AGENDA ITEM SUMMARY

Consider denial of claim purporting to be ante litem notice, pursuant to O.C.G.A. Sec. 36-33-5, in letter directed to City Manager Kenny Smith, dated October 27, 2015, from Sanchez Hayes & Associates, LLC, on behalf of Aveory Allen and Derek Wilder. Claim alleges damages from "derogatory press release issued by Griffin Police Department on or about April 28, 2015. City Attorney Drew Whalen will address.

O.C.G.A. Sec. 36-33-5 requires a person having a claim for money damages on account of injuries to person or property to give written notice to the City's governing body in accordance with the statutory procedure. This letter, addressed to City Manager Smith purports to be such notice and recites the date of the event as April 28, 2015. Notice must be given within 6 months of the event upon which the claim is predicated. The City Manager received the letter by fax on October 28, 2015 and by certified mail on October 30, 2015. The law requires "A claim submitted under this Code section shall be served upon the mayor or chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or by statutory overnight delivery." This requirement does not appear to have been met.

Denial of claim

Demand is made against the City in the sum of $200,000.00 All claims against the City are submitted to GIRMA for adjustment. The City has a "per occurrence" deductible of $25,000.00.