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Chapter 2.92
OFFICE OF RISK MANAGEMENT AND SAFETYSections:
2.92.010 CREATED.
2.92.020 FUNCTIONS.
2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION.
2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS.
2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS’ COMPENSATION CLAIMS.
2.92.055 CLAIMS MANAGEMENT COMMITTEE.
2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS.
2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS.
2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING.
2.92.080 RECOVERY OF LOSSES.
2.92.010 CREATED.
There is created the Office of Risk Management and Safety within the Department of Financial Services. The supervisor of said office shall be the Risk Manager, who shall report directly to the Director of Financial Services. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3394 §1, 1985)
2.92.020 FUNCTIONS.
The Office of Risk Management and Safety shall be responsible for:
(a) Loss reduction or prevention where such reduction or prevention is cost effective;
(b) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance and/or participation in programs providing pooled coverage, in whatever combination is most responsible and cost effective;
(c) Coordination and handling of all claims, including workers’ compensation claims;
(d) The maintenance of an effective employee safety program within the City; and
(e) Writing interdepartmental rules as he or she deems appropriate for the implementation and administration of this chapter. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3394 §2, 1985)
2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION.
(a) The Risk Manager shall be responsible for risk identification, analysis and control. Under the direction of the Risk Manager, the Safety Officer shall develop and administer the City’s Safety Program and ensure compliance with the program by making periodic inspections of City facilities, work sites, and office spaces in regards to employee safety. The Risk Manager and the Safety Officer have full authority to immediately stop any ongoing work when prescribed safety precautions are not being adhered to, or if there are serious concerns for safety until the matter is satisfactorily resolved.
(b) The Safety Officer is not required to be assigned to the Department of Financial Services. He or she may be assigned to any other department within the City. The duties of Safety Officer may also be assigned to one or more persons, but when functioning in that capacity, the Safety Officer will serve under the direction of the Risk Manager.
(c) The Safety Officer, through the Risk Manager, may make written recommendations regarding employee safety to the appropriate Department Head. Should the Department Head disagree with the Safety Officer, a written response shall be made to the Director of Financial Services stating the reasons for the disagreement. The Mayor shall make the final decision regarding implementation of any disputed recommendation.
(d) The Safety Officer is responsible for ensuring proper safety training is provided to all City employees and for ensuring that required certifications for employees are kept current. He or she shall also become actively involved in the ongoing training programs provided by Human Resources and other departments and ensure that a portion of that training is on Safety Awareness and Loss Prevention.
(e) The Risk Manager and Safety Officer are permanent members of the City’s Safety and Health Committee and shall monitor the Committee to ensure compliance with all applicable WISHA directives, provide input, and offer advice and assistance in helping the Committee to achieve its stated goals. The Safety Officer shall maintain the file of minutes of each Committee meeting.
(f) The City Attorney shall advise and recommend to all City Departments appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions. The Risk Manager shall review all proposed City contracts, permits and leases to ensure that all contractual provisions relating to indemnity and hold harmless provisions adequately protect the City. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §3, 1985)
2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS.
The Risk Manager is responsible for the design, negotiation, procurement and administration of all insured, self-insured and/or pooled coverage programs:
(a) The Risk Manager shall determine and recommend the appropriate retention levels and amount of reserves to be established;
(b) The Risk Manager shall negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers;
(c) The Risk Manager shall purchase, with the approval of the Director of Financial Services and City Council, all insurance policies, funded self-insurance programs, pooled coverage and related services, and shall administer the same. The Risk Manager is authorized to bind property, casualty, and surety insurance coverage without prior approval by City Council subject to budget authority. Within sixty (60) days of binding coverage, the Risk Manager shall advise City Council that coverage was bound and seek City Council approval for continuation of the bound coverage;
(d) The Risk Manager shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as may be required by the Council. (Ord. 5007 §1, 2007: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §4, 1985)
2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS’ COMPENSATION CLAIMS.
The Risk Manager, or designee, shall be responsible for the direction and monitoring of all workers’ compensation claims to a fair and equitable conclusion.
(a) Every employee shall immediately complete the appropriate report form when work-related injury or illness occurs and promptly forward same to the designated supervisor, who is responsible for immediately forwarding to the Risk Manager with any pertinent comments. The Risk Manager shall complete the employer section.
(b) The Risk Manager shall coordinate activity on the claim with the claim’s administrator, who shall be a certified workers’ compensation claims administrator as required by law, including time loss, medical verification, and instruction involving progress of the claim.
(c) The Risk Manager shall coordinate with the City Attorney and the Human Resources Director for retaining such outside expertise as necessary for the resolution of claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. The City Attorney’s Office may elect to represent the City in all hearings and/or trials involving workers’ compensation claims, or shall appoint outside counsel when appropriate.
(d) The Human Resources Director shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 4461 §4, 1994; Ord. 3994 §5, 1985)
2.92.055 CLAIMS MANAGEMENT COMMITTEE.
To assist the Mayor, a Claims Management Committee comprised of the Mayor or designee, City Attorney, Risk Manager, appropriate department head(s), and the City’s contracted claims adjuster may convene as needed as determined by the City Attorney. This committee will review large, litigated, or controversial liability and workers’ compensation claims against the City. The committee’s review shall include:
(a) The possibilities for early settlement.
