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RESEARCH TOOLS › SAMPLE DOCS › ORDINANCES › King County Code Ch. 4.12
 
King County Chapter 4.12 - Claims agains County

Not an official copy.

King County Code
Chapter 4.12 - Claims Against County

Sections:

    4.12.010 Purpose.
    4.12.020 Definitions.
    4.12.030 Risk management division; duties of RM.
    4.12.040 Risk management committee.
    4.12.050 Role of prosecuting attorney.
    4.12.060 Duties of county officers, employees and authorized agents.
    4.12.070 Procedure for handling claims.
    4.12.080 Procedure for handling lawsuits.
    4.12.090 Defense of county officers, employees and authorized agents.
    4.12.100 Recovery of losses.
    4.12.110 Severability.

4.12.010 Purpose. The purpose of this chapter is to establish risk management policies for the

county and to define procedures for the executive and the prosecuting attorney regarding the processing and disposition of claims and claims lawsuits against the county. (Ord. 3581 § 1, 1978).

4.12.020 Definitions. As used in this chapter, the following words and terms shall have the

meanings set forth herein:

    A. "Chief civil deputy" means the chief deputy of the civil division, office of the King County prosecutor or his designee;

    B. "Civil division" means the civil division of the office of the King County prosecutor;

    C. "Claims" shall mean any claim naming the county, and/or its officers, employees or authorized agents while acting in good faith within the scope of their official duties, as a cause or causes of injury or damage and which alleges a tort cause of action and asks for money damages.

    D. "Lawsuit" means any lawsuit naming the county, and/or its officers, employees or authorized agents while acting in good faith within the scope of their official duties, as defendant(s), which lawsuit alleges a tort cause of action and asks for money damages;

    E. "Committee" means the risk management committee established by Section 4.12.040;

    F. "Council" means the King County council, as defined by Article 2 of the King County Charter;

    G. "Executive" means the King County executive, as defined by Article 3 of the King County Charter or his designee;

    H. "Risk management" means a coordinated and continuous management process to identify potential loss exposures, to apply reasonable and effective risk controls and to insure that the financial integrity of King County is not impaired after a loss;

    I. "RM" means the risk manager or his designee;

    J. "Safety manager" means the manager of the office of safety and workers compensation program. (Ord. 8428 § 1, 1988: Ord. 3581 § 2, 1978).

4.12.030 REVENUE AND FINANCIAL REGULATION

4.12.030 Risk management division; duties of RM.

    A. DESIGNATION. A risk management division is established in K.C.C. 2.16. The manager of the risk management division shall be the RM, who shall report directly to the director of the department of information and administrative services. It is the intention of the council that the risk management program as established in 1978 by Ordinance 3581, as amended, and codified as K.C.C. 4.12 shall apply fully to the consolidated county government, including the functions, structures, and operations performed prior to January 1, 1996 by the department of metropolitan services.

    B. GENERAL DUTIES OF RM.

    1. The RM shall be responsible for administration of the risk management program.

    2. The RM shall coordinate with the civil division on contractual matters giving rise to potential liability on the part of the county. The RM shall seek the advice of the civil division as to appropriate language regarding insurance, indemnification, releases and hold harmless clauses.

      Thereafter, the RM shall advise department directors and division managers concerning these matters as part of a coordinated process prior to finalization of county contracts.

    3. The RM shall be the chairperson of the committee and shall advise the committee concerning insurance, risk management policies, broker selection and other appropriate matters.

    4. With the approval of the committee, the RM shall select appropriate insurance brokers by use of a competitive procurement process for the marketing of insurance and related services.

    5. The RM shall be responsible for the purchasing and administration of all such insurance policies, funded self-insurance programs, and related services as are consistent with good risk management policy and the needs of the county. In purchasing insurance policies, the RM shall obtain the approval of the committee.

    6. The RM shall advise all county departments, divisions, and other county agencies regarding risk management and reduction of risk and exposure to loss, including programs and precautions for safety to reduce hazards to the public that may exist in county facilities and operations. The RM shall cooperate with the safety manager in areas where, in the opinion of the RM, the safety of employees and safety of the public requires coordinated programs. The RM shall also be responsible for answering all insurance or funded self-insurance coverage questions. The RM shall be responsible for the evaluation of current and future county/departmental insurance coverage programs and have the authority to make recommendations where such action is in the best interests of the county.

    7. The RM shall have the power, subject to budget authorizations, to contract for such outside assistance and perform such other acts as are necessary to carry out his/her responsibilities in an expeditious manner.

    8. The RM shall have the responsibility to establish reserve requirements for all claims and lawsuits and recommend financing plans and budget actions to assure that adequate resources are available to meet risk management financing requirements.

      9. The RM shall have responsibility for risk identification, control and reduction, including authority to make recommendations to all county departments, divisions and agencies regarding the safety of the public using county facilities or services.

    C. DUTIES OF RM RELATING TO CLAIMS.

    1. The RM shall have the power to employ the services of such claims specialists or other parties as are necessary to process claims in an equitable and expeditious manner.

    2. The RM shall cooperate with the civil division in coordinating information pertinent to claims and lawsuits against the county.

    3. For all claims of fifty thousand dollars or less, the RM shall make final disposition; Provided that, for all claims over two-thousand five-hundred dollars, the RM shall seek the advice of the civil division prior to final disposition.

    4. The RM shall maintain complete histories of all claims and claims litigation, insured or funded self-insurance, loss histories, and investigations of claims. The RM shall be responsible to insure that complete files are maintained of all claims asserted against the county and all incidents reported to the risk management division sufficient to document at least a five-year claims history.

      (King County 3-96)

    D. REPORTS. The RM on or before March 31st of the subsequent year shall report to the council the total number and amount of all claims filed against the county and the number and amounts of all claims paid by the county during the preceding calendar year, including totals of information required in the semi-annual report of the insurance fund. The RM shall make an annual report to the committee and the council regarding insurance coverage and the level of retained risk. (Ord. 11984 § 3,1995).

4.12.040 Risk management committee.

    A. CREATION AND COMPOSITION. There is created a risk management committee to be composed of the following individuals: RM, safety manager, chief civil deputy, and chief budget and strategic planning officer. The RM shall chair the committee. The safety manager shall be a nonvoting member of the committee and shall serve to inform and advise the committee on safety matters and coordinate employee safety programs with the risk identification and control functions of the committee.

    B. DUTIES OF COMMITTEE. The risk management committee shall:

    1. Make recommendations to the council and executive regarding risk management policy and shall cause such policy to be established and kept current;

    2. Approve the selection of all insurance brokers submitted to it, as a result of a competitive procurement process;

    3. Render advice to the RM on matters concerning the purchase of insurance policies and advise on the design of insurance and funded self-insurance programs;

    4. Advise the RM concerning matters of risk management policy; and

    5. Approve the purchase of all insurance policies. (Ord. 12076 § 38, 1995).

4.12.050 Role of prosecuting attorney.

    A. LEGAL ADVISOR OF COUNTY. This section is consistent with and implements in part state law, RCW 36.27.020, which makes the prosecuting attorney the legal advisor of the county.

    B. DUTIES.

    1. The prosecuting attorney, in accordance with state law, RCW 36.27.020, shall be primarily responsible for the defense of all lawsuits against the county, or against county officials, employees or authorized agents acting in good faith within the scope of their official county duties, except where insurance or service contracts provide for defense. The prosecuting attorney may contract with outside counsel for legal services where appropriate.

    2. The civil division shall provide legal advice to the RM regarding the disposition of all claims against the county.

    3. The civil division shall keep the RM advised of the current status and progress of all claims litigation.

    4. The civil division shall direct any recommendations for settlement of claims or lawsuits to the authority designated by Sections 4.12.030 and 4.12.080 as having final settlement authority. In recommending settlement of claims or lawsuits, the civil division shall consult, in conjunction with the risk management office, with the department, division or other county agency most involved with the litigation and/or named as a party to the lawsuit.

    5. In reviewing contract language involving indemnification, releases, hold harmless clauses or insurance matters, the civil division shall provide advice to the RM.

    6. The chief civil deputy of the civil division shall resolve any and all questions relating to the following issues:

        a. whether a county official, employee or authorized agent acted in good faith within the scope of his or her official county duties; and

        b. whether, for purposes of the issues raised by a particular claim or lawsuit, a person is in fact a county official, employee or authorized agent. (Ord. 8428 § 5, 1988: Ord. 3581 § 6, 1978).

        (King County 3-96)

4.12.060 REVENUE AND FINANCIAL REGULATION

4.12.060 Duties of county officers, employees and authorized agents.

    A. COOPERATION. All county departments, divisions or agencies and the officers, employees and authorized agents thereof are hereby directed to cooperate fully and in good faith with the RM and civil division in the investigation and defense of claims and lawsuits. When deemed necessary by the chief civil deputy or deputy prosecutor assigned to the case, such assistance may include, but not be limited to, the providing of testimony and exhibits for use in litigation. Any request for information by the office of risk management shall be considered a request by the civil division.

    B. FORBIDDEN ACTS. Except as specifically directed by the RM or civil division, no county department, division or other county agency, and no county official, employee, or authorized agent acting individually or collectively, may engage in the following acts:

    1. Negotiate or otherwise affect the settlement of a claim or lawsuit against the county;

    2. Make an admission of liability involving a claim or lawsuit against the county;

    3. Discuss with persons who are not county employees incidents which could reasonably lead to claims or lawsuits against the county; or

    4. Discuss with persons who are not county employees incidents which are the subject of pending claims or lawsuits.

    C. REPORTING ACCIDENTS AND INCIDENTS. In the event of an accident, incident or occurrence causing bodily injury or property damage involving county vehicles, property or personnel acting within the scope of their employment, the knowledgeable county officers, agents, employees and authorized agents shall provide notice to the office of risk management as soon as practicable. Such notice shall include all reasonably obtainable information with respect to the time, place and circumstances of said accident, incident or occurrence and the names and addresses of all knowledgeable county personnel, injured or affected parties, and available witnesses. (Ord. 8428 § 6,1988: Ord. 3581 § 7, 1978).

