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HomeMy WebLinkAbout2736ORDINANCE NO. 2736 AN ORDINANCE of the City of Port Angeles, Washington, establishing a risk management and safety program, specifying policies and procedures therefore, and creating a new Chapter 2.68 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby created a new Chapter 2.68 of the Port Angeles Municipal Code to read as follows: CHAPTER 2.68 Risk Management and Safety Section 2.68.010 - Office of Risk Management and Safety - Created 2.68.020 - Office of Risk Management and Safety - Functions 2.68.030 - Office of Risk Management and Safety - Responsibilities for Loss Reduction /Prevention 2.68.040 - Office of Risk Management and Safety - Responsibilities for Insurance /Self- Insurance 2.68.050 - Claims Management - Workers Compensation Claims 2.68.060 - Claims Management - Nonlitigation Claims 2.68.070 - Claims Management - Litigation Claims 2.68.080 - Recovery of Losses 2.68.010 - Office of Risk Management and Safety - Created. There is hereby created the Office of Risk Management and Safety. The supervisor of said Office shall be the Senior Risk Management Analyst who shall report to the Human Resources Manager, who, in turn, shall report directly to the City Manager. 2.68.020 - Office of Risk Management and Safety - Functions. The Office of Risk Management and Safety shall be responsible for: A. Loss reduction or prevention; B. Transfer of risks to other parties where feasible through the purchase of insurance, and /or risk retention through a system of self - insurance, in whatever combination is most responsible and cost effective; C. Coordination and handling of all claims, in conjunc- tion with the City Attorney's Office as set forth in this Chapter; - 1 - T and D. Coordination of City compliance with State and Federal agency regulations concerning risk management and safety issues. 2.68.030 - Office of Risk Management and Safety - Responsi- bilities for Loss Reduction /Prevention. The Office of Risk Management and Safety shall be responsible for risk identification, analysis and control in accordance with the following policies and procedures. A. The Office of Risk Management and Safety shall develop and administer the City -wide safety program and periodically evaluate compliance with the program by inspecting City facilities and making frequent checks of field and shop areas to ensure worker compliance with Department of Labor and Industries and City work rules. Each department head and the Safety Committee shall be responsible to assure that risks incidental to each department's operations shall be identified to the Office of Risk Management and Safety and to assure that the necessary preventative measures are taken on an ongoing basis. The Office of Risk Management and Safety shall assist each department head in developing and implementing a safety program specific to the needs and risks incident to each individual department. The Office of Risk Management and Safety has full authority to immediately stop hazardous jobs when prescribed safety precautions are not being enforced. B. The Office of Risk Management and Safety shall make written recommendations regarding employee safety and the safety of the public using City facilities or services to the responsible department head. If the department head disagrees with the recommendation or refuses to comply, (s)he shall respond to the Office of Risk Management and Safety in writing stating the reasons therefor. If the Office of Risk Management and Safety and the responsible department head are still unable to agree, the matter shall be submitted to the City Manager for resolution. C. The Office of Risk Management and Safety shall monitor and assist the Safety Committee to ensure compliance with Depart- ment of Labor and Industries directives, provide input and offer advice and assistance in the achievement of its goals, and maintain on file the records of the Safety Committee. D. The Office of Risk Management and Safety, in conjunc- tion with the City Attorney's Office, shall advise and recommend to all City departments appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions. The Office of Risk Management and Safety and the City Attorney's Office shall approve all proposed City contracts, permits and leases to ensure that all contractual provisions relating to indemnity, hold harmless, and insurance provisions adequately protect the City. E. The Office of Risk Management and Safety shall write interdepartmental rules detailing the procedures to be followed by all departments to ensure accomplishment of the loss reduction /pre- vention functions. F. The Office of Risk Management and Safety shall develop an annual budget for the City's risk management and safety program, which shall provide for the necessary appropriations from the Self - Insurance Fund as established pursuant to Ch. 3.30 PAMC, and which may include appropriations for safety - related prizes and incentives for City employees to promote and encourage safety in the workplace as well as at home. 2.68.040 - Office of Risk Management and Safety - Responsi- bilities for Insurance /Self- Insurance. The Office of Risk Management and Safety, at the direction of the City Council, is responsible for the design, negotiation, procurement and administration of all insured and /or self- insured programs: A. The Office of Risk Management and Safety shall determine and recommend the appropriate retention levels and amount of reserves to be established; B. The Office of Risk Management and Safety shall negotiate with insurance representatives or related professionals for all types of insurance - related services; C. The Office of Risk Management and Safety shall coordi- nate the purchase of and any bidding process for all insurance policies, funded self - insurance programs, and related services, and shall administer the same on behalf of the City; D. The Office of Risk Management and Safety shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as are required by Council; E. The Office of Risk Management and Safety shall write interdepartmental rules to ensure that City departments provide the Office with all information necessary to effectuate the insurance/ self- insurance function. 