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The Honorable Steve Smith <br /> December 1,2003 <br /> Page 7 <br /> The claimant makes no election of remedies by bringing a claim to the <br /> board; the only purposo of the board's investigation or hearing is to provide the <br /> claimant the oppommity to prove eligibility for an award. The board's decision is <br /> not only unenforceable but, in fact, decides nothing except whether to make the <br /> claimant an offer of compensation. If the board makes 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 claimant, unencumbered by the <br /> board's response, which is inadmissible in a civil action, 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 action until he or she accepts the city's <br /> "offer"by payment of the specified penalty, the procedures descn`bed would not likely be found <br /> to impermissibility encroach upon judicial functions. <br /> I hope these comments are helpful to you and to the Committee. <br /> Very truly yours. A <br /> 4b5mlk E_1 AS r <br /> Assistant Attorney General <br /> (651)297-1141 (Voice) <br /> (651)297-1235(Fax) <br /> Ao:�ass6a�i <br />