After largely ignoring it for 25 years, the City of Portland's not ready to use a law that gives citizens their money back when the city's wronged them, but isn't legally obligated to pay.

Portland City Attorney Tracy Reeve has denied a "fair and moral" claim filed earlier this month by NE Portland homeowner Judy Wickman, who says explosives police placed on her neighbors' home last June caused serious damage to her chimney.

As we've reported, the city paid Wickman $445 for windows damaged as cops attempted to arrest accused murderer Gary Lewis. But it wasn't until well after Wickman cashed that check that she says she learned the shock of police explosives had separated the chimney from her home, rendering it unusable and allowing in rainwater. Her estimated damages: $10,000.

When Wickman filed a claim for that damage, the city explained it was no longer liable since she'd signed the windows check. She turned to the city's ombudsman, who unearthed a "fair and moral" claims policy giving the city leeway to pay in instances when it's at fault, but isn't technically liable.

The policy has roots in a time when citizens were prevented from suing the city at all, but it was widely used until 1990, well after state law established the authority to take the city to court. Even so, the fair and moral claims policy hasn't been used to address citizen complaints since 1990, when Portland City Council put discretion for its use in the hands of the city's Risk Management Office.

The Mercury found cases of the policy being used when the fire department poisoned a man's cattle, and when a woman's Italian sandal was savaged by a city-owned lawnmower, for instance.It's still routinely used by city employees whose belongings are damaged while they're on the job.

Wickman sought to put the fair and moral policy back to use again. She filed a claim earlier this month. It was rejected 10 days later.

"Yesterday the City Attorney informed us you do not have a fair and moral claim," city claims staffer John Buehler wrote in a April 17 letter. But the city did make something of a concession: Buehler said city funds would pay Wickman's deductible, assuming her homeowners' insurance is paying for the chimney work.

Wickman's insurer did agree to pay for the damage, though she says its still $1,400 less than the repair estimate. The deductible the city's offered to pay amounts to $500, and it's not much comfort to Wickman.

"This situation has gotten extremely complicated and nothing my home owner's insurance or Risk Management can offer in the way of financial compensation will begin to take into account the amount of time, energy, lost time at work, and anxiety this situation has created for me," she wrote in a letter to Reeve last week. "In addition since I was forced to make a claim to my home owner's insurance I have now had my rates increased and if I need to file future claims it may make it possible for my insurance company to cancel my policy."

Reeve responded, but declined to say why the city had decided not to use the fair and moral claims process. (One possible reason: It would require the city to convene a "claims committee" made up of two commissioners and the city auditor, which hasn't met since 1990. Also: police deny their bombs could have caused the damage.)

"I apologize that you have felt that you have not been treated with respect," Reeve wrote. "It has been an unusual situation and has required the City to work through some novel issues."

Neither Mayor Charlie Hales nor any of Portland's four commissioners knew the fair and moral claims policy was on the books before Wickman's situation came to light. Hales' office says he's open to discussing whether the law—which was put into place by voters—should be scrapped, amended, or put to use.