2.68.050 - Claims Management - Workers Compensation Claims. The Office of Risk Management and Safety shall be responsible for the direction and monitoring of all self- insured workers compensa- tion claims. A. Each employee who incurs a work - related injury or illness shall immediately complete the appropriate form when the work - related injury or illness occurs and promptly forward the same to the designated supervisor, who is responsible for the completion of the employer section and immediate forwarding to the Office of Risk Management and Safety. B. The Office of Risk Management and Safety shall coordinate activity on each claim with the City's claims administrator, which shall be a certified workers compensation claims administrator as required by law. Such activity may include time loss, medical verification and instruction involving progress of the claim. C. The Office of Risk Management and Safety shall retain such outside experts as necessary for the resolution of workers compensation claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. D. The City Attorney's Office shall either elect to represent the City in hearings and /or trials involving workers compensation claims, or shall appoint outside counsel when appro- priate. E. The Office of Risk Management and Safety may write interdepartmental rules detailing procedures to be followed by all departments to ensure equitable workers compensation claims resolution and compliance with legal requirements and regulations from the Washington State Department of Labor and Industries. 2.68.060 - Claims Management - Nonlitigation Claims. The Office of Risk Management and Safety or designee, in connection with the City Attorney's Office, shall be responsible for developing and implementing the City's position on the resolution of all nonlitigation claims by or against the City. A. The City Clerk shall forward to the Office of Risk Management and Safety all nonlitigation claims naming the City and /or its officers or employees, which claim(s) allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. B. All City departments, divisions and other City agencies shall report immediately to the Office of Risk Management and Safety the occurrence of any accident or incident which may give rise to a claim by or against the City to ensure prompt investigation of the incident. C. The Office of Risk Management and Safety shall transmit copies of the nonlitigation claim or potential claim to the affected department and /or individual, and, where appropriate, to the insurance representative. D. All claims investigations, including investigation by the Office of Risk Management and Safety, shall be conducted and /or coordinated as the agent and at the direction of the City Attorney's Office or other legal counsel representing the City, and protected by the attorney- client privilege and attorney work product rule. In performing and /or coordinating such investiga- - 5 - 1 tion, the Office of Risk Management and Safety may employ the services of claims specialists. E. The Office of Risk Management and Safety shall retain such outside experts as necessary for the resolution of nonlitiga- tion claims. These may include, but are not limited to, doctors, rehabilitation specialists and investigators. F. The Office of Risk Management and Safety shall have authority to negotiate the settlement of any nonlitigation claim in an amount not exceeding $5,000, provided that a thorough investiga- tion and written report establishes that payment of such amount is justified, and provided further that any relevant legal issues have been reviewed by the City Attorney's Office. All other nonlitiga- tion claims shall be settled only after authorization by the City Council after considering the report and recommendation of the Office of Risk Management and Safety and City Attorney's Office. G. The Office of Risk Management and Safety shall maintain complete histories of all nonlitigation claims and the investigation and resolution thereof sufficient to document at least a five -year claims history. H. The Office of Risk Management and Safety may write interdepartmental rules detailing the procedures to be followed by all departments to ensure efficient accomplishment of the nonliti- gation claims management function. 2.68.070 - Claims Management - Litigation Claims. A. Service of process in accordance with RCW 4.28.080(2) upon the Mayor, City Manager, or the Mayor's or City Manager's designated agent, or the City Clerk, shall constitute service on the City. No other City official or employee may accept service of a summons and /or complaint unless such official or employee is specifically named in the lawsuit, in which event such City official or employee shall immediately deliver a copy of such process to the City Clerk. B. Upon accepting service of summons and /or complaint, those persons identified in subsection A above shall deliver the same to the City Clerk, who shall make appropriate copies for distribution and shall deliver the original document to the City Attorney's Office and the additional copies to the Office of Risk Management and Safety. C. The Office of Risk Management and Safety shall transmit copies of the lawsuit to the affected department and /or individual and, where appropriate, to the insurance representative. The Office of Risk Management and Safety shall advise the City Attorney's Office, in writing, of the applicability of insurance coverage to the lawsuit. D. The Office of Risk Management and Safety shall, at the direction of the City Attorney's Office or other legal Counsel representing the City, conduct and /or coordinate the investigation of all litigation involving the City and /or its officials /employees in their official capacities unless the City's insurance provides otherwise. All such investigations shall be conducted as the agent and at the direction of the City Attorney's Office and shall be protected by the attorney - client privilege and attorney work product rule. The Office of Risk Management and Safety may employ, at the direction of the City Attorney's Office, the services of claims specialists, whose investigations shall also be protected by the attorney- client privilege and attorney work product rule. E. The City Attorney's Office shall retain such outside experts as necessary for the resolution of litigation claims that are not covered by insurance. