HomeMy WebLinkAboutMINUTES - 05032005 - C21 s.
* •+
Contra
TO: BOARD OF SUPERVISORS
t
Costa
°�FROM: Robert J. �achlys District Attorney ,
ao s T
ZI
DATE: April 21, 2005 QSA'cou 'i`" County
SUBJECT: Approval to Submit an Application and Execute a Grant Award Agreement with the State
Department of Insurance for Funding of Workers' Compensation Insurance Fraud Prosecution
Program in the Amount of$ 599,389 for the Period July 1, 2005 through June 30, 2006
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Approve and authorize the District Attorney to submit an application and execute a grant award agreement,
and any extensions or amendments thereof, pursuant to State guidelines, with the State Department of
Insurance for funding of the Workers' Compensation Insurance Fraud Prosecution Program in the amount of
$ 599,389 for the period July 1, 2005 through June 30, 2006 (State funds-budgeted).
FINANCIAL IMPACT:
The grant application will fund salaries and benefits for two attorneys, an investigator, and one-half FTE
clerk assigned to the program. The Workers' Compensation Insurance Fraud Prosecution grant 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 grant
positions are included in the District Attorney's 2005/06 budget.
REASONS FOR RECOMMENDATION/BACKGROUND:
The State 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.
I r
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
----------------------------------------------------------------------------------------------------------------------------------------------..N___----------------------------
*---AECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
L.-APPROVE OTHER
SIGNATURE(S):
-------------------------- - -- _ ----- - ___-_----______--_----_------------------------------------------------_---------------------------------------
ACTION OF BOA N/1 0 APPROVE AS RECOMMENDED OTHER
VOT OF SUPERVISORS p I HEREBY CERTIFY THAT THIS IS A TRUE
-�"�.,_ AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT: Ed Dang,DDA(646-2396) JOHN SWEETE V CLER OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: District Attorney--Attn:Renee Goldstein
County Administrator--Attn:Lisa Driscoll ,_,r
Auditor-Controller '
BY
DEPUTY
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.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to approve the recommendation will result in the inability of the District Attorney to apply for
State funds designated for use by Contra Costa County in the prosecution of workers' compensation
insurance fraud. A County which fails to submit the application shall not be considered for funding,
and their undistributed funds shall be returned to the Department of Insurance to be reprogrammed.
fi
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on (date), by the following vote:
AYES: Gioia,Piepho.,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2005/
Subject: Funding of the Workers' Compensation)
Insurance Fraud Prosecution Program )
RESOLUTION OF THE GOVERNING 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, California Code of Regulations Subchapter 9, Article 3, Section
2698.55 and administered by the California Department of Insurance (hereinafter referred
to as DCII),
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 for 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 grant funds received hereunder shall not be used
to supplant expenditures controlled by this body.
CERTIFIED COPY
I certify that,ods is a full,true and correct copy of the original document which
is on file in my office ATTEST JOHN SWEETEN Clerk of the bond of
ors and County Administrator by Deputy Clerk.
on 5105
cc: District Attorney (5 certified copies) Attn: Renee Goldstein
County Administrator-Attn: Lisa Driscoll
Auditor-Controller
RESOLUTION NO. 2005/