Procedures For Tort Claims Governed By M.G.L. c. 258

Settlement during statutory presentment period. A claim under M.G.L. c. 258 must be assessed and acted upon within six months of receipt by the Executive Office of a Secretariat (or by the Office of the Attorney General when initial presentment is made there). The following procedures and Time lines shall be followed: Presentment Notice received by the appropriate Executive Office [or the Office of the Attorney General (AGO)] AGO forwards a copy of the notice to the appropriate Executive Office; the Executive Office forwards a copy of any notice it receives from a claimant to the AGO. Executive Office receives agency's investigation report and disposition recommendation. Executive Office has acted on recommendation in one of the following ways: commenced negotiations with claimant (or legal representative thereof) on settlements of $2500 and under: sent investigation report and settlement recommendation over $2500 to AGO or ; sent denial to claimant. AGO approves terms of settlement on recommendations over $2500. Executive Office commences settlement negotiations with claimant. Executive Office sends negotiated settlement documents to Comptroller (attention: DAB) together with assents of AGO and Executive Office for Administration and Finance (if required) and a release executed by claimant. The documents forwarded to the Comptroller should include the following: a copy of the presentment letter; a settlement memorandum describing the terms of the settlement; a release executed by claimant and; the consent of the Attorney General (for settlement over $2500) and the Secretary of Administration and Finance (for settlement over $20,000) if required. Comptroller processes settlement payment. 5.03: continued Presentment procedures have been completed. Executive Office has sent copies of investigation report, settlement documents and denials to AGO.