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HomeMy WebLinkAboutM04132011 RISK MANAGEMENT COMMITTEE April 13, 2011 - 9:30 a.m. MINUTES MEMBERS: David Alvarez, Deputy Prosecuting Attorney Philip Morley, County Administrator/Risk Manager Lorna Delaney, Clerk of the Board/Risk Coordinator (Chair) RECORDER: Leslie Locke, Deputy Clerk of the Board Member Philip Morley called the meeting to order at 9:35 a.m. in the presence of Member David Alvarez. Chair Lorna Delaney was absent. APPROVAL OF MINUTES Member Morley moved to approve the minutes of March 9, 2011 as presented. Member Alvarez seconded the motion. The motion carried. EXECUTIVE SESSION The Committee met in Executive Session from 9:37 a.m. to 10:20 a.m. regarding potential litigation. This exemption is outlined in the Open Public Meetings Act RCW 42.30.110(1)(i). At the conclusion of the Executive Session the meeting was reconvened and the following claims were discussed: Claim No.: C-14-10 Claimant: Christopher Dankert Damages: $1,000,000 Allegation: Bodily Injury The Committee reviewed the details of this claim for damages. The Washington Counties Risk Pool has assigned outside legal counsel to handle this claim. It has been requested that the claimant provide a signed medical release but such a form has not yet been returned to outside counsel. No action was taken by the Committee. Decision: Pending Risk Management Committee Meeting Minutes - April 13, 2011 Page: 2 Claim No.: C-15-10 Claimant: Bruce Bratton Damages: $100,000 Allegation: Bodily Injury The Committee reviewed the details of this claim for damages. The Washington Counties Risk Pool has assigned outside legal counsel to handle this claim. The medical files have been requested from all medical providers. No action was taken by the Committee. Decision: Pending Claim No.: C-02-11 Claimant: Qwest Damages: Unknown Allegation: Damaged Underground Cable The Committee reviewed the details of this claim. An internal investigation was performed by the Jefferson County Public Works Department. The investigation found that the County Road Crew was not performing work in the area at the time the incident occurred. Member Alvarez moved to direct the Clerk to prepare a letter denying this claim and inform Qwest that the Public Utility District #1 may have damaged the underground cable while working in the area. He requested a copy of the letter be sent to the PUD #1 for their information. Member Morley seconded the motion which carried. Decision: Denied Claim No.: C-03-11 Claimant: Kyle Ruth Damages: $1,381.36 Allegation: Vehicle Damage The Committee reviewed the details of this claim. An adjuster, assigned by the Washington Counties Risk Pool settled this claim in the amount of $1,033.09. Claim Closed. Decision: Settled Claim No.: C-04-11 Claimant: Robert & Janet Palmer Damages: $261,907.34 Allegation: Property Damage The Committee reviewed the details of this claim. The Washington Counties Risk Pool has assigned outside legal counsel (Mark Johnsen) to handle this claim. The Jefferson County Public Works Department is preparing a response. No action was taken by the Committee Decision: Pending Risk Management Committee Meeting Minutes - April 13, 2011 Page: 3 Claim No.: C-05-11 Claimant: Nicholas Dubar (Minor Child) Janet Caddey (Parent) Damages: $404.45 Allegation: Bodily Injury The Committee reviewed the details of this claim. An adjuster, assigned by the Washington Counties Risk Pool has reviewed this claim. The Jefferson County Public Works also performed an internal investigation. Member Morley moved to pay out of pocket medical expenses for the claimant as a show of good faith. Member Alvarez seconded the motion for discussion. The members discussed the fact that there was adequate supervision while Nicholas Dubar was in the care of the recreation program. Janet Caddey, parent of Nicholas Dubar, had also signed an "Assumption of Risk, Release of Liability and Consent" form prior to registering the minor child for the recreation program. Member Morley amended his motion to deny the claim and direct the Clerk to prepare a letter. Member Alvarez seconded the motion. The motion carried. Decision: Denied The Committee reviewed an E-mail received from Simon Johnstone requesting advice from the Risk Management Committee concerning a Superior Court case. This E-mail was forwarded to the RMC from Ruth Gordon, Superior Court Clerk. Ms. Gordon provided the responsive documents to Mr. Johnstone. No action was taken by the Committee. A letter was received from the Law Office of Johnnie R. Hynson requesting the County settle a potential lawsuit. Mr. Hynson claims the County violated the Public Records Act RCW 42.56. Member Alvarez responded to Mr. Hynson denying his request on March 11, 2011. No lawsuit has been filed. No action was taken by the Committee. NOTICE OF ADJOURNMENT Member Alvarez moved to adjourn the meeting at 10:24 a.m. Member Morley seconded the motion which carried. Respectfully submitted: Leslie R. Locke, Recorder, Deputy Clerk of the Board