To: Board of Supervisors
From: County Administrative Office
Agenda Section: Consent
SUBJECT:
title
Adoption of Resolution Updating Authority of the Risk Manager to Settle or Compromise Claims and Settle Pending Actions
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the proposed resolution delegating updated authority to the County Risk Manager to allow, settle or compromise claims and settle pending actions not exceeding $30,000 and County Counsel to make certain litigation decisions.
Body
SOURCE OF FUNDING:
Liability Fund (3524)
DISCUSSION:
The Board of Supervisors first delegated authority for the Risk Manager to settle or compromise claims against the county (not exceeding $20,000) in 1983 (Resolution No. 83-65). This delegation was last revisited in 2006, when settlement authority was increased to $25,000. (Resolution No 06-59). Your Board is authorized by Government Code section 935.4 to delegate authority to allow, settle, or compromise claims not exceeding $50,000. Government Code section 949 authorizes delegation of authority to settle any pending actions.
The County Administrative Officer, in consultation with the County Counsel's office, has recommended that authority be delegated to the Risk Manager to allow, settle, or compromise claims or any pending action against the county for an amount not exceeding $30,000. The current delegation to the Risk Manager to perform all the claim functions described in Government Code section 900-935.4 would continue. The proposed resolution also delegates to County Counsel authority to make litigation decisions in the best interests of the county related to filing of additional claims, tolling agreements, and waiver of potential conflicts of interest. These delegations involve issues of legal strategy that often must be made under strict time constraints.
FINANCIAL IMPACT:
The financial impact is dependent upon the claims and pending actions against the county...
Click here for full text