HomeMy WebLinkAbout77-111RESOLUTION ESTABLISHING TRUST ACCOU~T
AND CLAIMS"PAYMENT"PROCEpURE
WHEREAS, the County has found ~tse7f in a position wherein it is unab7e
to purchase 1iabi7ity insurance uniess it agrees to a substantial self-insured
retention; a~d
WHEREAS, the amount of the self-insured retention makes mandatory the
operation of a self-insured plan and delegation of authority to pay claims
expeditious7y; and
WHEREAS, Sections 935.4 and 31000.8 of the Government Code authorizes
the Board of Supervisors to delegate its approval and payment of c7aims in a~ounts
of $5,000 (Five thousand dol1ars) or 1ess to County staff and authorizes the
establishment of a trust fund to be used for that purpose; and
WHEREAS, the County Admfnistrative Officer has proposed a plan to
facilitate payment of c7aims within said limit.
~OW, THEREFORE, BE IT RESOLVED by this Board:
1. 7hat the Auditor-Controller be authorized to establish a trust account
in~a lacal bank in the amount of $5,000 (Five thousand dollars) from which payment
of claims not exceeding $5,000 (Five thousand doliars) shall be made as hereinafter
described.
2. Checks may be drawn upon said fund referred to in Paragraph 1 subject
to procedures approved by the Auditor-Controiler and the County Administrative
O~ficer which provide for receipt, investigat~on; negotiation and settlement of
claims for damages aga~nst the County, and for payme~t thereof, in amounts not to
exceed $5,000 (Fiv~ thousand do]lars) per occurrence.
3. The County Administrative Officer, or his designee, shall have
autharity to cause to be issued chec~s in payment of claims for damages against the
County subject to sa~d lim~t of $5,000 (Five thousan~ dollars) per accurrence.
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4. The County Administrative Officer, or his des7gnee, shall convene a
Claims Review Committee, whieh Committee is hereby established as provided further
herein, ta review each claim, the payment of which he es~imates to exceed $1,OOQ (One
Thousand cEollars), In the event the claim may be settled for less than $5,000 (Five
thousand da~lars), the County Administrative Officer is hereby authorized ta settle
said claim, provided he has the approval of the Claims Review Committee. Said
Committee sha11 review a1l c]aims in excess of $5,000 (Five thousand dallars) and make
a recommendation to the Board of Su~ervisors thereon, where such recommendations is
requested by the Board.
5. The Claims Review Committee sha11 include in its membership the County
Counsel or his designee, the County Administrative Officer or his designee, the
Auditor-Control]er or his designee, a representative of the staff of any Tndependent
contractor retained to investigate clairos, and, when the County Counsel deems it
necessary, ou~side, independent legal counsel active~y engaged ~n providing legal
defense of the County against claims for damage.
6. The County Administrative Officer is further authorized to receip~C
and make denial or settlement, as provided herein as claims against the County, in
amounts not to exceed $5,OOQ (Five tho~sand dol~ars) per occurrence.
7. Expenditure of funds hereinbefore authorized shal] be documented by
records showing the reason for payment, name and address of payee, and copy of the
appropriate release of the County from further l~ability signed by the c]aimant.
Trust fund shall be reimbursed by warrant drawn on the County Treasury upon submission
to Auditor-Controller of appropria~e documenta~TOn au~horized by the County
Administrative Officer. Said reimbursements shall be a charge against general
insurance accounts as designated by the Auditor-Control1er and as appropriated by
the Board of Supervisors.
BE IT FURTHER RESOLVE~ by this Board that this Resolution shall become
effective on~ ~ July~ l~ ~ ~ ~ ~ ~ ~ ~ , 1977.
PASSED Af~D ADOFTED by the Butte County Board of Supervisors this 12th
day of July , 1977.
AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairfnan Richter
NOES: None
ABSENT: None
NOT VOTING:NnnP
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the Board
By . . ~~ . ~ . .'L . . V~.~
i!%-•a~ C,f~i!~ .~'. . . . .
~€~ R~ D. ~C TE , C airman of t~
Board of Supervisors