Copyright 2005, Los Angeles Daily News

New policy considered as Burbank settlements soar

(Los Angeles Daily News 4/24/05) -- Propelled by a single case, legal settlement costs for Burbank this year have already outpaced those of previous years, although city policy means most such settlements are never made public.

The $450,000 settlement paid last month to a Sun Valley motorist who was hit by a Burbank police detective in a traffic collision is the costliest in years, officials said.

Last year, for example, the city had just three cases valued at $10,000 or more in claims or litigation: a total of $35,000 for two sidewalk-tripping cases and $16,000 for tree roots that damaged a property owner's sewer line.

None of the settlements was officially announced, however, leading some to advocate the city adopt a policy similar to that of the Los Angeles County Board of Supervisors, which recently said it will announce all legal settlements to the public after they are final.

"It wasn't illegal ... but it was just kind of a void. So it made it difficult for the public to learn what action the board took," said Judy Hammond, the county's public information officer.

Currently, the Burbank city attorney announces council-approved settlements when the council is the last party to sign off on the deal.

Cases in which the council simply authorizes a settlement are not announced - even after a settlement is final.

The policy, while legal, means most settlements are never publicized.

"Whenever a settlement is finalized, the agency or the legislative body should announce the terms," said Richard McKee, president of the Sacramento-based open-government group Californians Aware. "It could be a simple announcement where they simply provide a summary for the public, and if anyone wanted to see the settlement agreement then they could go and see the terms."

Peter Scheer, executive director of the California First Amendment Coalition, agreed, noting that Burbank and other cities should follow the county's lead.

Burbank city officials said they have not considered such a policy, but are not opposed to it.

"I certainly would like to follow suit with what other agencies are doing, but to be fair it's not something that's come up on my radar before," said City Councilman Jef Vander Borght.

Added City Attorney Dennis Barlow: "Could we do it? Sure, it's just never come up and we've never talked about it."

By Alex Dobuzinskis