HomeMy WebLinkAbout085 95
COUNTY OF JEFFERSON
STATE OF WASHINGTON
In the Matter of Jefferson County
Risk Management Policy
RESOLUTION N0. 85-95
WHEREAS, Jefferson County has the responsibility to its taxpayers and citizens to assure that
modern loss control practices are employed in the administration of the public business; and
WHEREAS, there exists a clear need to estalish a coordinated program for the processing,
handling and disposition of claims and claims lawsuits filed or brought against the County and/or
County officers and employees; and
WHEREAS, there exists a further need to provide a coordinated and economically efticient
means for dealing with the risks facing the County without expanding the county's liability for claims
or claims lawsuits;
NOW, THEREFORE, BE IT RESOLVED, that the Jefferson County Board of County
Commissioners hereby adopts the proposed Risk Management Chapter, attached hereto as Exhibit "A".
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APPROVED AND S/GNED this ~iday of..E>ast, 1995.
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Lorna L. Delaney,
Clerk of the Board
RESOLI~TION APPROVED AS TO FORM:
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David Skeen, ..l ~
Prosecuting Attorney
PRESENTED BY:
Gary Rowe
Director of Public Services
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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Chapter
RISK MANAGEMENT
Sections:
.010
.020
.030
.040
.050
.060
.070
.080
.090
.100
Title.
Purpose.
Definitions .
Office of Risk Management.
Risk Management Committee.
Claims-Filing-Investigation-Disposition.
Claims lawsuits.
Defense of County officers and employees.
Self-insurance funds.
Duties of County officers and employees.
.010 Title.
This chapter shall be known as the "Jefferson County
Risk Management Policy."
.020 Purpose.
(a) Claims and Claims Lawsuits. This chapter is intended
to establish a coordinated program for the processing, handling
and disposition of claims and claims lawsuits filed or brought
against the County and/or County officers and employees.
(b) Risk Management Program. This chapter is intended to
provide a coordinated and economically efficient means for
dealing with the risks facing the County.
(c) Bases of Liability. This chapter shall not be
construed to expand the county's liability for claims or claims
lawsuits.
.030 Definitions.
The following terms shall have the meanings which follow
unless the context in which they are used clearly indicates
otherwise:
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EXHIBIT A V0~_ ~~ ~~(,,: ~ ~_~-~..
(1) "Claims" means a formal demand for monetary or other
compensation as a result of injury allegedly caused by the
County, its officers or employees as provided for by Court rule,
State statute or Administrative Regulation.
(2) "Claims Lawsuit" means a legal action which names as
defendant(s) or respondent(s) the County and/or its officers or
employees for decisions made, acts performed, omissions made, or
taxes or assessments imposed in the course of County business.
(3) "County" means Jefferson County.
(4) "Risk Management" means a coordinated and continuous
program for the identification, control and financing of risk and
exposure to loss.
.040 Office of Risk Management.
(a) Creation. The Office of Risk Management is hereby
created. The Office of Risk Management shall be headed by the
Director of Public Services or his/her designee, and hereinafter
referred to as the "Risk Manager." A County Safety Officer shall
also be appointed by the Board of County Commissioners to conform
with the Bylaws of the Washington Counties Risk Pool. The
Prosecuting Attorney, or his/her designee, shall serve as the
legal advisor to Office of Risk Management.
(b) General Duties. The Risk Manager shall have the
responsibility of identifying, controlling, minimizing and
providing for loss from damage to County property, for injury to
officers and employees of the County, and for loss or injury to
the public. The Risk Manager may confer with the County Safety
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Officer when appropriate.
(c) Identification Measurement and Analysis of Risks. The
Risk Manager shall identify, measure and analyze risks which face
the County and shall make periodic recommendations to the Board
of County Commissioners and to the Committee established by
Section .050 concerning insurance coverage, self-insurance,
deductibles, loss prevention, and any other technique for the
sound management of risk.
(d) Loss Prevention Program. The Risk Manager shall develop
and implement programs for the reduction of risk and exposure to
loss.
