initial investigation of the claim affording a thorough examination of the <br />facts and evidence. The investigation shall provide an opportunity for all interested parties to <br />present evidence in support of the claim. <br />(c) After the Department. Head complete the investigation, he or she shall provide a written <br />summary of the investigation and a recommendation to the Moral Claims Commission that the <br />claim be denied, approved, or approved in a modified amount. <br />14 <br />