HomeMy WebLinkAbout78-127.: .:, ~
WHEREAS, the Conz~ty has found i~self in a position wherein i~
is unable to economioally purchase liability insurance; and
WHEREAS, self-insurance makes manc~ator~ tY~e operation of a plari
and delegation o~' authori~y to pay claims e~editiously; and
WHEREAS, Sections 935•4 and 31000.8 of the Government Code
autborizes tkae ~oard of Supervisors to dele~ate i~s approval and payment
o~' claims in amounts of $5,000 (Five tY~ousand dollars) or 7.ess to Coun-~y
staff and authorizes t'he establis'hment of a trust fund to be used for that
purpose; and
Wf~REAS, the County Administrative Officer has proposed a plan to
facilitate payment of claims witl~in said limit.
NOW, THE~ZEFOKE, BE IT RE~OZVED by tbis Board:
l. That the Audi~or-Controller be authorized to establish a
trust account~ in a local bank in tl~e amount of $5,000 (~`ive thousand do1.l.ars)
~'rom which payment of claims x~ot exceeding $5,000 (Five tl~ousand dollars)
incurred afte~ J~ne 30, 19`78, sha~l be made as hereinafter described.
2. Cl~~cks may be drawn upon said fund referred to in Para~raph 1
subjec~ to procedures approved b~ the Auditor-Controller and the County
Administrative d~ficer w~hich provide for receipt, investigation, ne~otiation
and settlemen~ of claims for damages a~ainst the County, and for payment
thereof, in amounts not to exceed ~5,000 (Five thousand dollars) per
occurrence.
3, TY~e County Administrative Of~'icer, or Y~is designee, shall have
au~hority to cause to be issued cl~ecks in payment of claims fi'o~ damages
against the County s~zbject to said limit of ~5,000 (Five thousand dolJ.ars)
per occurrence.
I~ESOLUTION ~STAB~,ISHING TRUST ACCOiT~T
A1~D CT.tA.I~S PA~NT PROCEDURE
4. The Coun~y Administ~ative Officer, or his desig~ee, shall
convene a Claims Review Commi~~ee, whic~ Committee is hereby established as
provided further herein, to review each claim. ~n the event the claim.may be
sett~ed for less than ~5,000 (Five thousand dollars), the Count~ Adminis-
trative Officer ~s hereby authorized to settle said claim, provided ne nas
the approval of tne Claims Review Committee. Said Committee sha~1 review
al1 claims in excess a~ ~5,000 (~ive thou5and dollars) and make a recom-
mendation to the Board of Supervisors thereon, where such recommenda~ions
~s requested by the Board.
5. T~e Claims Review Committee sha11 inclade in its members~ip
the County Counsel or his designee, the Co~nty Administrative Officer or
~is designee, the Auditor-Controller or his desi~nee, a representative of
the sta~~ of any independent contractor retained to investigate clazms, the
County Safety Officer or ~is desi~nee, and, when the County Counsel deems
it necessar~, outside, independent le~a1 counsel actively en~aged in pro-
viding 1e~al de~ense o~ the Count~ against claims for dama~e.
5. The County Administra~ive Of~icer is furt~er authorized to
receipt and make denial or settlement, as provided herein as claims against
t~e County, in amounts not to exceed ~5,000 (Five t~ousand dollars) per
occurrence.
7. E~penditure of funds ~ereinbefore authorized s~all be docu-
mented by records showing the reason for payment, name and address of payee,
and copy of t~e appropriate release of the Count~ from furt~er liabilit~
signed by t~e claimant. Trust fund shall be reimburse~ b~ warrant drawn
on t~e County Treasur~ upon submission to Auditor-Controller of appropriate
documentation aut~orized by the County Administrative Officer. Said reim-
bursements shall ~e a charge agai~st general insurance accounts as desig-
na~ed b~ the Auditor-Cont~oller and as appropriated by the Board of Super-
VISOFS.
BE IT FU1~TH~R AESOLVED by this Board that this Resolution supersefles
Aesolu~ion 77-111 w~~ch establis~ed a trust account and claims payment
procedure effective on Ju1y l, 19~7.
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~E I~ ~URTHER RESOLVED by t~is Board that this Resolution shall
become effective on Julv 25 , 19~8.
PASSED AND ADOPTED by t~e Butte Count~ Board of Sape~visors t~is
25~h day o~ __..July - - -
A~~ - Supervisors Lemke,
NOES: None
ABSEN'~: None
Z~TO'1` VOTING : None
ATTEST:
CLARK A. NEZSON, County Clerk
and ex-officio Olerk of t1~e Board
By ~ ~ .~'( , i~GYil.~-t
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Board of Supervisors