HomeMy WebLinkAbout5075
ORDINANCE NO. 50"1 5
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapters 2.06, 2.09, 2.90, and
2.92 of the Bremerton Municipal Code all relating to the Office of
Risk Management and Safety and its administration and operation.
WHEREAS, the City Council desires to transfer the Office of Risk Management
and Safety from the Department of Financial Services to the City Attorney's Office and to
amend certain code provisions relating to the administration and operation of said office; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.06.010 ofthe Bremerton Municipal Code entitled
"Department Created" relating to the Office of the City Attorney is hereby amended to read as
follows:
2.06.010 DEPARTMENT CREATED.
There is hereby created the Office of the City Attorney which shall serve as the Legal
Department for the city pursuant to the laws of the State of Washington and the Charter of the
City of Bremerton for the purpose of representing the city in all legal matters involving the city.
The office shall be managed by the City Attorney who shall serve as its director, and who shall
be responsible for hiring and supervising employees of the office. The City Attorney shall
oversee the civil and prosecution divisions of the office and the Office of Risk Management
established pursuant to Chapter 2.92 BMC.
SECTION 2. Section 2.06.030 of the BremertonMunicipal Code entitled
"Duties" relating to the Office ofthe City Attorney is hereby amended to read as follows:
2.06.030 DUTIES.
To accomplish the directives of the City Charter and requirements of state law, the
function of the Office of the City Attorney shall include, but not be limited to:
(a) Advise the Mayor, boards, commissions, department heads, Council and its
committees, and other City officials and officers, including the rendering of formal legal
opinions when so requested or when it appears to the attorney advisable to do so.
(b) Attend all regular and special meetings of the Council, unless excused by the
President of the Council.
(c) Prepare, draft, approve as to form, or supervise the preparation of ordinances,
resolutions, leases deeds, contracts and/or agreements, and such other and similar instruments as
may be required by the business ofthe City.
(d) Represent the City in criminal prosecutions in Municipal Court and appellate
courts.
I
Risk Management
(e) Represent the City in all litigation and administrative proceedings in which the
City is involved either as a plaintiff or defendant, or recommend the appointment of special
counsel therein. '
(f) Attend meetings ofthe Civil Service Commission, pension boards, and other
commissions, boards, or committees required by law, or as directed by the Council, or requested
by the chair of such board or commission.
(g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion
on the validity of the bonds in any case where special bond counsel has been retained by the City
or by any prospective bond buyer.
(h) On request of the Mayor or Council participate in intergovernmental relations
affecting the City.
(i) Keep litigation files and records, and copies of all other official written
communications, and deliver same to successors of the Office of the City Attorney.
G) Direct or participate in proceedings for the vacation of streets, condemnation of
land, land acquisition, sale of surplus properties, and related legal transactions.
(k) Prepare and administer the budget for the Office of the City Attorney.
(1) Serve as advisor and/or participant in labor negotiations and approve labor
contracts as to form.
(m) Coordinate and assist in obtaining information and legal opinion from Municipal
Research as requested by the Mayor, Council President, or Chair of the Audit Committee.
(n) Prepare and/or approve ballot measures and levies.
(0) Interpret substance, form, and applicability of the City Charter and ensure
consistency of all ordinances, resolutions, and administrative rules therewith.
(p) Manage the Office of Risk Management.
SECTION 3. Section 2.09.010 ofthe Bremerton Municipal Code entitled
"Department Created" relating to the Department of Financial Services is hereby amended to
read as follows:
2.09.010 DEPARTMENT CREATED.
There is hereby created the Department of Financial Services.
(a) Divisions. The Department of Financial Services shall consist of the following
divisions, as well as any other divisions established by the City Council:
(1) Finance;
(2) Office of the City Clerk;
(3) Human Resources; and
(4) Office of Risk Management and Safety; and
(5) Bremerton Kitsap Access Television (BKAT).
(b) Duties. The Director of Financial Services shall be in charge of the Department of
Financial Services and all divisions established thereunder. The duties enumerated in each
division as set forth in this chapter may be reassigned within the Department of Financial
Services at the discretion of the Director of Financial Services for the purpose of achieving work
efficiencies. The Director of Financial Services is also responsible for the management of the
Conference Center operating fund.
2
Risk Management
SECTION 4. Section 2.09.020 of the Bremerton Municipal Code entitled
"Director of Financial Services and Division Managers - Positions Created and Appointment"
relating to the Department of Financial Services is hereby amended to read as follows:
2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION
MANAGERS - POSITIONS CREATED AND APPOINTMENT.