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators, except for small claims court litigation, which generally shall be handled by the Office of Risk Management and Safety. The City Attorney's Office may elect to represent the City in hearings and /or trials involving such litigation claims or shall appoint outside counsel when appropriate and after coordinating with the Office of Risk Management and Safety or applicable insurer. F. Upon completion of the investigation, or at any time requested by the City Attorney's Office, the Office of Risk Management and Safety shall give the investigative file to the City Attorney's Office or other legal counsel representing the City. Upon request of the City Attorney's Office, the Office of Risk Management and Safety shall conduct and /or coordinate additional investigation of the lawsuit. G. The Office of Risk Management and Safety, upon the recommendation of the City Attorney's Office, shall have authority to approve the settlement of any litigation claim in an amount not exceeding $5,000, provided that a thorough investigation and written report establishes that payment of such amount is justi- fied. All other litigation claims not covered by insurance shall be settled only after authorization by the City's insurance representative and by the City Council after considering the report and recommendation of the City Attorney's Office. H. The City Attorney's Office shall maintain complete histories of all lawsuits sufficient to document at least a five - year history of same. I. Except as specifically directed by the Office of Risk Management and Safety or City Attorney's Office, no City depart- ment, division or other City agency, and no City official or employee, acting individually or collectively, may engage in the following acts: 1. Negotiate or otherwise effect the settlement of a claim or lawsuit involving the City; 2. Discuss with persons other than the Office of Risk Management and Safety, City Attorney's Office, persons authorized by the Office of Risk Management and Safety or City Attorney's Office, or his /her supervisor, incidents which could reasonably lead to a claim or lawsuit against the City; provided, however, that the employee may discuss the incident with other persons after informing the City Attorney's Office; and, 3. Give written or verbal statements describing an accident or incident of his or her involvement to anyone other than an investigating law enforcement officer who properly identifies himself as such until after the employee or official has notified the City Attorney's Office or Office of Risk Management and Safety that such a statement has been requested. 2.68.080 - Recovery of Losses. A. Action for Recovery. Legal action by the City for recovery of losses shall be initiated only after authorization by the City Council. The Office of Risk Management and Safety shall be responsible for bringing all small claims court actions, and the City Attorney's Office shall be responsible for bringing all other actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries. In addition, the City Attorney's Office may join the City as a party with any third party in a lawsuit involving recovery of loss to the City. The City Attorney's Office and Office of Risk Management and Safety may write interdepartmental rules detailing the procedures to be followed in the execution of this function. B. Allocation of Recoveries. Any monies recovered (ex- cluding costs of recovery) by the Office of Risk Management and Safety or City Attorney's Office on account of losses to the City shall be paid to the budget unit or department which has expended funds and /or materials as a result of the loss. Any monies in excess of those so expended shall be transferred to the self - insurance fund. Section 2 - Severability. If any provision of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the5th day of January, 1993. ATTEST: 6.:(44 Becky J. APPROV., AS TO FORM: it , C' y Clerk Craig D . Knutson, City Attorney PUBLISHED: January 10, 1993 (By Summary) 9225 Rev. 11/19/92 Summaries of Ordinances Adopted by the Port Angeles City Council on January 5. 1993 Ordinance No. 2733 This Ordinance of the City of Port Angeles amends the solid waste rates by establishing corrected rates for the collection of refuse in non - City -owned containers, amends Ordinance No. 2317, as amended, and Chapter 13.54 of the Port Angeles Municipal Code. The rates are effective as of January 1, 1993. Ordinance No. 2734 This Ordinance of the City of Port Angeles establishes regulations pertaining to clearing, grading, filling, and drainage in the City of Port Angeles and creates Chapter 15.28 of the Port Angeles Municipal Code. Ordinance No. 2735 This Ordinance of the City of Port Angeles amends the Parking Ordinance to reflect changes in State law and holiday parking enforcement dates and to increase parking fines, amends Ordinance 2451 and Chapter 10.20 of the Port Angeles Municipal Code, and repeals Ordinance 2728. Ordinance No. 2736 This Ordinance of the City of Port Angeles establishes a risk management and safety program, specifies policies and procedures therefor, and creates a new Chapter 2.68 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days after the date of publication of these summaries. Publish: January 10. 1993 Becky J. Upton City Clerk