[HISTORY: Adopted by the Orangetown Town Board: Art. I, 2-14-1977 by L.L. No. 1, 1977. Amendments noted where applicable.]
[Adopted 2-14-1977 by L.L. No. 1, 1977]
The Town Board of the Town of Orangetown takes cognizance of the fact that there are many small claims against the Town of Orangetown which the Town is morally obligated to pay on the basis of justice or equity. The Town Board further recognizes that the amounts of some of these claims are not worthwhile litigating from the point of view of claimants in view of the legal expenses, time and effort which would be involved. The Town Board is aware that Town Law § 68, Subdivision 4, provides a procedure for certain towns to compromise or settle certain claims where the amount does not exceed $300, which amount is an unrealistic figure in today's economy. Accordingly, under the provisions of the Municipal Home Rule Law § 10, the Town Board is desirous of acknowledging these claims and providing a procedure which will be fair to the claimant and which will simultaneously protect the interests of the Town of Orangetown.
[Amended 2-24-1997 by L.L. No. 1, 1997]
This local law shall apply to claims against the Town of Orangetown not in excess of $7,500. It shall not apply to claims where there is a third party claim or an indemnification claim. It shall also not apply to claims where the statute of limitations has expired. This local law shall not apply to any claim which is in litigation unless the action or proceeding is discontinued. It shall apply to moral, equitable and legal claims against the Town and shall include refunds for payments made voluntarily or through ignorance or pure mistake of law. It shall not apply to claims for which the Town of Orangetown has liability or other insurance.
The claimant shall file a notice of claim in duplicate with the Town Clerk. The Town Clerk shall then maintain a copy in the permanent file and shall forward the other copy to the Clerk to the Supervisor. The Clerk to the Supervisor shall then review the claim and shall forward a copy or copies to the appropriate department or departments involved for their comments, recommendations and background. A signed letter shall be acceptable as a notice of claim.
Any of the official agencies, departments, boards or officials of the Town may require appropriate documentation, estimates, snapshots, paid bills, canceled checks or other documentation to substantiate the claim and may also require affidavits or sworn depositions from the claimant or other parties in support of the claim.
Upon receiving the aforesaid recommendations and upon receiving a recommendation from the office of the Town Attorney, the Town Board may compromise any claim falling within the purview of this local law. The Town Board is not obligated to compromise any claim regardless of the recommendations received pursuant to the procedures in this local law.
This local law shall take effect immediately upon adoption, filing and publication and posting as provided by law.