HomeMy WebLinkAboutMINUTES - 09101991 - 1.118 10: BOARD OF SUPERVISORS
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FROM: PHIL BATCHELOR --�' Contra
County Administrator Costa
DATE: July 30, 1991 �•^o- ,�T`� County
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SUBJECT: SHERIFF'S DEPARTMENT PROPERTY DAMAGE COMPENSATION PROGRAM
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
1. Authorize, pursuant to Government Code Section 26227, the establishment within
the Sheriff':s Department of a Property Damage Compensation Program to pay
citizens for damage to private property caused by Sheriff's Department employees
in the lawful exercise of their official duties, subject to the conditions
detailed below.
2. Authorize the Sheriff-Coroner, subject to restrictions below, to expend a maximum
of $5,000 of appropriated FY 1991/92 departmental funds. (Budget Unit 0255)
FINANCIAL IMPACT:
The Sheriff-Coroner has been authorized to expend current year appropriated funds for
the purpose specified. No additional general funds are required.
REASONS FOR RECOMMENDATION/BACKGROUND:
Occasionally, members of the Sheriff's Department cause damage to private property in
the lawful exercise of their official duties. Under such circumstances, the citizen
affected does not have cause to file a tort claim against the County. There. is no
legal recourse for the recovery of the cost of such damage. However, Government Code
Section 26227 permits a county board of supervisors to establish and fund programs
deemed necessary by the board of supervisors. to meet the social needs of the
population of the county including, but not limited to, the areas of law enforcement
and public safety. The County Counsel has interpreted that Section as permitting the
Board of Supervisors to establish a program that would compensate citizens for the
kind of property damage described above.
In discussions with both Risk Management and the Sheriff's Department, a program for
property damage reimbursement is recommended on a pilot basis for FY 1991/92 subject
to the following conditions and restrictions:
1. That the Sheriff-Coroner be permitted to expend no more than $5,000 during
FY 1991/92 out of `funds appropriated to BU 0255,
2. That the amount per incident be limitedt $ 0,
CONTINUED ON ATTACHMENT: X YES Signature: 2,A.._
X Recommendation of County Administrator
Recommendation of Board Committee
X Approve Other
Signature(s):
Action of Board on:' 2� q Approved as Recommended _ Other
Vote of Supervisors: I HEREBY- CERTIFY THAT THIS IS A TRUE
C-1 AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested:
cc: Sheriff-Coroner Phil Batchelor, Clerk of
Risk Management the Board of Supervisors
County Counsel and County Administrator
BY: Com' UUP , DEPUTY
t. . Sheriff's Department Property 2 July 30, 1991
Damage Compensation Program
3. That the request for reimbursement be submitted by the Sheriff's Department
to County Risk Management in a format prescribed by Risk Management, which
will investigate the claim, adjust the claim value as appropriate, and so
advise the Sheriff's Department,
4. Subject to the dollar limitations above, that the Sheriff-Coroner be limited
to authorizing payment to that amount recommended by County Risk Management,
5. If the Sheriff-Coroner wishes to continue this program in FY 1992/93, a
report should be submitted to the Board of Supervisors through the County
Administrator on how the program operated in the current fiscal year.