HomeMy WebLinkAboutMINUTES - 06101986 - IO.5 TO BOARD OF SUPERVISORS
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INTERNAL OPERATIONS COMMITTEE CWLGi
DATE: June 9, 1986 COOL /
SUBJECT: Mandatory Arbitration of Claims
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Request the County Risk Manager and County Counsel to report
to our Committee on August 25, 1986 providing the
information requested below. .
2. Leave this matter on referral to our Committee.
BACKGROUND
On May 20, 1986, the Board referred to our Committee a report
from Joseph Tonda, Risk Manager, and County Counsel. Our
Committee met with Mr. Tonda and Arthur Walenta, Assistant County
Counsel, on June 9. We. reviewed Mr. Tonda' s report in more
detail and are requesting a further report to be made to our
Committee by Mr. Tonda and County Counsel on the following
matters:
1 . The potential for utilizing binding arbitration with
the Contra Costa Health Plan beyond the current
membership whose contracts include binding arbitration
provisions. Such provisions are included only in the
contracts for those members of the Health Plan who pay
their own premiums. We would like to consider
expanding it to other groups within the Health Plan to
the maximum extent possible.
2. Establishing a threshhold of perhaps $50,000 as the
minimum level for considering claims for arbitration.
3 . Develop a feasibility assessment for human services
contract agencies describing how mandatory arbitration
provisions might be included in the County' s contracts
with selected larger contract programs in the Health
Services Department and Social Services Department.
This should include a recommendation for a minimum
contract payment limit below which mandatory
arbitration would not be required, a description of
what the contract agency' s experience in liability
claims has been to date, and any other efforts that can
be made to assist in reducing the liability insurance
CONTINUED ON ATTACHMENT; YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
X APPROVE _ OTHER
SIGNATURE S Nancy C. Fa en Sun
ne bl. McPeak «Jl
ACTION OF BOARD ON Mune APPROVED AS RECOMMENDED _X_ OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT TTI ) 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 _ June
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR
Social Services Director
M382/7-83 B� SIx�LC/a �u o/ DEPUTY
e'
Page 2
3 . (continued)
premium for contract agencies.
4 . A report which describes how mandatory arbitration
might be expanded in other areas to reduce the County' s
exposure to adverse settlements, to reduce costs to the
County, and reduce the number of cases which must go to
trial.
5. Include a statement of the professional opinion of the
Risk Manager and County Counsel on the benefits and
potential drawbacks of a mandatory arbitration system
for claims against the County.
6 . A report on the number of claims filed over the last
few months and their disposition. This report might be
prepared in a format which could be forwarded to the
Board on a periodic basis to advise the Board members
of the disposition of claims which are filed against
the County.
County Counsel pointed out that mandatory arbitration is only
possible currently in those cases where the County has a
contractual relationship with the claimant, such as is the case
with the Contra Costa Health Plan. We would like to expand
appropriately the number of such contractual relationships the
County enters into in order to increase the appropriate use of
mandatory arbitration while bearing in mind the potential for
increased administrative costs and other related problems which
are referred to in Mr. Tonda' s report of May 15, 1986 .