HomeMy WebLinkAboutMINUTES - 10281986 - IO.2 TO'-Q - BOARD 'OF SUPERVISORS
FROM: INTERNAL OPERATIONS COMMITTEE Contra
October 27 , 1986 Costa
DATE: �Jt.ACly
Mandatory Arbitration of Claims nly
SUBJECT:
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Authorize the County' s Risk Manager to undertake discussions
with other public agencies directed at establishing a
process whereby public agencies could make use of
negotiation and possible arbitration in settling tort
liability cases involving more than one public agency
defendant and report his findings and recommendations to the
1987 Internal Operations Committee.
2. Authorize the County' s Risk Manager to review with the
Health Services Director the existing provisions for
arbitration in contracts entered into by the Contra Costa
Health Plan and report his findings and recommendations to
the 1987 Internal Operations Committee.
3 . Remove this item as a referral to the 1986 Internal
Operations Committee.
BACKGROUND:
On May 20, 1986 the Board of Supervisors referred to our
Committee a report from the County' s Risk Manager and County
Counsel. On June 9 our Committee requested that the Board direct
the Risk Manager and County Counsel to report additional
information to our Committee.
Mr. Tonda reported to our Committee on October 27 providing the
requested information. Copies of Mr. Tonda' s and Mr. Walenta' s
May 15 report to the Board, our Committee' s report of June 9, and
Mr. Tonda' s report of October 27 are provided for the information
of the Board, but are not considered as attachments to this
report.
As Mr. Tonda' s. October 27 report notes, there may be reasons to
review the arbitration provisions in the contracts entered into
by the Contra Costa Health Plan.
CONTINUED ON ATTACHMENT; _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _� RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
"Nancy
(for Sunne McPeSIGNATURE shden Tom PowerI &Vt 6 �
ACTION OF BOARD ON October 28, 1986 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
cc: Risk Manager ATTESTED _
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR
Social Services Director
M382/7-83 BY DEPUTY
Page 2
One area where arbitration may prove useful is in the area of
tort claims involving two or more public agencies. Currently, if
a public agency is sued by another party and the public agency
believes another public agency is or should be a party to the
action, they will often involve the other public agency in the
case. What too often happens then is a series of claims and
counterclaims between the public agencies.
This process is expensive for the involved public agencies,
consumes large amounts of staff time, increases legal defense
costs, and can result in the original plaintiff playing the
public agencies off against each other. Early communication
between the involved public agencies can result in mutual
agreement as to how to handle the claim, can reduce the costs of
settlement and save much wasted time and energy. Such an
agreement could include provisions for arbitration and serve as a
model for use by other public agencies in California.
We are, therefore, recommending the actions noted above.
7-
And the Board adjourns too/ meet in regular session
on LU� 9 �f..� 'ri �b6 at .'e� ° q
in the Board Chambers, Room 1079 County Administration Building,
Martinez , California.
�ca
T omas M. Powers, Chairman
ATTEST :
Phil Batchelor, County Administrator
and Clerk of the Board of Supervisors
J nne 0. Maglio, Deputy Clerk