Claims by the Boards of Police Commissioners of St. Louis and Kansas City

PURPOSE: This rule prescribes procedures for requesting representation for purposes of section 105.726, RSMo, as amended by Senate Bills 420 and 344, 93rd General Assembly 2005. (1) All requests for representation pursuant to section 105.726.4, RSMo, must come from the Board of Police Commissioners of St. Louis or Kansas City, or their designees. The name and title of any designee must be provided by the Board to the Chief Counsel, Litigation Division, Attorney General’s Office (AGO). (2) All requests for representation must be made to: (A) For lawsuits and non-automobile accident claims: Chief Counsel, Litigation Division, AGO, PO Box 899, Jefferson City, MO 65102; or fax (573) 751-9456 (with original to follow). (B) For automobile accident claims: Office of Administration, Risk Management, PO Box 809, Jefferson City, MO 65102; or fax (573) 751-7819 (no original to follow). (3) All requests for representation must be made within the following time frames: (A) For lawsuits: within five (5) business days after the board receives service of summons or waiver of service forms, or within five (5) business days after notice to the board that an individual for whom the board seeks representation has received service of summons or waiver of service forms; (B) For non-automobile accident claims: within five (5) business days of notice of the claim, but sooner whenever possible; (C) For automobile accident claims: within ninety-six (96) hours, or four (4) business days, of the accident, but sooner whenever possible. (4) All requests for representation must be made in the following manner. (A) For lawsuits and non-automobile accident claims: 1. A letter requesting representation which includes the following information: A. The individual or entity for whom board is requesting representation; B. The date service was obtained (in cases involving summons), the date the waiver of service form was received (in cases involving waiver of service forms), or the date when notified of the claim (in cases involving non-automobile accident claims); and C. The street address, telephone number and any other relevant contact information for the individual or entity to be represented; 2. The following items must be attached to the letter requesting representation: A. The summons and petition or complaint and any other documents delivered with the summons (in cases involving summons); B. The waiver of service form and petition or complaint and any other documents which accompanied the waiver of service form (in cases involving waiver of service forms); C. The notice of the claim and any police report regarding the incident, if available (in cases involving non-automobile accident claims). If the police report is not available at the time the letter is sent, it must be sent as soon as it is available. (B) For automobile accident claims: a completed claim form (available from the AGO) and the police report regarding automobile accident, if available. If the police report is not available at the time the letter is sent, it must be sent as soon as it is available. (5) All persons or entities represented shall cooperate with the attorneys and risk management specialists conducting investigations and preparing any defense by assisting such attorneys and risk management specialists in all respects, including the making of settlements, the securing and giving of evidence, and the attending and obtaining witnesses to attend hearings and trial. Failure to cooperate, including failure to communicate as set forth above, will be cause for the AGO or the Office of Administration to decline or withdraw from representation. The AGO or the Office of Administration will promptly notify the board of any perceived failure to cooperate, and give the board an opportunity to respond to the notification and/or rectify the situation, before making the determination whether to decline or withdraw from representation. (6) Payment of all tendered claims will be submitted by the AGO or the Office of Administration, Risk Management to the Board of Police Commissioners of St. Louis or Kansas City, or their designees upon settlement of a claim. Payment must be issued within ten (10) business days of payment request and returned to the AGO or the Office of Administration, Risk Management for disposition of settlement. (7) Reimbursement up to a maximum of one (1) million dollars per fiscal year for each board of police commissioners established under Chapter 84, RSMo, pursuant to section 105.726.3, RSMo, shall occur at the end of each quarter following submission to the Chief Counsel, Litigation Division, AGO, PO Box 899, Jefferson City, MO 65102, of disbursement vouchers and supporting documentation (judgment or settlement documents) for claims paid during that quarter. AUTHORITY: section 105.726.4, RSMo Supp. 2005.* Emergency rule filed Oct. 7, 2005, effective Oct. 17, 2005, expired April 14, 2006. Original rule filed Oct. 7, 2005, effective May 30, 2006. *Original authority: 105.726, RSMo 1983, amended 2005.