HomeMy WebLinkAboutM02122004RISK MANAGEMENT COMMITTEE
MINUTES
February 12, 2004
Present: David Alvarez, Deputy Prosecuting Attorney
David Goldsmith, Risk Manager, County Administrator
Erin Lundgren, Claims Coordinator
CLAIMS
CLAIMANT:
Richard Jovag
CLAIM #:
C-40-03
DAMAGES:
$417.50
ALLEGATION: Vehicle Windshield Damage.
DISCUSSION: The Risk Manager and Deputy Prosecuting Attorney reviewed the above referenced claim
finding that the Jefferson County road maintenance crew was performing sanding operations
in the area where the incident occurred. However, the sand was filtered prior to its application
on the roadway. It is our position that the sand was not the proximate cause of the windshield
damage. Any damage incurred resulted from a standard "road hazard" for which the County
is not liable.
DECISION: Deny claim.
CLAIMANT:
Randall J. Opheim
CLAIM #:
C-45-03
DAMAGES:
$348.74
ALLEGATION: Vehicle Windshield Damage.
DISCUSSION: The Risk Manager and Deputy Prosecuting Attorney reviewed the above referenced claim
finding that the Jefferson County road maintenance crew was performing sanding operations
in the area where the incident occurred. However, the sanding equipment was not in
operation as vehicles passed by. It is our position that the sand was not the proximate cause of
the windshield damage. Thus, any damage incurred resulted from a standard "road hazard"
for which the County is not liable.
DECISION: Deny claim.
RisK Management Committee Minutes - February 12, 2004 Page: 2
CLAIMANT:
Richard Shuff
CLAIM #:
C-44-03
DAMAGES:
$1,030.00
ALLEGATION: Expenses Incurred Uncessarily.
DISCUSSION: The Risk Manager and Deputy Prosecuting Attorney reviewed the above referenced claim
finding that monies expended for "Bail" is the irrevocable cost to the customer of doing
business with a bail bondsman. Both the decision of the Prosecuting Attorney to seek bail and
the decision of a sitting Superior Court Judge to impose bail are within the scope of their
respective duties. Further, those decisions can not be a source of civil liability (money
damages) because the Prosecuting Attorney has full prosecutorial immunity for the
consequences of such decisions and the sitting Judge has judicial immunity for the
consequences of his or her decisions.
DECISION: Deny claim.
CLAIMANT:
Trishandra L. Taken -Alive
CLAIM #:
C-2-04
DAMAGES:
$315.00
ALLEGATION: Misplaced Personal Property
DISCUSSION: The Risk Manager and Deputy Prosecuting Attorney reviewed the above referenced claim
finding that the claim should be paid since the personal property, which was misplaced, had
been in the possession of Jefferson County Sheriff's office personnel.
DECISION: Pay claim.
CLAIMANT:
Regional Disposal Company, Roy Westmoreland
CLAIM #:
C-3-04
DAMAGES:
$21,500
ALLEGATION: Fire Damage to Equipment.
DISCUSSION: Upon review of the above referenced claim, the Risk Manager and Deputy Prosecuting
Attorney accepts the proposal to settle this claim by paying 50% ($10,750) of the amount of
damages claimed. (See attached Public Works letter to Regional Disposal Company dated
December 5, 2003.)
DECISION: Pay fifty percent (50%) of claim ($10,750).
Meeting adjourned.