HomeMy WebLinkAboutResolutions - 2009.03.05 - 9841MISCELLANEOUS RESOLUTION #09033 March 5, 2009
BY: Finance Committee, Thomas F. Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS/CLAIMS REVIEW COMMITTEE - AMEND MR #91016
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 and MR #91016 revised the Liability Claims Policy and
Procedures; and
WHEREAS the Claims Review Committee has reviewed and re-evaluated its Liability
Claims Policy and Procedures and recommends the Policy be further modified as follows:
1. To increase settlement authority for Corporation Counsel and Risk
Management (from $10,000 to $25,000);
2. To correctly reflect that the County currently uses two defense firms (not three
as indicated in the old Policy).
3. To reflect that Corporation Counsel may handle some litigation brought by present or
former County employees, absent a conflict of interest.
4. To acknowledge that specialized litigation may be assigned to firms other than the
two firms handling general liability cases.
NOW THEREFORE BE iT RESOLVED that the Oakland County Board of
Commissioners adopts the attached Revised Liability Claims 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
Motion carried unanimously on a roll call vote with
Gingell, Zack and Coulter absent.
COUNTY OF OAKLAND
LIABILITY CLAIMS POLICY AND PROCEDURES
(MR #88205, amended per MR #91016)
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-te-$1-97000 $0 to $25,000
vleiat-aApproval of Corporation Counsel (for litigation matters) an or
the Risk Manager (for claims that have not resulted in litigation).
B. $1-0,000 $25,000 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,
Iwo (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.
Defense Counsel
A. Assignment of Defense Counsel
The three two 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 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) two (2).
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 with respect to the handling of litigation
brought by a present or former employee of the County that arises
out of the employee's employment (wrongful discharge, sexual
harassment or the like) such matters shall be referred for handling to
one of the current defense firms.
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.
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
2009-0125/LiabilityClaimsPoilcyProcedures.rtf
Resolution #09033 March 5, 2009
Moved by Capella supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Burns, Capella, Coulter, Douglas, Gershensan, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott,
Woodward, Zack, Bullard. (23)
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).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 March 5,
2009, 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 5th day of March, 2009.
gat
Ruth Johnson, County Clerk