The URL can be used to link to this page

Home My WebLink AboutM01062015 RISK MANAGEMENT COMMITTEE January 6, 2015 - 10:30 a.m. MEETING MINUTES MEMBERS: Philip Morley; County Administrator/Risk Manager Erin Lundgren, Clerk of the Board/Risk Coordinator (Chair) Ruth Gordon, Superior Court Clerk Jean Baldwin, Public Health Director Bob Hamlin, Emergency Management Program Manager/Safety Officer LEGAL COUNSEL: David Alvarez, Deputy Prosecuting Attorney SECRETARY: Leslie Locke, Executive Assistant/Claims Coordinator Chair Erin Lundgren called the meeting to order at 10:30 a.m. in the presence of Members Ruth Gordon, Philip Morley, Jean Baldwin, and Bob Hamlin. Legal Counsel Prosecuting Attorney Michael Haas was present on behalf of David Alvarez. Public Works Director Monte Reinders and Road Superintendent Paul Walters were also present. APPROVAL OF MINUTES Member Gordon moved to approve the meeting minutes of December 2, 2014 as presented. Member Hamlin seconded the motion which carried by a unanimous vote. OLD BUSINESS DISCUSSION re: Windshield Damage Claims: Member Morley welcomed Public Works Director Reinders and Road Superintendent Walters and asked them to discuss past practice for handling windshield damage claims. Public Works Director Reinders informed the Committee that in the last 10 years, it has been the practice of the Risk Management Committee to review each windshield damage claim to determine if payment of a claim is warranted. In most circumstances the claims are denied. The County maintains that unless there is sufficient evidence to prove that the damage sustained was the result of an act or omission by County Personnel the County is not liable. Rocks or traction sand material projected upward from the road surface by a tire or any vehicle is considered an ordinary road hazard. County drivers are trained to sweep or remove rocks that could be thrown from trucks or trailers before driving on the road. County dump trucks are designed not to be overloaded or else they will be in violation of load limit capacity. Road Superintendent Walters stated that in the late 1990s the Risk Management Committee would pay all windshield damage claims. Word spread that if anyone needed a new windshield, the County would pay for it. There was no evidence that the County was actually liable. He Risk Management Committee Meeting Minutes — January 6, 2015 Page: 2 said that during the weekly safety meetings the crew is reminded to follow procedures when cleaning trucks and proceeding onto the road. The Committee members agreed that there is no need to change current practices and that each windshield damage claim will continue to be reviewed on a case by case basis. Member Morley stated that there are no written procedures or policies for handling windshield damage claims. Public Works Director Reinders volunteered to draft a policy and submit it to the Committee for their review. DISCUSSION re: Risk Management Committee Membership; Resignation of Member Jean Baldwin: The Committee discussed possible replacements. Chair Lundgren will contact Central Services Director Frank Gifford to inquire if he is willing to serve as the FLSA exempt employee on the Risk Management Committee replacing Member Baldwin. EXECUTIVE SESSION An Executive Session was scheduled from 11:00 a.m. to 11:20 a.m. with the Prosecuting Attorney, County Administrator, Public Health Director, Superior Court Clerk, Clerk of the Board, and Executive Assistant/Claims Coordinator regarding potential litigation. This exemption is outlined in the Open Public Meetings Act RCW 42.30.110(1)(i). The actual period of time the Committee met in Executive Session on this topic was from 11:11 a.m. to 11:30 a.m. At the conclusion of the Executive Session the Committee resumed the regular meeting. CLAIMS FOR DAMAGES DISCUSSION AND POSSIBLE DECISION Claim No.: #C-03-14 Claimant: Linda Nelson Damages: $1,000,000.00 Allegation: False Arrest and Assault by Jefferson County Deputies and Jailers The Committee received a response from the Sheriff s office regarding this claim. Decision: No Action Taken Prosecuting Attorney Haas suggested that Sheriff David Stanko attend a future meeting to discuss the training of law enforcement personnel to detect unusual medical issues or conditions during routine traffic stops. Secretary Locke was directed to invite Sheriff Stanko to a future meeting to discuss this issue. Risk Management Committee Meeting Minutes — January 6, 2015 Page: 3 Claim No.: #C-08-14 Claimant: Richard Nelson Damages: $460.36 Allegation: Damage to Windshield The Committee reviewed and denied this claim on December 2, 2014. The claimant contacted Member Morley and requested that his claim be reconsidered. He informed Member Morley that a rock came off the truck or trailer and damaged his windshield. In the absence of clear proof of whether the rock came off the truck or trailer or was projected upward from the road surface by a tire of a vehicle, Member Hamlin moved to deny claim #C-08-14. Member Gordon seconded the motion which carried by a unanimous vote. Secretary Locke will draft a letter of denial to be sent to the claimant. Decision: Denied EXECUTIVE SESSION CANCELLED: An Executive Session was scheduled from 11:30 a.m. to 11:45 a.m. with the Prosecuting Attorney, County Administrator, Public Health Director, Superior Court Clerk, Clerk of the Board, and Executive Assistant/Claims Coordinator regarding actual litigation. This exemption is outlined in the Open Public Meetings Act RCW 42.30.110(1)(i). Prosecuting Attorney Haas stated that he will recuse himself from all the proceedings pertaining to the Fager lawsuit. NEW BUSINESS No new business was discussed. NOTICE OF ADJOURNMENT Member Gordon moved to adjourn the meeting at 11:39 a.m. Member Baldwin seconded the motion which carried by a unanimous vote. Respectfully submitted: Leslie Locke, Secretary