DATE: December 15, 2015
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, Interim Director of Personnel Services
SUBJECT: Approve Resolutions Rejecting Claims for Damages
RECOMMENDED ACTION(S):
TITLE
Approve Resolutions Rejecting Claims for Damages
REPORT
ALTERNATIVE ACTION(S):
The Board could choose not to approve Personnel's recommendation.
FISCAL IMPACT:
Payment of claims and the cost of defending claims are charged to the Risk Management Internal Services Fund. This fund is supported by annual budgetary contributions based on actuarial projections.
DISCUSSION:
Your Board has delegated authority to Personnel Services to accept claims for damages in amounts up to $10,000 and reject claims up to $5,000. Claims exceeding that amount are referred to your Board after evaluation of the Claims Review Committee (CRC). The CRC considers various claims elements to include jurisdiction, allocation of fault, immunities, and compliance with the Government Tort Claims Act by claimants. The committee consists of Personnel staff, a Deputy County Counsel and an Independent Legal Counsel.
For claims involving damages over $5,000, a reserve is established which is estimated to be sufficient to pay the cost of investigating and defending the claim, and to pay any damages for which the County is liable.
After evaluation by the CRC, claims are presented to your Board with a recommendation to reject submitted claims, which places the County in the strongest position to negotiate and/or defend the claim.
The CRC has reviewed the claims that are summarized briefly and rejection for each claim is recommended.
Claims List:
Claimant No. Claimant(s)
9376 Fidel Ramirez
Gabino Pizano
Edgar Torres
Kao Hang
Ismael Arreazola
Sheriff's Foundation for Public Safety
9422 Gregory Shehee
9423 Dionicio Ramirez
9424 Robert and Mary Sandoval
9432 State Farm Insurance as Subrogee for
Bob Bounlevang
9433 AAA as Subrogee for ...
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