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HomeMy WebLinkAboutMINUTES - 07172001 - C.41 ?-- -•p Contra TO: BOARD OF SUPERVISORS ', Costa County FROM: Gary T. Yancey, District Attorney DATE: June 26, 2001 SUBJECT: Approval For Submission and Execution of Contract With the State of California,Department of Insurance, for the Purpose of Combating Workers' Compensation Insurance Fraud for the Period of July 1, 2001 through June 30, 2002, in the amount of$434,617. (State Funds) REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION I. Recommended Action Authorize the District Attorney to submit an application and execute a grant award contract,including any extensions and amendments thereto, with the State of California, Department of Insurance, for funding of the prosecution of workers' compensation insurance fraud for the period July 1, 2001 through June 30, 2002, in the amount of $434,617. (State Funds) II. Financial Impact None. The grant application in the amount of $434,617 will fund the salary and benefits for two attorneys, an investigator, and one-half clerk assigned to the program. The workers' compensation insurance fraud award is allocated from a trust fund financed by an assessment payable by the insurer. Of the assessment amount, approximately one-half is earmarked for distribution to District Attorneys for enhanced prosecution of workers' compensation insurance fraud. Supplantation is prohibited. Expenditures and revenue for these positions are included in the District Attorney's 2001/2002 proposed budget. III. Reasons for Recommendations/ Background The Legislature has determined that one of the significant factors driving up the costs of workers' compensation insurance is fraud. While fraud is recognized as a growing problem across the country, California is an area of concerted criminal activity in insurance fraud. The cost of insurance coverage has been a major factor in the high cost of doing business in the state. SB 1218(Presley)was enacted to put teeth into the law and to provide resources for enforcement. If the grant is approved,it will allow the District Attorney to continue to place specially trained staff in the Criminal Fraud Division who will be able to concentrate on the growing problem of workers' compensation fraud. IV. Consequences of Negative Action Failure to approve this recommendation would result in the inability of the District Attorney to apply for$434,617 in state funds designated for use by Contra Costa County in the prosecution of workers' compensation insurance fraud. A county which fails to submit this application shall not be considered for funding, and their undistributed funds shall be returned to the Department of Insurance to be reprogrammed. CONTINUED ON ATTACHMENT: YES SIGNATURE: AAi <RECOMMENDATION OF COUNTY ADMINISTRATOR K RECOMMENDATION OF BOARD COMMITTEE P APPROVE OTHER SIGNA7'URE(S ACTION OF tNI ON APPROVED AS RECOMMENDED_ OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION �� ��� p TAKEN AND EN'T'ERED ON THE MINUTES UNANIMOUS (ABSENT^l Yyy �, ) OF THE BOARD OF SUPERVISORS ON THE DATE SAWN. AYES: NOES: I9'7\ ABSENT: ABSTAIN: JOHN SWEETY4 CLERKpt THE BOARD OF SUPERVIS S AND COUNTY ADMINISTRATOR Contact: Mark Peterson(646-2396) cc: CAO-George Roemer 1/� DA-Renee Goldstein BY Auditor Controller � 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 17, 2001 , by the following vote: AYES: SUPERVISOR GIOIA, GERBER, DE SAULNIER, GLOVER, and UILKEMA NOES: NONE ABSENT: ITOM ABSTAIN: NONE SUBJECT: WORKERS' COMPENSATION INSURANCE FRAUD PROSECUTION Resolution No. 2001 RESOLUTION OF THE GOVERiNING BOARD WHEREAS the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated as the Workers' Compensation Insurance Fraud Prosecution Program to be funded in part from funds made available under the authority of California Insurance Code section 1872.83 and administered by the California Department of Insurance (hereinafter referred to as DOI). NOW, THEREFORE, BE IT RESOLVED that the District Attorney of the County of Contra Costa is authorized to execute on behalf of the Board of Supervisors the Grant Award Agreement, including any extensions or amendments thereof. IT IS AGREED that any liability arising out of the performance of the Grant Award Agreement, including civil court actions or damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the California Department of Insurance disclaim any responsibility for such liability. BE IT FURTHER RESOLVED that the grand funds received hereunder shall not be used to supplant expenditures controlled by this body. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. , a� ATTESTED: JOHN SW TEN, lerk of the Board of Su isors and Con Ad inistrator By 00puty cc: Orig. Department: District Attorney (5 certified copies) - ATTN: Renee Goldstein County Administrator, ATTN: George Roemer Auditor- Controller � _ 1