ORDINANCE NO. O-25-5

LEGAL NOTICE
CITY OF WARWICK
ORDINANCE NO. O-25-5

APPROVED April 8, 2025
Frank J. Picozzi, MAYOR

AN ORDINANCE AMENDING SECTION 2-13 OF THE CODE OF ORDINANCES TO CLARIFY THE PROCEDURE FOR CLAIMS AND APPEALS OF DETERMINATIONS

Be it ordained by the City of Warwick:

Section I: Chapter 2, Article I, Section 2-13 of the City of Warwick Code of Ordinances is hereby amended as follows:

Sec. 2-13. Procedure for processing claims against the city.  

            (a) If a claim against the city is based upon damage or harm caused by a vendor or contractor doing work for the city, the claim must first be pursued against the vendor or contractor before it can be presented to the city council. The claimant must file a written disposition of the claim by the vendor or contractor with the city clerk at the time of filing the claim against the city.

            (b) Upon filing a claim against the city, the claimant shall also file an affidavit, in a form approved by the city council, to be executed by the claimant or his or her legal representative attesting whether the claimant has received, or will seek compensation from, any source other than the city, including but not limited to, the claimant's insurance company for any loss attributable to the incident which is the subject of claimant's claim against the city.

            (c) On the first business day of each month, directors of departments presented with claims against the city shall:

            1) Report to the Mayor, City Council, and City Clerk of any determination on claims made against the city for less than $2,500; and

            2) Send a copy of a determination  to the claimant through electronic means if an e-mail is provided, otherwise through traditional mail.

Any claimant or member of the City Council can appeal the determination of the department within fourteen (14) days of the issuance of notice of determination. Such appeal may be made by timely providing either electronic notice or delivery of written notice to the City Clerk. Upon the timely receipt of appeal, the Council President shall cause to be docketed a PCR for the appeal of such claim, to be considered at the next regularly scheduled meeting of the City Council following its docketing.

            A firm or individual who is licensed under the laws of the State of Rhode Island as an independent motor vehicle damage appraiser shall be retained by the city, after competitive bid, to appraise damages to motor vehicles for all claims in excess of $500.00, but less than $2,500.00. For any claim involving property damage to a claimant's motor vehicle alleged to be in excess of $500.00, but less than $2,500.00, the appraiser shall contact the claimant in a timely manner to make arrangements to view the claimant's motor vehicle for the purposes of preparing an independent damage appraisal. Within 20 days of the claim filing date, a written damage appraisal report shall be submitted to the public safety committee of the city council. The public safety committee shall review the report prior to voting on any claim under this subsection, but in the event that no report is available to the committee, it may continue the matter until a report is available, or it may render a decision without the aid of the report.

            The city purchasing agent is hereby directed to prepare a request for proposals (RFP) and solicit competitive bids for an independent motor vehicle damage appraiser to be retained by the city in order to carry out the purposes of this subsection.

            (d) The city clerk shall deliver a copy of this section to each person filing a claim against the city.

Section II: This Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY:  COUNCIL PRESIDENT SINAPI
COUNCILMAN LADOUCEUR
COUNCILMAN GEBHART
COUNCILMAN FOLEY

COMMITTEE:  ORDINANCE

Attest:
Lynn D’Abrosca, City Clerk