(a) Department Director - Appointment. There is hereby created the position of
Director of Financial Services who shall be in charge of the Department of Financial Services
and all divisions established thereunder. The Director of Financial Services shall have complete
charge of all of the work of the Department and shall be responsible for hiring and supervising
employees of the Department. The Director of Financial Services shall be appointed by the
Mayor, subject to confirmation by the City Council, on the basis of professional experience,
education and demonstrated knowledge of accepted practices relating to the duties of the
Department. All appointees to the position of Director of Financial Services are terminable at
will by the Mayor as set forth in Chapter 2.05 BMC.
(b) Division Managers - Appointment. There are hereby created the positions of
Finance Officer, Human Resources Manager, City Clerk, Risk Manager, and Public Access
Manager as managers for their respective divisions. The managers (hereinafter "managers" or
"division managers") shall manage the operations oftheir respective divisions and shall report
directly to the Director of Financial Services. The division managers shall be appointed by and
shall serve at the pleasure of the Director of Financial Services, subject to the approval of the
Mayor, on the basis of professional experience, education and demonstrated knowledge of
accepted practices relating to the duties of the division. All appointees to the division manager
positions shall serve as "at will" employees subject to termination by the Director of Financial
Services without cause at any time with no notice or hearing unless otherwise provided pursuant
to an applicable rule or regulation, the City Charter, ordinance, or terms and conditions as
approved by the City Council.
SECTION 5. Section 2.09.070 of the Bremerton Municipal Code entitled
"Office of Risk Management and Safety" relating to the Department of Financial Services is
hereby repealed in its entirety as follows:
2.09.070 OFFICE OF RISK M~A,.N~A,.CEMENT ~A~D SAFETY.
The division shall be managed by the Risk Manager. It shall be the duty of the Risk
Manager to carry out the provisions of Chapter 2.92 BMC. The Risk Manager shall perform
such other duties as the Mayor and the Director of Financiul Service may direct or as may be
required by law.
SECTION 6. Section 2.90.200 of the Bremerton Municipal Code entitled
"Duties of City Officials, Board Members, Commissioners or Employees" is hereby amended to
read as follows:
2.90.200 DUTIES OF CITY OFFICIALS, BOARD MEMBERS,
COMMISSIONERS OR EMPLOYEES.
All City officials, board members, commissioners or employees named as parties to a
claim or defendants in such a lawsuit shall cooperate to the fullest extent with the City Attorney,
3
Risk Management
Risk Manager Management Specialist and other authorized representatives. This shall include,
but is not limited to, providing requested information, statements, testimony, exhibits and
documents. Failure to fully cooperate shall result in City's withdrawal of defense and shall
absolve City of all responsibility for payment of judgments and settlements.
SECTION 7. Chapter 2.92 of the Bremerton Municipal Code entitled "Office of
Risk Management and Safety" is hereby amended to read as follows:
Chapter 2.92
OFFICE OF RISK MANAGEMENT A.ND SAFETY
2.92.010 CREATED.
(a) Office. There is created the Office of Risk Management and Safety within the
Department of Financial ServicesCity Attorney's Office. The supervisor of said office shall be
the Risk Manager,City Attorney. or designee.
(b) Position. The Office of Risk Management shall be administered by the Risk
Management Specialist. or other assigns. subiect to the direction and supervision of the City
Attorney. or designee. The Risk Management Specialist whe-shall report directly to the Director
of Financial ServicesCity Attorney. or designee. The duties of the Risk Management Specialist
may be assigned to one or more employees in the City Attorney's Office who shall hereinafter be
referred to in this chapter as "Risk Management Specialist".
(c) References in Code. All references in the Bremerton Municipal Code to the Risk
Manager shall mean the Risk Management Specialist.
2.92.020 FUNCTIONS.
The Office of Risk Management and Safety shall be responsible for:
(a) Loss reduction or prevention where such reduction or prevention is cost effective;
(b) Transfer of risks to other parties where feasible through the purchase of insurance,
and/or risk retention through a system of self-insurance and/or participation in programs
providing pooled coverage, in whatever combination is most responsible and cost effective;
(c) Coordination and handling of all claims, including workers' compensation claims;
(d) The maintenance Oversight and coordination with other City departments.
through the City's Safety and Health Committee. of an effective employee safety program within
the City; and
(e) Writing interdepartmental rules as he or she deems appropriate for the
implementation and administration of this chapter. .
