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HomeMy WebLinkAboutM03052013 RISK MANAGEMENT COMMITTEE March 5, 2013 - 10:00 a.m. MINUTES MEMBERS: Philip Morley, County Administrator/Risk Manager Erin Lundgren, Clerk of the Board/Risk Coordinator (Chair) Judi Morris, Treasurer Jean Baldwin, Public Health Director Bob Hamlin, Safety Officer LEGAL COUNSEL: David Alvarez, Deputy Prosecuting Attorney RECORDER: Leslie Locke, Deputy Clerk of the Board Chair Erin Lundgren called the meeting to order at 10:00 a.m. in the presence of Members Judi Morris, Jean Baldwin and Philip Morley and Legal Counsel David Alvarez. Also in attendance was Emergency Management Coordinator Bob Hamlin. APPROVAL OF MINUTES Member Morris moved to approve the meeting minutes of February 5, 2013 as presented. Member Morley seconded the motion which carried by a unanimous vote. OLD BUSINESS Discussion re: Safety Officer Vacancy: At the February meeting it was suggested that Emergency Management Coordinator Bob Hamlin would be a good candidate to fill the vacant position for Safety Officer on the Risk Management Committee. Member Morley contacted him and he indicated he was interested in serving on the Committee. Member Morris moved to appoint Bob Hamlin to serve as the Safety Officer on the Risk Management Committee. Member Morley seconded the motion which carried by a unanimous vote. EXECUTIVE SESSIONS An Executive Session was scheduled from 10:05 a.m. to 10:20 a.m. with the County Administrator, Deputy Prosecuting Attorney, Treasurer, Public Health Director, Clerk of the Board, Safety Officer and the Deputy Clerk of the Board regarding actual 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 10:05 a.m. to 10:18 a.m. Risk Management Committee Meeting Minutes - March 5, 2013 Page: 2 At the conclusion of the Executive Session the Committee resumed the regular meeting and no action was taken. An Executive Session was scheduled from 10:20 a.m. to 10:40 a.m. with the County Administrator, Deputy Prosecuting Attorney, Treasurer, Public Health Director, Clerk of the Board, Safety Officer and the Deputy Clerk of the Board 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 10:18 a.m. to 10:21 a.m. At the conclusion of the Executive Session the meeting returned to open session with the following action taken. Claim No.: C-01-13 (A), C-01-13 (B); and C-01-13 (C) Claimant: Frank Sharp; Johnnie Sharp; & Ronnie Sharp Damages: $1,000,000 each Allegation: Pain, suffering, injury and wrongful death of Sandy Sharp The Committee reviewed the details of this claim. The Committee concluded that this claim is against Jefferson Healthcare personnel and was forwarded to them by Legal Counsel Alvarez. The evidence presented by the claimants fail to indicate any wrongdoing by County personnel that would entitle the claimants to money damages. Member Morris moved to deny claim #C-01-13 (A), (B) & (C). Member Morley seconded the motion which carried by a unanimous vote. Legal Counsel Alvarez will draft a letter of denial. Decision: Denied NEW BUSINESS Discussion re: Punitive Damages Resolution: Member Morley stated that the County Commissioners recently approved a Resolution agreeing to pay any punitive damages that might be awarded against a certain commissioned Correctional Officer employed by the Jefferson County Sheriff. Discussion ensued regarding when such resolutions are approved by the County and how to ease employees' concerns when they are named in a lawsuit/claim. Member Morris was excused from the meeting for another appointment. Legal Counsel Alvarez informed the Committee that typically it is law enforcement personnel who are named in lawsuits/claims. If an employee, quasi -employee or volunteer were performing their duties and acting in good faith within the course of employment they would be covered by the Washington Counties Risk Pool. Risk Management Committee Meeting Minutes - March 5, 2013 Page: 3 Member Morley suggested developing a handout for employees to alleviate their concerns in these instances and let them know they will be covered by the County. This guide will provide information to County personnel and managers about the process when an employee, quasi - employee or volunteer is named in a lawsuit or claim and punitive damages are requested. Chair Lundgren and Legal Counsel Alvarez will prepare a draft handout to be discussed at a future meeting. NOTICE OF ADJOURNMENT Member Morley moved to adjourn the meeting at 10:43 a.m. Chair Lundgren seconded the motion. The motion carried. Respectfully submitted: Leslie R. Locke, Recorder