San Bernardino County Municipal Code Ch. 34 Risk Management Department

There is hereby created and established a Risk Management Department.

(Ord. 2734, passed - -1983; Am. Ord. 3390, passed - -1990; Am. Ord. 3397, passed - -1990; Am. Ord. 4368, passed - -2019)

The purpose of the Risk Management Department is to provide protection for the County’s assets by identifying risk exposure areas; by treating these areas using methods of risk avoidance or reduction; by determining the best technique or combination for treating such exposure that cannot be avoided or reduced, such as risk retention, self-insurance, noninsurance and insurance on those risks that are too great to assume.

(Ord. 2734, passed - -1983; Am. Ord. 3397, passed - -1990; Am. Ord. 4368, passed - -2019)

The Risk Manager shall be appointed by the Chief Executive Officer and such appointing authority power may be delegated in writing to an Assistant Executive Officer or a Deputy Executive Officer.

(Ord. 2734, passed - -1983; Am. Ord. 3390, passed - -1990; Am. Ord. 3397, passed - -1990; Am. Ord. 4368, passed - -2019)

All tort liability claims required to be presented to the County under the provisions of the California Tort Claims Act of 1963 (Government Code §§ 900 et seq.) shall be filed with the Risk Manager. For purposes of Government Code § 915 only, the Risk Manager is designated as a Deputy Clerk of the Board of Supervisors. Any such claims received for filing by the Clerk of the Board of Supervisors shall be transmitted forthwith to the Risk Manager.

(Ord. 2734, passed - -1983; Am. Ord. 3397, passed - -1990; Am. Ord. 4368, passed - -2019)

(a) The Risk Manager shall have the power to shut down any County or other Board governed entity operation or facility which represents an imminent hazard to County or other Board governed entity employees or to the public.

(b) The Risk Manager or his or her designee, with consent from the County Counsel, is authorized to consent to the filing of a lawsuit, cross-complaint, lien, or other legal action on behalf of San Bernardino County or other Board governed entity to seek compensation for damage to property or personal injury to a County or other Board governed entity employee occasioned in the course and scope of the individual's employment.

(c) The Risk Manager or his or her designee is authorized to allow, deny, compromise or settle any tort liability claim or lawsuit that is presented or filed against San Bernardino County or other Board governed entity, its officers or employees provided:

(1) The amount to be paid pursuant to such allowance, compromise or settlement does not exceed $50,000; provided further, that if the matter is in litigation, whether in a court of law or administrative proceeding, the allowance, compromise or settlement is with the concurrence of the County Counsel; and

(2) The claim or lawsuit 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.

(d) The Risk Manager or his or her designee is authorized to settle any tort liability claim or lawsuit that is presented or filed by San Bernardino County or other Board governed entity against any person or entity provided the settlement is no more than $50,000 less than what is owed to the County or other Board governed entity; provided further, that if the matter is in litigation, whether in a court of law or administrative proceeding, the compromise or settlement is with the concurrence of the County Counsel.

(e) The Risk Manager or his or her designee is authorized to negotiate and settle any claim, lawsuit, lien, or other legal action that seeks to recover money paid by San Bernardino County or other Board governed entity for workers' compensation benefits provided:

(1) The County Counsel consents to the settlement terms; and

(2) Except when approved by the County Counsel, Chief Executive Officer, and Chair of the Board of Supervisors, if the matter involves a claim or lawsuit filed or presented against a third party by the employee who received workers' compensation benefits, the County or other Board governed entity shall not receive more than the lesser of: (i) Fifty percent of the total amount to be paid to the employee by the third party in the settlement or judgment; or (ii) An amount equal to fifty percent of the total amount of workers' compensation benefits the County paid the employee.

(f) The Risk Manager or his or her designee is authorized to allow, deny, compromise or settle a Workers' Compensation claim or lawsuit that is filed against San Bernardino County or other Board governed entity provided:

(1) The claim or lawsuit is for benefits as defined under the Workers' Compensation Laws of the State of California;

(2) The claim or lawsuit 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;

(3) That any such compromise or settlement is approved by the Workers' Compensation Appeals Board (WCAB); and

(4) Except as hereinafter provided, the amount to be paid pursuant to such compromise or settlement does not exceed $50,000; provided further, that if the matter is in litigation, whether in a court of law or administrative proceeding, the compromise or settlement is with the concurrence of County Counsel or the attorney retained to represent San Bernardino County or other Board governed entity. If the amount to be paid exceeds $50,000, the compromise or settlement must be approved by the Board of Supervisors, unless the amount of compromise or settlement is to meet State-mandated payments or benefits under the Workers' Compensation Laws of the State of California such as WCAB-approved lump sum payments for permanent disability, life pension, burial expense and/or death benefits or unless the WCAB enters an award or other judgment or order.

(g) In all claims or lawsuits that are allowed, compromised or settled, the Auditor-Controller shall, upon written order of the Risk Manager or his or her designee, and in accordance with the terms of such allowance, compromise or settlement, cause the necessary warrant to be issued upon the Treasury of San Bernardino County or other Board governed entity in an amount for which such tort liability or Workers' Compensation claim or action has been allowed, compromised or settled pursuant to this Section.

(Ord. 2734, passed - -1983; Am. Ord. 2967, passed - -1985; Am. Ord. 3397, passed - -1990; Am. Ord. 3942, passed - -2004; Am. Ord. 4368, passed - -2019; Am. Ord. 4498, passed - -2025)

The self insurance program for the County of San Bernardino includes, and is in lieu of, official bonds for any officer or employee employed by the County, and for the officers or employees of any district governed by the Board of Supervisors. The Risk Manager shall recommend that the Board of Supervisors approve the purchase of bonds or insurance from commercial sources covering risks included in official bonds when the Risk Manager deems it prudent to supplement the self insurance program and protect the assets of the County.

(Ord. 3646, passed - -1996; Am. Ord. 4368, passed - -2019)