    (King County 3-96)

4.12.070 Procedure for handling claims.

    A. PLACE FOR FILING; CONTENT. All claims against the county for damages arising out of tortious conduct shall be presented to and filed with the clerk of the council. All such claims shall be verified and shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time or presenting and filing the claim and for a period of six months immediately prior to the time the claim arose. If the claimant is incapacitated from verifying, presenting, and filing his claim or if the claimant is a minor, or is a nonresident of the state, the claim may be verified, presented, and filed on behalf of the claimant by any relative, attorney, or agent representing him. With respect to the content of such claims this section shall be liberally construed so that substantial compliance will be deemed satisfactory.

    B. PERIOD AND REQUISITES. No action shall be commenced against the county for damages arising out of tortious conduct until a claim has first been presented to and filed with the clerk of the council. The requirements of this section shall not affect the applicable period of limitations within which an action must be commenced, but such period shall begin and shall continue to run as if no claim were required.

    C. TRANSMITTAL. The clerk of the council shall initiate the processing of a claim by immediately transmitting the original of the claim to the RM. The clerk of the council shall at the same time send a copy of the letter of transmittal to the civil division.

    D. DISPOSITION.

    1. For all claims of fifty thousand dollars or less, the RM shall be the final payment authority and shall make final disposition by either granting or denying such claim; Provided that, for all claims over two-thousand five-hundred dollars, the RM shall seek the advice of the civil division prior to final disposition.

    2. For all claims above fifty thousand dollars, the county executive shall make fina disposition after receiving advice from the civil division and the RM. (Ord. 8428 § 7, 1988: Ord. 3581 §8, 1978).

4.12.080 Procedure for handling lawsuits.

    A. SERVICE OF PROCESS. Service of a summons and complaint on the clerk of the council shall constitute service on the county for purpose of state law, RCW 4.28.080.

    B. SERVICE ON OFFICER OR EMPLOYEE. Any county official or employee who is served with a summons and/or complaint in a lawsuit against the county or against any of its officials, employees or authorized agents alleged to be acting in their official capacities shall immediately deliver the summons and/or complaint to the clerk of the council.

    C DISTRIBUTION. The clerk of the council, upon accepting service of the summons and/or complaint shall immediately deliver copies thereof to the civil division. The civil division shall docket the lawsuit and send a copy of the summons and/or complaint to the office of risk management.

    D. DEFENSE. The prosecuting attorney shall defend, or provide for the defense, of all self-insured lawsuits against the county or any of its officials, employees or authorized agents acting in good faith within the scope of their official duties; Provided that, such individuals discharge their obligations as set forth in Section 4.12.060.

    E. SETTLEMENT. Final authority for settlement of self-insured lawsuits shall be as follows:

    1. The RM, acting with the advice of the civil division, may authorize settlements of fifty thousand dollars or less.

    2. The executive, acting with the advice of the civil division and the RM, may authorize settlements of more than fifty thousand dollars. (Ord. 8428 § 8, 1988: Ord. 3581 § 9, 1978).

(King County 3-96)

4.12.090 Defense of county officers, employees and authorized agents.

    A. PURPOSE. The purpose of this section is to protect county officers, employees, authorized agents and their marital communities from personal liability for acts committed by such individuals in good faith and within the scope of their official county duties.

    B. DETERMINATIONS OF SCOPE AND STATUS. The chief civil deputy shall determine any and all questions relating to scope and status in accordance with Section 4.12.050.B.6.

    C. RESPONSIBILITY FOR DEFENSE. Where a county officer, employee, authorized agent or the marital community of such person is sued in a lawsuit for an act or alleged act falling within the scope of the officer's, employee's or authorized agent 's official duties, the prosecuting attorney shall be responsible for defense of that person or community in accordance with the procedures and requirements specified in Sections 4.12.050, 4.12.060, and 4.12.080, and 4.12.090.

    D. EXCLUSIONS. This section shall not apply where a claim or lawsuit is covered fully by insurance.

    E. POSSIBLE CONFLICTS. Where a possible conflict exists between the county and a county official, employee or authorized agent, acting in good faith within the scope of his or her official duties, the prosecuting attorney may at his or her sole discretion, appoint outside counsel as a special deputy prosecuting attorney to represent such persons. In such cases, the county shall be responsible for payment of costs incurred in such defense. (Ord. 8428 § 9, 1988: Ord. 3581 § 10, 1978).

4.12.100 Recovery of losses.

A. ACTIONS FOR RECOVERY. The RM and civil division shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the county arising out of the acts of others. Such losses may include property damages or losses which impact on the county as a result of personal injuries to county officers or employees. In addition, the civil division may join the county as a party with any third party in a lawsuit involving recovery of loss to the county.

B. ALLOCATION OF RECOVERIES. Any moneys recovered (excluding costs of recovery) by the RM or civil division on account of losses to the county 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 insurance fund. (Ord. 3581 § 11, 1978).

4.12.110 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect thevalidity of the remaining portions of this chapter. (Ord. 8428 § 13, 1988: Ord. 3581 § 13, 1978).

1 [For statutory provisions regarding claims against counties, see RCW 36.45.]