2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION,
PREVENTION.
(a) The Risk ManagerRisk Management Specialist shall be responsible for risk.
identification, analysis and control and. Under ilie direction of the Risk Manager, the Safety
Officer shall oversee and assist the City's Safety and Health Committee with its development
and administer administration of the City's Safety Program and ensure compliance with the
program by making periodic inspections of City facilities, work sites, and office spaces in
regards to employee safety. The Risk Manager afld the Safety Officer ha~le full authority to
4
Risk Management
immediately stop any ongoing work when prescribed safety precautions are not being adhered to,
or if there are serious concerns for safety until the matter is satisfactorily resolved.
_(b) The Safety Officer is not required to be assigned to the Department of Financial
Services. He or she may be assigned to any other department within the City. The duties of
Safety Officer may also be assigned to one or more persons, but when functioning in that
capacity, the Safety Officer ,,'{ill serve under the direction of the Risk Manager.
_(c) The Safety Officer, through the Risk Manager, may make written
recommendations regarding employee safety to the appropriate Department Head. Should the
Department Head disagree '.vith the Safety Officer, a vmtten response shall be made to the
Director of Financial Services stating the reasons for the disagreement. The Mayor shall make
the final decision regarding implementation of any disputed recommendation.
(d~) The Safety OfficerRisk Management Specialist will oversee and assist the City's
Safety and Health Committee to ensuring properprovide safety training is pro'lided to all City
employees and for ensuringensure that required certifications for employees are kept current. He
or she shall also become actively involved in the ongoing training programs provided by Human
Resources and other departments and ensure that a portion of that training is on Safety
Awareness and Loss Prevention.
(eg) The Risk Manager and Safety OfficerManagement Specialist areis a permanent
members of the City's Safety and Health Committee and shall monitor oversee and work with
the Committee to ensure compliance with all applicable WISHA directives, provide input, and
offer advice and assistance in helping the Committee to achieve its stated goals. The Safety
OfficerRisk Management Specialist shall maintain the file of minutes of each Committee
meeting.
(f~ The City Attorney shall advise and recommend to all City Departments
appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions.
The Risk Manager Management Specialist shall review all proposed City contracts, permits and
leases to ensure that all contractual provisions relating to insurance, indemnity and hold harmless
provisions adequately protect the City.
2.92.040 INSURANCE/SELF -INSURANCE/POOLED COVERAGE
PROGRAMS.
The Risk Manager Management Specialist is responsible for the design, negotiation,
procurement and administration of all insured, self-insured and/or pooled property, casualty and
liability coverage programs:
_(a) The Risk Manager shall determine and recommend the appropriate retention
levels and amount of reserves to be established;
(b) The Risk Manager Management Specialist shallmay, with the approval of the City
Attorney, negotiate with insurance brokers for any type of insurance and may recommend that
the City engage the services of such brokers;
(c) The Risk Manager Management Specialist shall purchase, with the approval of
the Director of Financial ServicesCity Attorney and City Council, all insurance policies, funded
self-insurance programs, pooled coverage and related services, and shall administer the same.
The Risk Manager Management Specialist, with the approval of the City Attorney, is authorized
to bind property, casualty, and surety insurance coverage without prior approval by City Council
subject to budget authority. Within sixty (60) days of binding coverage, the Risk Manager
5
Risk Management
Management Specialist shall advise City Council that coverage was bound and seek City Council
approval for continuation of the bound coverage;
(d) The Risk Manager Management Specialist shall make an annual report to the City
Council regarding insurance coverage and the level of retained risk, and such other reports as
may be required by the Council.
2.92.050 CLAIMS MANAGEMENT - SELF -INSURED WORKERS'
COMPENSATION CLAIMS.
The Risk ManagerManagement Specialist, or designee, shall be responsible for the
direction and monitoring of all workers' compensation claims to a fair and equitable conclusion.
(a) Every employee shall immediately complete the appropriate report form when
work-related injury or illness occurs and promptly forward same to the designated supervisor,
who is responsible for immediately forwarding to the Risk Manager Management Specialist with
any pertinent comments. The Risk Manager Management Specialist shall complete the employer
section.
