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Fairbanks Finds LawsuitFund a Rip Budget ItemFAIRBANKS (AP) — City officials say a rainy day account to cover lawsuits is among their most expensive budget items.People who sue the city range fiom a woman who complained of pain and suffering after rushing to avoid a hydrant’s gush to a homeowner with a mined driveway.To cover such legal contingencies, Fairbanks sets aside 5600,000 a year — about 4 percent of the city's $16 million-budgetBarbara Koneczny, the city's finance director, said some of the money is paid out in worker compensation claims.But most of it is to pay for civil claims against the city and the costs of defending the cases, she said.Some years the city doesn’t pay out as much as it budgets.In 1986, for example, the fund paid out $270,000.But other years, the cost is much more and last year the sum was $930,500.Wc obviously arc in a suit-happy society, said Councilman Jerry Clc-worth, himself named in unresolved litigation involving the widely publicized firings of the former police and fire chiefs.Some lawsuits arc justified and follow unfortunate incidents. But others arc just frivolous, he said.City Attorney Herb Kuss says a win-losc ratio is hard to calculate, especially since a win is hard to define.Sometimes, city attorneys can do little but try limiting the damages.To me, if a lawsuit could cost us $500,000 and ends up costing $20,-000, we’ve won, said Kuss.With another $600,000 plugaed into the new budget there’s no telling if it’ll be enough.One thing already is clear: The city attorney's office has not had so many civil cases to defend in a long while.Times arc tough out there. Kuss said.The city is an easy target for litigation. If a plaintiff wins against the city, he doesn’t have to worry about getting the money.”Unlike a suit against a private entity, Kuss said, government is guaran teed to pay an award.And if the money isn't on hand, he said, Fairbanks would have to increase property taxes to cover a judgment.The $600,000 set aside for those purposes is not that much. One bad judgment and wc could lose much more than that. Kuss said.Among those with pending suits:— Convicted felons Ken Noblit and Philip Baird arc seeking $1 million. Noblit, a former Ncws-Mincr editor. was sentenced to three years in jail in 1989 for hindering the murder prosecution of his roommate, now serving 30 years for stabbing an Alaska Railroad conductor. Noblil and Baird say police violated their civil rights by allegedly laking books, furniture, tools, two cars and three dogs during a search of their trailer home.— Keith Wasscrman, a Fairbanks resident who claims he suffered physical injury, embarrassment, humiliation and lost income when police arrested him in 1990 at a grocery store Police apparently mistook Wasscrman for a federal fugitive.— Frank Turney, a Fairbanks man who says a city ordinance that bans panhandling is unconstitutional. He was cited under the ordinance in June and was scheduled for trial early next year. The city eventually dropped the case.tJAN( Alaska hag a I briety ■ exercis hoping road. L off.Onlj tioncd Ancho enough one o enoughBut the rea rcnee, shouldTh ily to said. * from dTroc highwa age — Highwj bound Highwjfifth vc and, besible. «New Administration Chief
Newspaper Details
Daily Sitka Sentinel
Sitka, Alaska, US
Fri, Jan 03, 1992
Page 9
Full Page
Clipped by
Sheryl S.
NM, USA 25 Jan 2017
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