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RISK MANAGEMENT COMMITTEE
May 12, 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
Chairman Delaney noted that on page 3, Washington Counties Risk Pool Medicare, Checking Issuing
Releases" the language in the second sentence needs to be changed from "Under a deductible program.
.." to "Since the Risk Pool operates a deductible program ..." and in the third sentence add wording to
read "If a County issues a bodily injury payment, ..." Chair Delaney moved to approve the minutes as
corrected. Member Alvarez seconded the motion which carried by a unanimous vote.
EXECUTIVE SESSION
The Committee met in Executive Session from 9:36 a.m. to 10:10 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-03-10
Claimant: Johnnie Hynson
Damages: $220,100 (Claimant amended from $165,000)
Allegation: Violation of Public Records Act
Member Alvarez informed the Committee that the settlement offer was rejected by Mr. Hynson. He also
said that he received a courtesy copy of a potential lawsuit from Mr. Hynson. No formal lawsuit has
been filed with the Jefferson County Auditor. No action by the Committee was taken.
Decision: Pending
Risk Management Committee Meeting Minutes - May 12, 2010 Page: 2
Claim No.: C-04-10
Claimant: Gary Pelroy
Damages: $454.63 (Plus Rental Car Expense) (Corrected Amount $1,084.07)
Allegation: Vehicle Damage
During the April 14, 2010 meeting the Committee reviewed the details of this claim and approved an
amount of $454.63. Later it was discovered that the claimant submitted the wrong appraisal. The
correct appraisal was received from the Public Works Department and the Committee is being asked to
approve the final invoice from All City Autobody and Towing, including the car rental fee ($68.58), for
a total of $1,084.07. Member Alvarez moved to approve the corrected amount of $1,084.07 to repair
the claimant's vehicle and pay for rental of a temporary replacement vehicle. Member Morley 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
Claim No.:
C-05-10
Claimant:
Gary Haymaker
Damages:
$190.05
Allegation:
Vehicle Damage
The Committee reviewed the details of this claim and concluded that there is insufficient evidence to
prove that the damage sustained was the result of an act or omission by County personnel. Additionally,
rocks or traction sand material projected upward from the road surface by a tire of any vehicle is
considered an ordinary "road hazard" for which the County is not liable. Member Alvarez moved to
deny payment of claim #C-05-10 submitted by Gary Haymaker in the amount of $190.05. Member
Morley seconded the motion which carried by a unanimous vote.
Decision: Denied
Claim No.: C-06-10
Claimant: Hanna Tallman (Represented by State Farm Agent Tom Slighter)
Damages: $1,794.18
Allegation: Vehicle Damage
The Committee reviewed the details of this claim. Member Alvarez explained that there could possibly
be additional bodily injury claims regarding this accident. Member Alvarez explained that the Risk Pool
(Ms. Cahill) has assigned an outside claims adjuster to investigate this incident and any possible
personal injuries that might arise from this incident. Sheriff Hernandez has not made a recommendation
to the Committee as he is waiting for the State Patrol's finding of fault. No action is required by the
Committee at this time.
Decision: Pending
Risk Management Committee Meeting Minutes - May 12, 2010 Page: 3
CHANGE IN RISK MANAGEMENT POLICY
Chair Delaney handed out a draft Risk Management Policy she prepared to change the membership of
the Committee outlined in the policy. Possible membership would include: 1) Risk
Coordinator/Assistant Risk Manager; 2) Risk Manager; 3) County Safety Officer; 4) Elected Official
other than a Commissioner; and 5) 1 appointed Department Head. It was suggested that instead of an
appointed Department Head the member could be an FLSA Exempt Employee. Member Alvarez
moved that the Committee members review the draft policy and discuss their proposed changes at the
next meeting. Member Morley seconded the motion which carried by a unanimous vote.
SAMPLE CLAIM FOR DAMAGES FORM
Chair Delaney provided a draft claim for damages form for review. She noted that she combined the
claim form from Spokane and Jefferson County and included instructions and a HIPPA release.
Member Alvarez moved that the Committee members review the draft claim form and discuss their
proposed changes at the next meeting. Member Morley seconded the motion which carried by a
unanimous vote.
WASHINGTON COUNTIES RISK POOL
MEDICARE, CHECK ISSUING RELEASES
During the meeting held in April Member Alvarez reported that he attended the Washington Counties
Risk Pool's spring conference 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 copies of all reports to them. If a County issues a bodily injury
payment, the County becomes the RRE and if not registered as a liability type payor with Medicare, they
can be subject to fines and damages directly.
Chair Delaney made an inquiry to the Risk Pool to clarify this new information. Susan Looker from the
Washington Counties Risk Pool responded that the information given out at the conference was not
accurate. She clarified that prior to payment, Counties filing property damage claims must contact the
Risk Pool to determine whether the County or the Risk Pool would issue the check. The secretary
reported that all Jefferson County claims are reported to the Risk Pool. She will check with the Risk
Pool Claims Representative to determine which entity will issue checks to claimants for future claims.
NOTICE OF ADJOURNMENT
Member Alvarez moved to adjourn the meeting at 10:57 a.m. Member Morley seconded the motion
which carried by a unanimous vote.
Respectfully submitted:
Leslie Locke, Recorder, Deputy Clerk of the Board