(b) The Risk Manager Management Specialist shall-may coordinate activity on the
claim v.ith the claim's administrator, ';{ho shall be a certified workers' compensation claims
administrator as required by law, including time loss, medical verification, and instruction
involving progress of the claim.
(c) The Risk Manager Management Specialist shall coordinate with the City Attorney
and the Human Resources Director for retaining such outside expertise as necessary for the
resolution of claims. These may include, but are not limited to, doctors, rehabilitation specialists,
and investigators. The City Attorney's Office may elect to represent the City in all hearings
and/or trials involving workers' compensation claims, or shall-appoint outside counsel-wheB:
appropriate.
(d) The Human Resources DirectorManager shall develop appropriate return-to-work
opportunities for injured employees and, when feasible, will coordinate the implementation of
specific retum-to-work plans with the department heads involved.
2.92.055 CLf..INIS IVIANACEl\fENT COMMITTEE.
To assist the Mayor, a Claims Management Committee comprised of the Mayor or
designee, City "^.Lttorney, Risk Manager, appropriate department head(s), and the City's
contracted claims adjuster may conyene as needed as determined by the City P.Lttomey. This
committee 'l.ill review large, litigated, or controversial liability and workers' compensation
claims against the City. The committee's reyiev. shall include:
(a) The possibilities for early settlement.
(b) Identification of defense and settlement strategies.
(c) Identification of defense counsel.
(d) Estimation of reserve level necessary for claims resolution.
(e) Discussion and clarification of loss control responsibilities and policies.
2.92.060 CLAIMS MANAGEMENT - NON:LITIGATION CLAIMS.
The Risk Manager Management Specialist or designee shall be responsible for the
successful conclusioninvestigation and evaluation of all non:litigation claims by or against the
City.
6
Risk Management
(a) The City Clerk is hereby designated to receive all claims. He/she shall forward to
the Risk Manager Management Specialist all non:litigation claims naming the City and/or its
officers or employees, which claims 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 Risk Manager Management Specialist 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 Risk Manager Management Specialist shall initiate and/or coordinate the
investigation of all non:litigation claims. The Risk Manager Management Specialist may
employ, subject to the Director of Financial Services' City Attorney's approval, the services of
claims specialists. All investigation of non:litigation claims and potential claims shall be
conducted as the agent ofthe City Attorney, and protected by the attorney-client privilege and
attorney work product rule. to the extent allowed by law.
(d) The City Attorney shall have the authority to negotiate and approve the settlement
of any non-litigation claim; provided. however. the settlement of any such claim in excess of
twenty-five thousand dollars ($25.000) shall require the approval of the Mayor and the
settlement of any litigation claim in excess of fifty thousand dollars ($50.000) shall be subiect to
the approval of the City Council. The Risk Manager shall have the authority to deny or negotiate
the settlement of any claim to an amount not to exceed fourteen thousand nine hundred ninety
nine dollars ($11,999) subject to the approval of the Director of Financial Services.
(e) For all nonlitigation claims of fifteen thousand dollars ($15,000) or more, the Risk
Manager shall proyide the Director of Financial Services with a recommendation that the
nonlitigation claim be accepted or denied and the reasons therefor.
Upon request of the Director of Financial Serviees, the Risk Manager shall coordinate
additional inyestigation of the claim. The Mayor shall have the authority to accept or deny the
claim; proyided, hovl6ver, that claim payments in excess offorty nine thousand nine hundred
ninety nine dollars ($19,999) shall be subject to approval by the City COl:1flciL
(~ The Risk Manager Management Specialist shall maintain complete histories of all
nonlitigation claims reported to the Office of Risk Management and Safety, and investigation
thereof sufficient to document at least a five (5)seven (7) year claims history or such other period
of time deemed necessary for purposes of reporting claims history to insurance companies.
2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS.
(a) Service of process on the Mayor, Mayor's designee or 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.
(b) The Mayor, Mayor's designee or City Clerk or defendant employee, upon
accepting service of the summons and/or complaint, shall deliver copies to the Risk Manager .and
City Attorney.
(c) The Risk Manager Management Specialist shall transmit copies of the lawsuit to
the affected department and/or individual and, where appropriate, to the insurance company,
pool or representative. The Risk Manager shall advise the City }..ttOfIleY of the insured status of
the lawsuit.
(d) The Risk Manager Management Specialist shall initiate and/or coordinate the
investigation of all lawsuits which may be insured against involving the City and/or its
officials/employees. The Risk Manager Management Specialist may employ, subject to City
7
Risk Management
Attorney's approval, the services of claims specialists. All investigation of lawsuits shall be
conducted as the agent of the City Attorney, and protected by the attorney-client privilege and
attorney work product rule, to the extent allowed by law.
