(a) Pursuant to County Code § 11.0306, the Board of Supervisors hereby delegates to County Counsel the authority to compromise or settle any threatened or pending action against the County of San Bernardino, or its officers or employees provided:
(1) The amount to be paid pursuant to such compromise or settlement does not exceed $50,000.00; provided further that if the matter is subject to litigation, whether in a court of law or administrative proceeding, the compromise or settlement is with the concurrence of any County Department or Special District involved in the action and with the concurrence of any outside counsel retained to represent the County of San Bernardino, its officers or employees. If the amount to be paid exceeds $50,000.00, the compromise or settlement must be approved by the Board of Supervisors.
(2) The action is not subject to the terms of an insurance policy wherein the insurer is granted authority to allow, deny, compromise or settle the action within the scope of such policy.
(3) The action is not one which the Risk Management Department is actively handling pursuant to County Code § 12.3405.
(4) The action does not involve an employee or former employee’s claim that alleges, solely, entitlement to back-pay.
(b) In all actions that are compromised or settled, the Auditor-Controller shall, upon written order of the County Counsel or his or her designee, and in accordance with the terms of such compromise or settlement, cause the necessary warrant to be issued upon the Treasury of the County of San Bernardino in the amount for which action has been compromised or settled pursuant to this Section.
(Ord. 3995, passed - -2006)