(e) Insurance Information. The Office of Risk Management
shall be the repository of all insurance policies and contract
bonds in which the County is a named insured. Such policies
shall be maintained in a current fashion and shall include all
riders and endorsements. The Risk Manager shall prepare and
maintain a synopsis of each insurance policy carried by the
County. Such synopses shall, at a minimum, include: description
of coverage provided, policy term, coverage limit, deductible,
premium, and the carrier's agent.
(f) Records. The Risk Manager in conjunction with the
Prosecuting Attorney's office, shall maintain complete and
accurate records with respect to insurance, claims against the
County, claims lawsuits filed against the County, losses incurred
by the County, all accidents or incidents giving rise to possible
liability against the County, and an inventory of all property in
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which the County has an insurable interest. Such records shall
be maintained in a fashion such that statistical data can be
readily extracted from the records. To the extent reasonably
feasible, the Risk Manager shall, for as many previous years as
possible, reconstruct the County's loss history.
(g) Claims and Claims Lawsuits. The Risk Manager shall have
the duties and responsibilities with respect to claims and claims
lawsuits as specified in Sections .060 and .070.
.050 Risk Management Committee.
(a) Creation and Membership. There is hereby created a Risk
Management Committee, which shall be composed of three members as
follow:
(1) The Risk Coordinator, who shall chair the
committee;
(2) The Risk Manager, who shall be the ex officio
Secretary of the Committee; and
(3) The Prosecuting Attorney or a Deputy Prosecuting
Attorney, who shall be the legal adviser to the committee.
(b) Meetings.
(1) The Committee shall meet regularly at a time
established by the Secretary. In the event that there is no
business to transact, a meeting may be canceled by the Secretary
by giving notice to the remaining members. A special meeting of
the Committee may be called by any member thereof by giving
twenty-four hours' advance written notice to the remaining
members. Such notice shall specify the time, place and purpose
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transacted by majority vote.
(2) The Board of County Commissioners shall be invited
to and may participate in the meetings of the Committee to the
end that the management of the County is adequately apprised of
this aspect of the County's business.
(3) In the event that the Committee is considering the
disposition of or strategies for a specific claim or claims
lawsuit, it may adjourn to executive session.
(c) Duties. The Committee shall be the primary mechanism
for processing of claim applications. The Committee shall make
periodic recommendations to the Board of County Commissioners
concerning insurance coverage, self-insurance, deductibles, loss
prevention, and any other technique for the sound management of
risk.
(d) Claims and Claims Lawsuits. The Committee shall have
those duties and responsibilities with respect to claims and
claims lawsuits as specified in Sections .060 and .070.
.060 Claims - Filing - Investigation - Disposition.
(a) Filing Claims. Claims must be filed with the county as
provided by applicable law.
(b) Transmittal of Claim. The Auditor and/or the Clerk of
the Board of County Commissioners shall transmit claims to the
Risk Manager immediately upon receipt and forward a copy to the
Prosecuting Attorney's office.
(c) Duties of the Risk Manaaer.
(1) Upon receipt of a claim, the Risk Manager shall
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create a file therefor and shall conduct an investigation or
shall cause an investigation to be conducted into the merits of
the claim. As an alternative to an investigation by the Risk
Manager, the investigation and adjustment of the claim may be
contracted to an outside person or entity after consultation with
the other members of the Risk Management Committee.
(2) Upon receipt of a claim the Risk Manager shall
immediately give notice thereof to any insurance carrier
providing insurance which may cover the claim and provide proof
of such notice to the Prosecuting Attorney's office.
(d) Disposition of Claims.
(1) The Committee shall refer all claims to the Board
of County Commissioners. When referring such a claim to the
Board, the Committee may also provide its recommendations
concerning the claim.
.07o claims lawsuits.
(a) Service of Process. Service of process for claims
lawsuits shall be made upon the County Auditor as required by
RCW 4.28.080.
(b) Transmittal by the Auditor. Immediately upon receipt
of a claims lawsuit, the Auditor shall transmit a copy to the
Clerk of the Board of County Commissioners.
