Yuba County Municipal Code Ch. 2.81 Liability Inter-Governmental Service Fund

There is hereby established in the County of Yuba a separate interest-bearing fund entitled "Liability Inter-Governmental Service Fund."

(Prior Code, § 2.81.010; Ord. No. 859)

Funds deposited in the Liability Fund shall be used solely for proper expenditures and claims related to the County's established program for self-funding liability coverage including but not limited to:

(1) Direct attendant claim costs, including but not limited to payments for:

a. Medical treatments;

b. Incurred disability;

c. Medical malpractice claims;

d. Automotive liability;

e. Personal injury;

f. False arrest; and

g. Other liability, indemnity, and related claims.

(2) Administrative costs, including but not limited to:

a. Personnel/risk management;

b. Claims adjusting;

c. County Counsel; and

d. Other related administrative costs.

(3) Legal and other allocated expenses.

(4) Educational expenses.

(5) Travel expenses.

(6) Consulting expenses.

(7) Excess insurance coverage expenses.

(Prior Code, § 2.81.020; Ord. No. 859)

(a) The following monies shall be deposited in the Liability Inter-Governmental Service Fund:

(1) Any amounts formally budgeted by the Board of Supervisors for inclusion into the Fund.

(2) Any funds paid to the County, from whatever source, for the provision of Liability or related coverage.

(3) Any and all interest received from the investment or reinvestment of monies within the Fund.

(b) In addition to such mandatory deposits, the Board of Supervisors may at any time, for any purpose and from any proper and available source, deposit additional monies into the Fund.

(Prior Code, § 2.81.030; Ord. No. 859)

The contribution shall be made by the County based on reasonable rates of contribution which shall be established by the Board of Supervisors. The Board shall, from time to time, employ consultants to advise the County on appropriate funding and reserving rates, policies and practices to provide for a solvent fund. Regular premiums approved by the Board shall be paid on the first of each quarter at one-quarter of the annual premium.

(Prior Code, § 2.81.040; Ord. No. 859)

(a) The balance of the Liability Inter-Governmental Service Fund shall at no time be less than the reserve required for the current and past fiscal years provided that the County maintain an excess coverage policy. In the absence of excess coverage, the Board of Supervisors shall set the ceiling at a reasonable level.

(b) The Auditor-Controller of the County shall monitor the balance of the Liability Fund at least quarterly and shall report in writing to the County Administrator on the fund balance in light of limits set forth in this Section.

(c) Upon receipt of written information from the County Administrator, the Board of Supervisors shall, within a reasonable period of time, order such deposits into or withdrawals from the fund as are necessary to maintain the balance within the limitations set forth in this Section.

(Prior Code, § 2.81.050; Ord. No. 859)

No payments or withdrawals from the funds shall be made except by specific authorization of the County Risk Manager, in the manner prescribed by the Auditor-Controller's office, for the purpose set forth in Section 2.81.020 or for the purpose of maintaining a balance within the limitations of Sections 2.81.040 and 2.81.050. Said authorization is further modified as follows with regard to the payment and settlement of claims. Claims against the County may be authorized for payment as follows:

(1) The Risk Manager, with the concurrence of either the County Administrator or County Counsel, is empowered to make claims payments or settlements in amounts up to and including $10,000.00

(2) For amounts over $10,000.00 up to and including $25,000.00, a committee consisting of the Risk Manager, the County Administrator, and County Counsel, by unanimous vote of the committee members in attendance, is empowered to make claim payments or settlements, but in no event shall there be less than two committee members in attendance.

(3) Claim payments or settlements in excess of $25,000.00 shall be made at the direction of the Board of Supervisors but shall not be unreasonably withheld in conjunction with the excess insurance carrier.

(4) The Risk Manager shall regularly report to the Board of Supervisors claim payments or settlements made by the Risk Manager or the committee designated in Section 2.81.070(2).

(Prior Code, § 2.81.070; Ord. No. 859; Ord. No. 1543)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.