HomeMy WebLinkAboutMINUTES - 04291986 - X.8 o: BOARD OF SUPERVISORS
FROM: Sunne Wright McPeak Contra
Costa
DATE: April 29, 1986 County
SUBJECT: Mandatory Arbitration of Claims :
Tort Liability Reform
SPECIFIC REQUEST(S) OR REC'OMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Request County Counsel, County Administrator and Risk
Management Consultants to determine feasibility of
establishing a program of mandatory arbritration of claims
against the county.
Further, in consultation with legal counsel for human
services contractors, examine feasibility of establishing a
program of a mandatory arbitration of claims against
individual providers ( and the county if also named in law
suits) as well as a standard waiver of liability.
BACKGROUND:
Both the increasing number of liability claims against the
county and the escalating costs of insurance for county
contractors force the Board of Supervisors to look at
creative solutions and alternatives. One approach that is
worth examining is mandatory arbitration of claims for
people who use county services. This might be an additional
measure we could take to protect the county taxpayers. As
the legally mandated "provider of last resort" for many
state services, perhaps the reasoning is even stronger for
the county to explore a mandatory arbitration program.
Recently, the City of San Rafael considered the institution
of liability waivers and mandatory arbitration. Attached is
a copy of the report to the Mayor and the City Council for
reference.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON April 29, 1986 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED alr, 98(0
County Administrator Phil Batchelor, Clerk of the Board- �,f
Risk Management.Director ( Silrtonisors and CoLinty Administrator
M382/7-e9 BY l��f.�-x. DEPUTY
CIS
OF Jhu
' MIZUTINO DATE: March ...3.....19.8 6:.SAN
P C S AFAE FAE L2
t �®
REPORT T Y AN CITY COUNCIL
SUBJECT:
ACCEPTANCE OF WAIVER OF LIABILITY/MANDATORY ARBITRATION LANGUAGE FOR
CITY FORMS.
ROVED my: ........... . ............................
OUEIMITTHD ®Y:...... .. ... Y I
C ...... . .... .. ..........
E RECREATION DIRECTOR Cit Mans"r
OATS: FEBRUARY 27, 1986
RECOMMENDATION: Accept staff recommendation.
LACKGROUND: At the request of City Council and with assistance from the City Attorney's
oYfice and the City Risk Management Consulatant, staff has drafted language to further
protect the City from liability claims. The following language includes the original
liability waiver language presently on all City forms. The second paragraph was
suggested by the City's Risk Management Consultant to assure participants are cognizant
of the risks and fully accept this responsibility. The third paragraph is the requested
P.andatory arbitration clause developed by the City Attorney's office. Staff proposes to
-nclude the entire three sections on all City forms such as recreation program regis-
Tration, facility rentals, Falkirk program and rental forms, Child Care registration
forms, and miscellaneous other use forms. The Fire Department will include the manda-
tory arbitration clause in their paramedic program forms. Staff is prepared to insert
the language immediate upon City Council approval.
hereby agree to idemnify and hold harmless the City of .San Rafael and it officers and
:employees, and any community organization co-sponsoring the program, from and against
.ny and all liability for any injury which may be suffered by me or my child, arising out
..f or in any way connected with participation in the program named above.
"1 also certify that I and my children are knowledgeable as to all rules of conduct
appropriate to the above mentioned activity. Neither I nor my child have any physical
;.ilnesses, conditions, disabilities or weaknesses that would interfere with safe parti-
.ipation in the activity. I recognize that bodily injury and/or property.damage may be
:stained through participation in this activity and acknowledge that I/we voluntarily
;;kept all risks of injury to persons or property.
Ln case of emergency, my child may be treated by a qualified physician.
AINDATORY ARBITRATION OF CLAIMS AGAINST CITY. It is hereby expressly understood that any
` aim asserted against the City by the undersigned participant, either on behalf of him/her
,r on behalf of another person, on account of bodily injury, mental disturbance, death
>x property damage, sustained as a result of, or for any reason connected with the use of
i.`_y property, facilities, or programs pursuant to this registration, will be determined
-,y submission to arbitration as provided by California law, and not by a lawsuit or resort
o court process except as California law provides for judicial review of arbitration
.pceedings. THE CITY AND THE UNDERSIGNED BY EXECUTION OF THIS DOCUMENT ARE GIVING UP
.' :EIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A
ATT'Y AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION.