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RISK MANAGEMENT COMMITTEE
April 14, 2010 - 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
Chair Lorna Delaney called the meeting to order at 9:30 a.m. in the presence of Members David Alvarez
and Philip Morley.
APPROVAL OF MINUTES
Member Alvarez moved to approve the meeting minutes of March 10, 2010 as presented. Member
Morley seconded the motion which carried by a unanimous vote.
EXECUTIVE SESSION
The Committee met in Executive Session from 9:36 a.m. to 10:30 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. The committee deliberated and took the following
actions.
CLAIMS FOR DAMAGES DISCUSSION AND POSSIBLE DECISION
Claim No.:
C-01-10
Claimant:
Bernice Germeau
Damages:
$359.54
Allegation:
Vehicle Damage
On March 10, 2010 the Committee reviewed the facts relating to this claim and had several questions
that needed to be answered prior to making a decision on this claim. A letter was sent to the Claimant
requesting additional information to which she replied. The Committee reviewed her response and
determined that the incident occurred on State Route 19 (Beaver Valley Road) which is within the
Washington State Department of Transportation's jurisdiction.
Risk Management Committee Meeting Minutes - April 14, 2010 Page: 2
Member Alvarez moved to direct the clerk to prepare a claim report and draft a letter to Bernice
Germeau for the County Administrator's signature denying payment of the claim. Member Morley
seconded the motion which carried by a unanimous vote.
Decision: Denied
Claim No.: C-02-10
Claimant: Mike Belenski
Damages: $3.00
Allegation: Constitutionally Protected Rights Violation
The Committee reviewed the details of this claim and concurred that no action by the Committee was
necessary at this time because this claim is already the subject of a pending lawsuit in Clallam County
Superior Court..
Decision: Pending
Claim No.: C-03-10
Claimant: Johnnie Hynson
Damages: $165,000
Allegation: Violation of Public Records Act
The Committee reviewed the details of this claim. Member Morley moved to have Member Alvarez
prepare a settlement offer in the amount of $520.00 in exchange for a release of liability form. Member
Alvarez seconded the motion which carried by a unanimous vote.
Decision: Settlement Offer Pending
Claim No.: C-04-10
Claimant: Gary Pelroy
Damages: $454.63 (Plus Rental Car Expense)
Allegation: Vehicle Damage
The Committee reviewed the details of this claim. Based on an internal investigation confirming the
facts as presented to the County by the claimant, the members agreed that the claim should be paid.
Member Morley moved to approve payment of claim #C-4-10 submitted by Gary Pelroy in the amount
of $454.63 plus the cost of a maximum of three (3) days for a rental car during the repairs of the
damaged vehicle. A final invoice including the rental car fee must be submitted for payment. Member
Alvarez seconded the motion which carried by a unanimous vote.
Member Alvarez moved to direct the Clerk to prepare a claim report and draft a letter to Gary Pelroy for
the County Administrator's signature regarding the decision made on claim #C-4-10. Member Morley
seconded the motion which carried by a unanimous vote.
Decision: Approved
Risk Management Committee Meeting Minutes - April 14, 2010 Page: 3
CHANGE IN RISK MANAGEMENT POLICY
During the December 9, 2009 meeting Member Alvarez requested a discussion regarding a possible
change to the Risk Management Policy. He would like to be removed as a voting member, however he
would still attend the meetings as legal counsel and would continue to provide legal advice. Member
Alvarez suggested that an Elected Official or department head serve in his place on the Risk
Management Committee for a period of two (2) years at which time a new Elected Official or
department head would be appointed.
Chair Delaney was asked to research the process for changing the Risk Management Policy to
implement the suggested changes. She talked with the Washington Counties Risk Pool and was told that
the current structure of the Jefferson County Risk Management Committee is typical of what other
Counties are doing. She is still researching the process and will update the Committee at the next
meeting.
WASHINGTON COUNTIES RISK POOL
MEDICARE, CHECK ISSUING RELEASES
Member Alvarez attended the spring conference of the Washington Counties Risk Pool and was
informed that the Risk Pool is the responsible reporting entity (RRE) for all 28 member Counties. Since
the Risk Pool operates a deductible program, Medicare requires the Risk Pool to submit all reports. If a
County issues a bodily injury payment, they become an RRE and if not registered as a liability type
payor, they can be subject to Medicare fines and damages directly. Chair Delaney will contact the Risk
Pool to clarify this new information.
The Committee reviewed a sample release form provided by the Risk Pool. Member Alvarez will
compare the current release form used by Jefferson County and the sample form and prepare a draft to
be reviewed at a future meeting.
SAMPLE CLAIM FOR DAMAGES FORM
Member Alvarez reviewed a sample claim for damages form used by Spokane County. Chair Delaney
volunteered to compare Spokane County's form to Jefferson County's form. She will prepare a draft
claim form to be reviewed at a future meeting.
NOTICE OF ADJOURNMENT
Member Alvarez moved to adjourn the meeting at 10:52 a.m. Member Morley seconded the motion
which carried by a unanimous vote.
Respectfully submitted:
Leslie Locke, Recorder, Deputy Clerk of the Board