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The Honorable Steve Smith <br />bccccobor 1, Zoos <br />Page 7 <br />The claimant makes no election of ,undies by bringing a claim to the <br />board; the only purpose of tho board's investigation or herring is to provide the <br />claimant the opporttr ity to prove eligibility for an award. The board's decision is <br />not only unenforceable but, in fact, derides nothing bxcept whether to make the <br />claimant an offer of compensation, if the boardmakes no offer or if the claimant <br />considers the offer inadequate, the claimant has the option of turning his or her <br />back on the board's treatment of the claim. The clamant, unencumbered by the <br />board's response, which is inadmissible in a civil a41ion, can then commence a <br />civil action against the person or persons alleged to be responsible for the <br />claimant's injury, <br />Id. So long as a citizen is not legally bound by the city's act.on until he or she accepts the city's <br />"offer" by payment of the specified penalty, the procedures hr-scribed would not likely be found <br />to irapermissibitity encroach upon judicial functions <br />I hope thrse comments are helpful to you and to the tnmittee. <br />T0 <br />AO: 4'945360-v? <br />Vexy�yy > <br />•riCENNET H <br />Assistant A <br />ploy General <br />(651) 297 -1141 (Voice) <br />(651) 297 -1235 (Fax) <br />