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Home My WebLink AboutResolutions - 1991.02.14 - 18467February 14, 1991 MISCELLANEOUS RESOLUTION 91016 BY: FINANCE COMMITTEE, G. William Caddell, Chairperson IN RE: BOARD OF COMMISSIONERS - CLAIMS REVIEW COMMITTEE - LIABILITY CLAIMS POLICY AND PROCEDURES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, by Miscellaneous Resolution 88205, the Oakland County Board of Commissioners established a Claims Procedure; and WHEREAS, the Finance Committee has requested the Claims Review Committee to review and re-evaluate its policy and procedure and report its recommendations; and WHEREAS, the Claims Review Committee has recommended revisions to the Liability Claims Procedures and Policies, which report and recommendation is attached; and WHEREAS, as part of this revision, the Finance Committee recommends delegating to the Claims Review Committee all requests for representation by lawyers/firms other than those approved. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the Liability Claims Policy and the Liability Claims Procedure, which shall supersede all others previously passed by this Board. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE COUNTY OF OAKLAND LIABILITY CLAIMS POLICY AND PROCEDURES A primary requisite for a successful claims management program is the implementation of a uniform methodology in the handling and management of claims. This is essential in conveying the philosophy developed, on behalf of the County, to its defense attorneys. Successful case management is dependent upon direct control and management of cases by the professional employed by an organization. The primary management of litigation and settlement of claims by Corporation Counsel and Risk Management shall embrace a "firm but fair" posture. If a case is to be defended, the County shall maintain an aggressive defense philosophy. Conversely, should a case be deemed meritorious for settlement, a prompt and equitable settlement shall be attempted. I. Claims Settlement Authority A. 0 to $10,000 Joint approval of Corporation Counsel and the Risk Manager. B. $10,000 to $100,000 Approval of the Claims Review Committee comprised of five (5) members: Two (2) members appointed by the Chairman of the Board of Commissioners, two (2) members appointed by the County Executive, and the Risk Manager. C. $100,000 & Above Approval of the Finance Committee of the Board of Commissioners after recommendation of the five voting members of the Claims Review Committee. II. Defense Counsel A. Assignment of Defense Counsel The three current law firms handling defense work shall continue to be retained. Assignment of cases shall be on an equitable rotation basis in order to develop further expertise in these firms in the various unique *.; _ . COUNTY OF OAKLAND LIABILITY CLAIMS POLICY AND PROCEDURES A primary requisite for a successful claims management program is the implementation of a uniform methodology in the handling and management of claims. This is essential in conveying the philosophy developed, on behalf of the County, to its defense attorneys. Successful case management is dependent upon direct control and management of cases by the professional employed by an organization. The primary management of litigation and settlement of claims by Corporation Counsel and Risk Management shall embrace a "firm but fair" posture. If a case is to be defended, the County shall maintain an aggressive defense philosophy. Conversely, should a case be deemed meritorious for settlement, a prompt and equitable settlement shall be attempted. I. Claims Settlement Authority A. 0 to $10,000 Joint approval of Corporation Counsel and the Risk Manager. B. $10,000 to $100,000 Approval of the Claims Review Committee comprised of five (5) members: Two (2) members appointed by the Chairman of the Board of Commissioners, two (2) members appointed by the County Executive, and the Risk Manager. C. $100,000 & Above Approval of the Finance Committee of the Board of Commissioners after recommendation of the five voting members of the Claims Review Committee. II. Defense Counsel A. Assignment of Defense Counsel The three current law firms handling defense work shall continue to be retained. Assignment of cases shall be on an equitable rotation basis in order to develop further expertise in these firms in the various unique liability exposure areas of the County, such as, prisoner civil rights, employment discharge cases, judges liability, etc. The maximum number of firms retained at any one time shall be three (3). Assignment of special cases to firms, not done on the above basis, should be done on a joint basis (agreement between Corporation Counsel and the Risk Manager) as to the appropriate firm to handle a case. This is subject to further modification in the event that an insurance or reinsurance program is implemented. In those situa- tions, counsel will be subject to the further approval of the insurers and/or reinsurers. All lawsuits involving employee allegations arising out of the course of their employment, such as, wrongful discharge, sexual harassment, etc., shall be assigned to outside counsel to avoid any appearance of conflict. B. Selection of Replacement Defense Firms Selection of replacement and additional attorneys shall be based only upon the recommendation of the Claims Review Committee to the Chairperson of the Board of Commissioners and the County Executive, who shall thereupon jointly have authority to act upon the recommendation. III. Requests for Counsel Other Than the Claims' Committee Approved Firms Any elected official, appointee, employee or any other person or persons coming under the protection of the "Employee Indemnification" (Resolutions #85339, 86124 and Merit System Rule) who requests representation by an attorney/law firm other than one which is an "approved firm" shall first present their request to the Claims Review Committee only. The Claims Review Committee shall make all decisions regarding such requests, which decisions are final. The Claims Review Committee may grant this request only when circumstances indicate that the interests of justice are best served due to special or exceptional circumstances. February 14, 1991 - N REPORT BY: IN RE: CLAIMS REVIEW COMMITTEE THOMAS A. LAW, CHAIRPERSON BOARD OF COMMISSIONERS - CLAIMS REVIEW COMMITTEE - LIABILITY CLAIMS POLICY AND PROCEDURES TO THE FINANCE COMMITTEE Ladies and Gentlemen: The Claims Review Committee, having reviewed the attached Liability Claims Policy and Procedures, reports with the recommendation that said policy and procedures be adopted. Mr. Chairperson, I submit the foregoing report. CLAIMS REVIEW COMMITTEE Committee Vote: Motion carried unanimously on a roll call vote. February 14, 1991 CLAIMS REVIEW COMMITTEE THOMAS A. LAW, CHAIRPERSON BOARD OF COMMISSIONERS - CLAIMS REVIEW COMMITTEE - LIABILITY CLAIMS POLICY AND PROCEDURES TO THE FINANCE COMMITTEE Ladies and Gentlemen: The Claims Review Committee, having reviewed the attached Liability Claims Policy and Procedures, reports with the recommendation that said policy and procedures be adopted. Mr. Chairperson, I submit the foregoing report. CLAIMS REVIEW COMMITTEE REPORT BY: IN RE: Resolution # 91016 • . February 14, 1991 Moved by Caddell supported by Law the resolution be adopted. AYES: Krause, Law, McConnell, McCulloch, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price. Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon. Jensen, Johnson. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 14, 1991 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County / of Oakland at Pontiac, Michigan this 14th day g)February 1991 ---45-- -- Lyn/O. Allen, County Clerk