HomeMy WebLinkAboutResolutions - 2017.07.19 - 23008rnmissioner Thomas Middleton, District #4
Chairperson, Finance Committee
MISCELLANEOUS RESOLUTION #17192_ July 19, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS/CLAIMS REVIEW COMMITTEE — AMEND MR #09033 CLAIMS
REVIEW COMMITTEE — LIABILITY CLAIMS POLICY AND PROCEDURES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #86276 this Board of Commissioners established a Claims
Review Committee and Claims Procedure; and
WHEREAS MR #88205, MR #91016 and MR #09033 revised the Liability Claims Policy and Procedures;
and
WHEREAS Corporation Counsel and the Claims Review Committee have reviewed and re-evaluated the
Liability Claims Policy and Procedures and recommends the Policy be further modified as follows:
1. That the title of the Policy be changed to "Liability Claims and Worker's Compensation Policy and
Procedure".
2. That the Policy be expanded to require the approval of worker's compensation settlements and
redemptions and treat such settlements and redemptions the same as the settlement of claims
and litigation matters.
3. Specifically, a worker's compensation settlement or redemption up to $25,000 can be approved
by Corporation Counsel and the Risk Manager. Such settlements or redemptions in excess of
$25,000 would have to be approved by the Claims Review Committee. Such settlements or
redemptions in excess of $100,000 would have to be approved by the Claims Review Committee
and the Finance Committee. No such approvals are presently required.
4. The proposed modifications to the Policy were approved by the Claims Review Committee on
June 19, 2017.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
attached Revised Liability Claims and Workers Compensation Policy and Procedures which shall
supersede all others previously passed by this Board.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
COUNTY OF OAKLAND
LIABILITY CLAIMS AND WORKERS COMPENSATION
POLICY AND PROCEDURES
Revised June _, 2017
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 professionals 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 Review Committee
A. The Claims Review Committee shall be 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.
B. The Claims Review Committee shall be consulted for claims settlement authority for
all civil claims, including worker's compensation matters, as provided in this Policy.
C. The Claims Review Committee shall also make recommendations to the Chairman of
the Board of Commissioners and the County Executive for the selection of
replacement and additional law firms to handle civil claims and worker's
compensation matters. The Chairman of the Board of Commissioners and County
Executive shall jointly have authority to act upon the recommendations of the Claims
Review Committee on the use of outside counsel.
II. Civil Claims Settlement Authority
A. $0 to $25,000
Approval of Corporation Counsel (for litigation matters) or the Risk Manager (for
claims that have not resulted in litigation).
B. $25,000 to $100,000
Approval of the Claims Review Committee.
C. $100,000 & Above
Approval of the Finance Committee of the Board of Commissioners after
recommendation of the Claims Review Committee.
Assignment of Civil Defense Counsel
No more than two (2) firms shall be retained at any one time to represent the
County in civil matters. The two current law firms handling defense of civil
matters 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
various unique liability exposure areas of the County, such as, prisoner civil
rights, employment discharge cases, judges' liability, etc.
Assignment of counsel where the County is insured and there is a self insured
retention (SIR) shall be done in accordance with the applicable insurance policy.
Assignment of special litigation cases (cases involving unique legal issues or
expertise) to firms shall be done by Corporation Counsel in consultation with
the Chair of the Claims Committee.
In the event the Department of Corporation Counsel determines that it has a
conflict of interest such matters shall be referred for handling to one of the
current defense firms, except as provided above.
IV. 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, and shall provide the
proposed fees and/or hourly rate to be charged by such attorney or firm. 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.
V. Authority for Redemption and/or Settlement of Worker's Compensation Matters
The County may determine that it is in its best interests to redeem and/or
settle its liability for wage loss and medical benefits to an employee in a
worker's compensation matter by agreeing to pay a lump sum redemption or
settlement to the employee. This provision only applies to the lump sum
redemption and/or a settlement concerning the payment of benefits. It does
not apply to the ongoing payment to a County employee of wage loss or
2
medical benefits.
A. $0 to $25,000
Approval of Corporation Counsel and the Risk Manager
B. $25,000 to $100,000
Approval of the Claims Review Committee.
C. $100,000 & Above
Approval of the Finance Committee of the Board of Commissioners after
recommendation of the Claims Review Committee.
VI. Worker's Compensation Counsel
A. Assignment of Defense Counsel
The current law firm handling the defense of worker's compensation matters shall
continue to be retained.
Assignment of special worker's compensation cases (cases involving unique
legal issues or expertise) to firms shall be done by Corporation Counsel in
consultation with the Chair of the Claims Committee.
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Resolution #17192 July 19, 2017
Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, McGillivray,
Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APP
7/1-2-171
Vg YHIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 July 19, 2017,
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 19th day of July, 2017.
Lisa Brown, Oakland County