Fresno County Municipal Code Ch. 5.02 Delegated Settlement Authority

The county administrative officer shall have the authority to settle or compromise any claim, lawsuit or action against the county or any claim, lawsuit or action the county has against another person or entity in an amount not to exceed fifty thousand dollars. Prior to executing or approving any such settlement or compromise, the county administrative officer shall consult with county counsel.

(Ord. No. 21-015, § 1, 9-21-2021)

The human resources director, or their designee, is authorized to allow, reject, compromise, or settle:

A. Any claim, lawsuit or action filed or brought against the county involving general tort liability matters covered by the county's self-insured program or excess liability insurance in an amount not to exceed fifty thousand dollars, excluding expenses and attorney's fees, provided the claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise or settle claims or actions within the scope of such policy.

B. Any employment practices liability or personnel disciplinary matter in an amount not to exceed fifty thousand dollars, with the concurrence of the relevant department head and county counsel, and in which any payment of additional salary, benefits or backpay does not exceed thirty thousand dollars, excluding expenses and attorney's fees.

C. Through compromise and release agreements or stipulated award any workers' compensation claim or case that is filed against the County of Fresno by or on behalf of an employee or officer related to a work-related illness, injury, or death; provided:

1. The amount to be paid pursuant to such allowance, compromise or settlement does not exceed fifty thousand dollars in new monies;

2. If the amount to be paid exceeds fifty thousand dollars in new monies, the allowance, compromise, or settlement must be approved by the board of supervisors.

3. The claim or action is for benefits as defined under the California Workers' Compensation laws;

4. The claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise, or settle claims or actions within the scope of such policy; and

5. Any such compromise or settlement is approved by the workers' compensation appeals board.

(Ord. No. 21-015, § 1, 9-21-2021)

The county counsel may waive, settle or compromise an amount of recoverable costs otherwise due the county in litigation or other action in an amount not to exceed five thousand dollars in exchange for a dismissal of said litigation or action by the opposing party. Whenever the litigation or other action involves a general tort liability matter, the county counsel shall consult with the county risk manager prior to such wavier, settlement or compromise of recoverable costs.

(Ord. No. 21-015, § 1, 9-21-2021)

A. For purposes of this Chapter 5.02, "county" shall include any county officer or employee acting within the scope of their course of employment for the county.

B. Nothing in this Chapter 5.02 shall prevent the board of supervisors, prior to the time that any waiver, compromise or settlement governed by this chapter has become legally binding on the county, from taking formal action in a properly noticed board of supervisors meeting and in conformity with state law that overturns or countermands the proposed waiver compromise or settlement made under the provisions of this chapter.

C. Nothing in this Chapter 5.02 shall prevent the board of supervisors from formal action taken in a properly noticed board of supervisors meeting and in conformity with state law delegating other settlement authority levels or terms to any county official on a specific claim, case or action.

D. The county administrator, human resources director and county counsel shall provide reports to the board of supervisors of matters settled, compromised, or resolved pursuant to this Chapter 5.02, no less frequently than annually.

(Ord. No. 21-015, § 1, 9-21-2021)