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Home My WebLink AboutM09102013 RISK MANAGEMENT COMMITTEE September 10, 2013 - 10:00 a.m. SPECIAL MEETING 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: Julie Shannon in the absence of 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, Bob Hamlin and Philip Morley and Legal Counsel David Alvarez. Philip Morley arrived at 10:07 a.m. and Jean Baldwin arrived at 10:15 a.m. APPROVAL OF MINUTES Member Morris moved to approve the meeting minutes of August 6, 2013 as presented. Member Hamlin seconded the motion. Chair Lundgren called for a vote on the motion. The motion carried. EXECUTIVE SESSION An Executive Session was scheduled from 10:05 a.m. to 10:20 a.m. with the County Administrator, Deputy Prosecuting Attorney, Public Health Director, Treasurer, Safety Officer, Clerk of the Board 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 10:02 a.m. to 10:05 a.m. 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, Public Health Director, Treasurer, Safety Officer, Clerk of the Board 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 10:05 a.m. to 10:15 a.m. Risk Management Committee Special Meeting Minutes - September 10, 2013 Page: 2 At the conclusion of the Executive Session the Committee resumed the regular meeting and the following action was taken. Claim No.: C-05-13 Claimant: John Grande Damages: $250.00 (Insurance Deductible) Allegation: Vehicle Windshield Damage The Committee reviewed the details of this claim. The claimant alleges a Sheriff's vehicle was traveling in the center turn lane at a high rate of speed, with lights flashing. A rock was thrown resulting in the claimant's windshield being cracked. Typically, rocks or traction sand material projected upward from the road surface by a tire of a vehicle is considered a "road hazard" for which the County is not liable. Discussion ensued regarding how this is a unique situation which differs from a typical road hazard. Member Morley moved to direct staff to confirm the details of this claim with the Deputy's report and if verified, approve payment of the claim. Member Morris seconded the motion which carried by a unanimous vote. Decision: Pending Claim No.: C-06-13 Claimant: Simon Lee Damages: $2,366.15 Allegation: Property Damage to Hotel Room The Committee reviewed the details of this claim. The claimant alleges the Jefferson County Prosecutor's Office rented Room #20 at the Tides Inn for Faith McLaughlin from a July 21-24, 2013. During her stay, Ms. McLaughlin burned the carpet with an iron requiring replacement of the carpet. Deputy Prosecutor Alvarez suggested he write a letter to the claimant requesting photographs of the damage, two estimates for repairing the damage, and proof of insurance. In addition, the letter will request copies of any records or documents reflecting the claimant's efforts to recover the cost of the repairs from Faith McLaughlin. Member Morley moved to approve a letter be drafted by Deputy Prosecutor Alvarez. Member Morris seconded the motion which carried by a unanimous vote. Decision: Pending Claim No.: C-07-13 Claimant: Century Link Damages: TBD Allegation: Property Damage to Pedestal Risk Management Committee Special Meeting Minutes - September 10, 2013 Page: 3 The Committee reviewed the details of this claim. The claimant alleges on or about August 22, 2013, a telephone pedestal sustained damage while a Jefferson County employee was mowing on Swansonville Road, Port Ludlow, WA. County road maintenance records reflect county crews were performing mowing operations in the area in question around the time specified. An incident report was submitted by Dale Hubert that states while mowing the shoulder of the eastbound lane his vision was hit by the sun just as he approached the pedestal. He was unable to stop in time. Member Morley moved to direct staff to request that the claimant submit a claim form indicating the amount of damages being requested. Member Morris seconded the motion which carried by a unanimous vote. Decision: Pending OLD BUSINESS Discussion of Sample Punitive Damage Language: Deputy Prosecutor Alvarez drafted a document titled "Frequently Asked Questions" to be given to employees. This information is helpful for employees when they are named in a civil lawsuit while performing their regular job duties as a County employee. Deputy Prosecutor Alvarez reviewed some revisions he made to the document. Member Baldwin suggested this be provided to employees before an incident occurs so that it may serve as a resource. Deputy Prosecutor Alvarez commented it should be at the discretion of the Department Heads/Elected Officials as to who to send it to and when it will be beneficial in their specific environment. Deputy Prosecutor Alvarez agreed to send it to Secretary Locke when complete with approved revisions. The Risk Manager will send it out to Department Heads/Elected Officials with instructions. Member Morris moved in agreement of this. Member Baldwin seconded the motion which carried by a unanimous vote. Washington Counties Risk Pool Deductible Plan: In 2012 the Committee reviewed an analysis prepared by the Washington Counties Risk Pool to increase the amount of the County's deductible from $10,000 to $25,000 per occurrence. Member Morley gave an update and relayed that he sent out the information for the new policy year. He brought up the point that because deductibles are higher, control of claims is needed. NEW BUSINESS Discussion of Washington Counties Risk Pool Budget and Funds available: Member Baldwin stated since most of Jefferson County is in an Earthquake Zone, there are funds available in the Risk Management budget to reduce the risk factor with better preparedness. Departments should have a process to remove boxes obstructing doorways, attach tall bookshelves to walls and remove things piled up above desks and walkways in case of an Earthquake, Flood or Tsunami. Member Hamlin agreed it would be great to have a Risk Risk Management Committee Special Meeting Minutes - September 10, 2013 Page: 4 Management Team do a walk thru of departments and prepare a report. Member Morley stated in 2013 some savings were dedicated to a reserve and a portion of those savings could possibly be used. More work is needed to determine actual savings. Member Morley moved to have Secretary Locke invite Budget Consultant Anne Sears and Central Services Director Frank Gifford to a future Risk Management Committee meeting to conduct a discussion on the use of savings, pay back of claims and how each are used. Member Baldwin seconded the motion which carried by a unanimous vote. Discussion re: Initiative 502 — Marijuana Reform: Chair Lundgren stated many will be looking to Risk Management regarding Initiative 502 and how it will affect Jefferson County. Member Baldwin volunteered to do research on marijuana's projected use, residual effects and impairment percentages and report back to the committee at later date. NOTICE OF ADJOURNMENT Member Morris moved to adjourn the meeting at 10:41 a.m. Member Baldwin seconded the motion which carried by a unanimous vote. Respectfully submitted: Julie Shannon, Recorder