HomeMy WebLinkAboutMINUTES - 07111989 - T.C. .;. BOARD OF SUPERVISORS
FROM: Ilr
Phil Batchelor C l
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DATE;
July 11, 1989 COI
SUBJECT: Arbitration of Claims
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Accept the Public Risk Management Association (PRIMA) Achievement Award for the
County's Inter-public Entity Litigation Cost Containment Program.
2. That the Risk Manager continue the Inter-public Entity Litigation Cost Containment
Program of cooperation and mediation in settling tort liability claims involving more
than one public: agency defendant.
BACKGROUND:
On October 28, 1986, the Board authorized 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 among them-
selves tort liability cases involving more than one public entity defendant.
The Board also authorized the Risk Manager to review with the Health Services Director the
existing provisions for arbitration in contracts entered into by the Contra Costa Health
Plan. On June 7, 1988, the Board requested an update in one year on this subject.
Health Services advises that the arbitration provisions have been deleted from all except
one health plan contract. Efforts are being made to delete the arbitration provisions
from the one remaining contract. No further action is needed in that area.
Inter-public Entity Litigation Cost Containment Program
Four public entities: the County, the Cities in the Contra Costa County Cities Municipal
Risk Management and Insurance Authority, the Central Contra Costa Sanitary District, and
the East Bay Municipal Utility District initiated a coordinated program for handling tort
claims filed against one or more of the entities. In addition, the City of Richmond and
the East Bay Regional Parks District have been invited to participate in this program.
This program works as follows:
1. When a third party tort claim is made against one of the public entities or an inci -
dent is disclosed which may lead to a claim, the initially involved entity determines
if other entities may be included in a resulting legal action. Notices and the
results of investigations are shared with those entities.
CONTINUED ON ATTACHMENT. _2L YES SIGNATURE• 1
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMED TION CF B RD COMMITTEE
APPROVE OTHER
I
S I GNATURE(S 1: p 5
ACTION OF BOARD ON July 11,_1909- APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I 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.
cc: Risk Management ATTESTED July 11 , 1989
PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382/7-83
r,
2. The `involved entities informally attempt to reach consensus on the liability issues.
This includes an assessment' of the overall extent of public entity liability and the
relative degree of individual entity responsibility, if any. .
3. If consensus is reached, the entities develop a joint defense strategy, a cost-sharing
arrangement for defense costs, and agree to apportionment of losses if awarded.
4. In the event consensus cannot be reached, the entities will consider -utilization of a
third party mediation procedure to resolve disputed issues.
5. The entities will not file cross-complaints against each other until after the
mediation procedure has been considered or. utilized.
This program has been successful because of the cooperation and hard work of those indivi -
duals responsible for managing their entities ' liability losses. Special recognition and
thanks must be given to Jake O'Malley of the Contra Costa County Cities Municipal Risk
Management and Insurance Authority, Jack Campbell of the Central Contra Costa Sanitary
District, Tom Nordin of the East Bay Municipal Utility District, and Ron Harvey of Contra
Costa County.
The Inter-public Entity Litigation Cost Containment Program was entered in the Public Risk
Management Association's (PRIMA) 1989 Risk Management Achievement Award competition.
PRIMA is a national membership organization for public sector risk management prac-
titioners. Our program received an Honorable "Mention Achievement Award plaque. Also,
through PRIMA, the program was shared with public entities nationwide in a risk management
achievement awards booklet.
The Inter-public Entity Litigation Cost Containment Program has created a new spirit of
cooperation between the involved public entities; provides a united, coordinated, and more
effective; defense on claims and lawsuits; and results in dollar savings of more than
$200,000 per year for the involved public entities and the citizens of Contra Costa
County.
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