Chapter 1.103
TORT CLAIMS AND INSURANCE FUND
Sections:
1.103.030 Inclusion in budget.
1.103.060 Authority of prosecuting attorney—Rebudgeting of reserves.
1.103.080 Investment of funds.
1.103.085 Tort claims account.
1.103.010 Established.
There is established a Chelan County fund to be known as the “tort claims and insurance fund.” (Res. 79-142 I § A, 11/27/79).
1.103.020 Purpose.
The purpose of this fund is to provide a single fund for the payment of tort claims against the county including its various departments and its officers, employees, and agents, and for the payment of premiums for policies of insurance purchased by the county to protect against losses from such claims and for the payment of such professional services and costs as might be needed in connection therewith including adjusting claims, defense of claims, risk management and brokerage services. (Res. 79-142 I § B, 11/27/79).
1.103.030 Inclusion in budget.
In order to assist in budgeting and the proper distribution of losses and costs, there shall be included in the budget for each county department an item for tort claims and insurance. The entire amount budgeted for the item shall annually be paid to the tort claims and insurance fund hereby created which shall be the sole disbursement of the item. (Res. 79-142 I § C, 11/27/79).
1.103.040 Payments.
All payments made by the county or for any of its departments for tort claims or premiums for liability insurance policies or professional services and costs incurred in connection therewith shall be paid from the tort claims and insurance fund. Each voucher for such payment shall show upon its face the department or departments responsible for the expense represented. The county auditor shall keep a subsidiary record showing the amounts paid on behalf of each department and crediting the departments with any subrogation or other recoveries or reimbursements received. (Res. 79-142 I § D, 11/27/79).
1.103.050 Grant of authority.
No county official, department head or employee, other than the county commissioners by duly adopted motion, shall have authority to obligate the county to any payments provided in Sections 1.103.010 through 1.103.080 to be made from the tort claims and insurance fund, except that the prosecuting attorney shall have authority to bind the county (1) to the settlement of tort claims in an amount not to exceed two thousand five hundred dollars per claim; and (2) to the costs of the defense of lawsuits through the retention of private counsel. (Res. 79-142 I § E, 11/27/79).
1.103.060 Authority of prosecuting attorney—Rebudgeting of reserves.
The prosecuting attorney shall have authority to establish reserves against the tort claims and insurance fund for the payment of outstanding tort claims. Such reserves, as records pertaining to a controversy to which the county is a party, shall not be open to public disclosure. The aggregate amount of reserves outstanding at the close of each calendar year shall be automatically rebudgeted for the tort claims and insurance fund for the ensuing year in addition to any other amounts which shall be budgeted by the county commissioners for said fund. Any funds remaining in the tort claims and insurance fund at the close of each budget year in excess of the sum of disbursements made plus reserves shall be transferred into the contingent claim reserve fund. (Res. 79-142 I § F, 11/27/79).
1.103.070 Deposits.
There shall be paid and deposited into the tort claims and insurance fund annually the amount of the sums budgeted for tort claims and insurance for the various county departments in accordance with Section 1.103.030 plus any subrogation recoveries or other recoveries or reimbursements described in Section 1.103.040 plus any interest earned upon moneys in the tort claims and insurance fund plus any money transferred thereto by order of the county commissioners from the contingent claim reserve fund or from any other source. (Res. 79-142 I § G, 11/27/79).
1.103.080 Investment of funds.
Funds on deposit in the tort claims and insurance fund shall be deposited and invested in the manner prescribed by law for the deposit and investment of county funds, and any income or increase therefrom shall be paid into the tort claims and insurance fund. (Res. 79-142 I § H, 11/27/79).
1.103.085 Tort claims account.
(a) The Chelan County prosecuting attorney is authorized to establish a revolving checking account to be known as the “Chelan County tort claims account” to be funded from the tort claims and insurance fund established in this chapter.
(b) The initial deposit into the Chelan County tort claims account shall be by treasurer’s check payable to said account, E. R. Whitmore, Jr., Custodian, in the amount of three thousand dollars.
(c) Checks will be drawn on the Chelan County tort claims account by the Chelan County prosecuting attorney or his duly authorized deputy only for the payment of duly adjusted and settled tort claims against the county and shall be reimbursed by warrants drawn on the tort claims and insurance fund pursuant to vouchers for claims which have been duly settled and paid. (Res. 80-55, 5/6/80).