(c) Distribution by the Clerk. Immediately upon receipt of
a claims lawsuit from the Auditor, the Clerk of the Board of
County Commissioners shall distribute copies of all papers
involving the claims lawsuit to the Risk Manager and Prosecuting
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Attorney. Along with the copies distributed, the Clerk shall
attach a transmittal note indicating who was originally served
with the claims lawsuit, the date of such service, and the
persons to whom or offices to which the claims lawsuit was
thereafter distributed.
(d) Duties of the Risk Manager.
(1) Upon receipt of a claims lawsuit, the Risk Manager
shall create a file therefor. Thereafter the Risk Manager shall
assist the Prosecuting Attorney's office in the investigation and
preparation for trial of the claims lawsuit. The Risk Manager
and the Prosecuting Attorney shall also immediately notify the
Washington Counties Risk Pool.
(2) Upon receipt of a claims lawsuit, the Risk Manager
shall forthwith tender defense of the suit to any agency
providing insurance which may cover the suit.
(3) The Risk Manager shall produce monthly status
reports on pending claims lawsuits.
(e) Duties of the Prosecuting Attorney.
(1) Upon receipt of a claims lawsuit, the Prosecuting
Attorney shall create a file therefor and shall file a notice of
appearance in association with relevant insurance counsel.
(2) The responsibility for the litigation of claims
lawsuits shall be with the Prosecuting Attorney.
(3) The investigation, handling, disposition and trial
of claims lawsuits for which the County has partial or complete
insurance coverage shall be cooperatively shared between the
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agents, representatives or attorneys retained by the insurance
carrier, if any, and the Prosecuting Attorney.
(f) Duties of the Risk Management Committee. At its first
meeting following receipt of a claims lawsuit, the Risk
Management Committee shall review that claims lawsuit. The
Committee may recommend to the Board of County Commissioners, if
relevant, initial reserves for each suit or ascertain and/or
ensure that such reserves exist and shall take whatever other
action it deems proper.
(g) Reporting Status of Pending Cases. The attorneys
defending a claims lawsuit shall report the progress and
significant developments in a case to the Risk Management
Committee as the Committee may from time to time request.
(h) Disposition of Claims Lawsuits.
(1) Claims lawsuits for which the County has complete
or partial insurance coverage shall be disposed of pursuant to
the terms of the contract of insurance, or pursuant to
disposition approved by the Board of County Commissioners.
(2) If exigent circumstances prevent consideration of
a settlement proposal as is provided by the foregoing subsections
of this Policy, the attorneys responsible for the County's
defense may settle the case, but shall first seek the advice
and/or authorization of the Risk Management Committee and/or the
Board of County Commissioners as the circumstances reasonably
permit.
.080 Self-Insurance Funds.
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The County shall from time to time establish various funds
to assist in the implementation of this Chapter. Such funds may
be dedicated to and used for only those purposes as may be set
forth in the resolutions establishing them.
.090 Duties of County Officers and Employees.
(a) Cooperation. All County officers and employees shall
cooperate to the fullest extent with the Risk Manager, Risk
Management Committee, Prosecuting Attorney, and outside counsel
toward defending claims lawsuits in the following particulars:
(1) Providing information, testimony, exhibits and
documents for the investigation, settlement and/or trial of
claims and claims lawsuits;
(2) Providing information which will assist in the
implementation and/or operation of the risk management program;
(3) Issuing directives to subordinate officers or
employees necessary to implement the risk management program.
(b) Reporting Accidents and Incidents. County officers and
employees shall immediately report to the Risk Manager any
accident or incident which a reasonable person would expect to
result in the eventual filing of a claim or claims lawsuit.
(c) Prohibited Acts. Without prior authorization of the
Risk Manager, Prosecuting Attorney or outside legal counsel,
County employees shall not:
(1) Attempt to affect the settlement of a claim or
claims lawsuit;
(2) Make an admission of liability involving a claim
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or claims lawsuit; or
(3) Discuss incidents, decisions, or issues with a
person not serving as a County officer or employee when a
reasonable person would understand that such discussion may lead
to a claim or claims lawsuit against the County.
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