(b) Identification of defense and settlement strategies.
(c) Identification of defense counsel.
(d) Estimation of reserve level necessary for claims resolution.
(e) Discussion and clarification of loss control responsibilities and policies. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 4461 §1, 1994; Ord. 3994 §5, 1985)
2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS.
The Risk Manager or designee shall be responsible for the successful conclusion of all nonlitigation claims by or against the City.
(a) The City Clerk is hereby designated to receive all claims. He/she shall forward to the Risk Manager all nonlitigation claims naming the City and/or its officers or employees, which claims allege that said officers or employees, acting within the scope of their duties, caused the claimant damages.
(b) All City departments, divisions and other City agencies shall report immediately to the Risk Manager the occurrence of any accident or incident which may give rise to a claim by or against the City to ensure prompt investigation of the incident.
(c) The Risk Manager shall initiate and/or coordinate the investigation of all nonlitigation claims. The Risk Manager may employ, subject to the Director of Financial Services’ approval, the services of claims specialists. All investigation of nonlitigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule.
(d) The Risk Manager shall have the authority to deny or negotiate the settlement of any claim to an amount not to exceed fourteen thousand nine hundred ninety-nine dollars ($14,999) subject to the approval of the Director of Financial Services.
(e) For all nonlitigation claims of fifteen thousand dollars ($15,000) or more, the Risk Manager shall provide the Director of Financial Services with a recommendation that the nonlitigation claim be accepted or denied and the reasons therefor.
Upon request of the Director of Financial Services, the Risk Manager shall coordinate additional investigation of the claim. The Mayor shall have the authority to accept or deny the claim; provided, however, that claim payments in excess of forty-nine thousand nine hundred ninety-nine dollars ($49,999) shall be subject to approval by the City Council.
(f) The Risk Manager shall maintain complete histories of all nonlitigation claims reported to the Office of Risk Management and Safety, and investigation thereof sufficient to document at least a five (5) year claims history. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §6, 1985)
2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS.
(a) Service of process on the Mayor, Mayor’s designee or City Clerk shall constitute service on the City. No other City official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit.
(b) The Mayor, Mayor’s designee or City Clerk or defendant employee, upon accepting service of the summons and/or complaint, shall deliver copies to the Risk Manager and City Attorney.
(c) The Risk Manager shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance company, pool or representative. The Risk Manager shall advise the City Attorney of the insured status of the lawsuit.
(d) The Risk Manager shall initiate and/or coordinate the investigation of all lawsuits which may be insured against involving the City and/or its officials/employees. The Risk Manager may employ, subject to City Attorney’s approval, the services of claims specialists. All investigation of lawsuits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule.
(e) Upon completion of the investigation, or at any time requested by the City Attorney, the Risk Manager shall forward the investigative file to the City Attorney. Upon request of the City Attorney, the Risk Manager shall coordinate additional investigation of the lawsuit.
(f) The City Attorney shall have the authority to authorize settlements up to fourteen thousand nine hundred ninety-nine dollars ($14,999).
(g) For all litigated claims of fifteen thousand dollars ($15,000) or more, the City Attorney shall provide the Mayor with a recommendation that the litigated claim by accepted or denied and the reasons therefor.
The Mayor shall have the authority to accept or deny the claim; provided, however, that settlement payments in excess of forty-nine thousand nine hundred ninety-nine dollars ($49,999) shall be subject to approval by the City Council.
(h) The City Attorney shall maintain complete histories of all lawsuits sufficient to document at least a five (5) year history of same. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §7, 1985)
2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING.
(a) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no City department, division, or other City agency, and no City official or employee, acting individually or collectively, may engage in the following acts:
(1) Negotiate or otherwise effect the settlement of a claim or lawsuit involving the City;
(2) Discuss with persons other than the Risk Manager, Director of Financial Services, Mayor, City Attorney, or persons authorized by the Risk Manager, Mayor or City Attorney, incidents which could reasonably lead to a claim or lawsuit against the City; provided, however, that the employee may discuss the incident with his/her supervisor.
(b) Prior to any formal settlement offer, the Risk Manager shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Manager shall seek approval of its insurers, in conformance with the provisions of any insurance policies applicable to the claim or lawsuit. In the event the insurer does not provide necessary settlement approval, no settlement shall be made without the Mayor’s written approval and acknowledgment that the City’s insurers have withheld approval.
(c) The Risk Manager shall annually report to the council the total number and amount of all claims filed against the City and the number and amounts of all claims or lawsuits paid by the City during the preceding calendar year. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Added, 06/13/1996)
2.92.080 RECOVERY OF LOSSES.
(a) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries to City officers or employees. In addition, the City Attorney may join the City as a party with any third party in a lawsuit involving recovery of loss to the City.
(b) Allocation of Recoveries. Any moneys recovered (excluding costs of recovery) by the Risk Manager or City Attorney on account of losses to the City shall be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of those so expended shall be transferred to the risk management fund. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §8, 1985)
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