(e) The City Attorney shall have the authority to negotiate and approve the settlement
of any litigation claim: provided, however, the settlement of any such claim in excess oftwenty-
five thousand dollars ($25,000) shall require the approval of the Mayor and the settlement of any
litigation claim in excess of fifty thousand dollars ($50,000) shall be subiect to the approval of
the City Council. .Upon completion of the inyestigation, or at any time requested by the City
f...ttorney, the Risk Manager ,shall forward the investigative file to the City Attorney. Upon
request of the City Attorney, the Risk Manager shall coordinate additional investigation of the
la'.vsuit.
(f) The City Attorney shall have the authority to authorize settlements up to fourteen
thousand nine hundred ninety nine dollars ($11,999).
(g) For all litigated claims of fifteen thousand dollars ($15,000) or more, the City
,^...ttorney shall provide the Mayor vlith a recommendation that the litigated claim by accepted or
denied and the reasons therefor.
The Mayor shall ha'/e the authority to accept or deny the elaim; provided, however, that
settlement payments in excess of forty nine thousand nine hun<ked ninety nine dollars ($19,999)
shall be subject to approval by the City Council.
(hf) The City Attorney shall maintain complete histories of all lawsuits sufficient to
document at least a fWe-seven (~1.) year claims history of same or such other period oftime
deemed necessary for purposes of reporting claims history to insurance companies.
2.92.0+S080 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING.
(a) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no
City department, division, or other City agency, and no City official or employee, other than the
City Attorney ot Risk Management Specialist, 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 Risk ManagerManagement Specialist,
Director of Financial Services, Mayor, City Attorney, or persons authoriz~d by the Risk
ManagerManagement Specialist, Mayor or City Attorney, incidents which could reasonably lead
to a claim or lawsuit against the City; provided, however, that the employee may discuss the
incident with his/her supervisor.
(b) Prior to any formal settlement offer, the Risk Manager Management Specialist
shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City.
The Risk Manager Management Specialist shall seek approval of its insurers, in conformance
with the provisions of any insurance policies applicable to the claim or lawsuit. In the event the
insurer does not provide necessary settlement approval, no settlement shall be made without the
Mayor's written approval and acknowledgment that the City's insurers have withheld approval.
(c) The Risk Manager Management Specialist shall annually report to the council the
total number and amount of all claims filed against the City and the number and amounts of all
claims or lawsuits paid by the City during the preceding calendar year.
8
Risk Management
2.92.O8()090 RECOVERY OF LOSSES.
(a) Action for Recovery. The Risk Manager and City Attorney shall be responsible
for bringing all 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 to City officers or employees. In addition, the City Attorney
may join the City as a party with any third party in a lawsuit involving recovery ofloss to the
City.
(b) Allocation of Recoveries. Any moneys recovered (excluding costs of recovery) by
the Risk Manager or City Attorney 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
moneys in excess of those so expended shall be transferred to the risk management fund.
SECTION 8. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 9. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the J.f;tJU
day of \JJ..LI~114.A ~ ,2009
1. 1
~'- .( ~~
CECIL McCO ELL, Council P esident
Approved this ~ day of
ATTEST:
APPROVED AS TO FORM:
ER A. LUBOVICH, City Attorney
PUBLISlIEDthe 1fU;() day of ~~~
EFFECTIVE the d,D.:t:IU day of ~ t!
ORDINANCE NO. ..../f7) 7S
, 2009
, 2009
R:\Legal\Legal\Ordinances\Risk\Section 2.92 Risk Management2009.doc
9
Risk Management
AFFIDAVIT OF PUBLICATION
Account # 42742 Ad # 244509
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Laura Wessels, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:
February 10, 2009 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount of the fee charged for the foregoing publication is the sum of $39.86. The
amount has not been paid in full.
~R/~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of February 18, 2009
Co
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 5075
AN ORDINANCE of the City Council of the City ofBremerton, Washington, amending Chapters 2.06,
2.09,2.90 and 2.92 of the Bremerton Municipal Code all relating to the Office of Risk Management and
Safety and its administration and operation.
PASSED by the City Council the 4th day of February, 2009
The full text ofthis ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
February 10, 2009.....................AD #20082978