(a) The Risk Manager shall have the power to shut down any County operation or facility which represents an imminent hazard to County employees or to the public.
(b) The Risk Manager or his or her designee is authorized to allow, deny, compromise or settle any tort liability claim or action that is filed against the County of San Bernardino, its officers or employees provided that as to payment:
(1) The amount to be paid pursuant to such allowance, compromise or settlement does not exceed $50,000.00; provided further, that if the matter is in litigation, the allowance, compromise or settlement is with the concurrence of the County Counsel or other attorney retained by the County of San Bernardino. If the amount to be paid exceeds $50,000.00, the allowance, compromise or settlement must be approved by the Board of Supervisors;
(2) The claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise or settle claims or actions within the scope of such policy.
(c) The Risk Manager or his or her designee is authorized to allow, deny, compromise or settle a Workers’ Compensation claim or case that is filed against the County of San Bernardino provided:
(1) The claim or action is for benefits as defined under the Workers’ Compensation Laws of the State of California;
(2) The claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise or settle claims or actions within the scope of such policy;
(3) That any such compromise or settlement is approved by the Workers’ Compensation Appeals Board (WCAB);
(4) Except as hereinafter provided, the amount to be paid pursuant to such compromise or settlement does not exceed $50,000.00; provided further, that if the matter is in litigation, the compromise or settlement is with the concurrence of County Counsel or the attorney retained to represent the County of San Bernardino. If the amount to be paid exceeds $50,000.00, the compromise or settlement must be approved by the Board of Supervisors, unless the amount of compromise or settlement is to meet State-mandated payments or benefits under the Workers’ Compensation Laws of the State of California such as WCAB-approved lump sum payments for permanent disability, life pension, burial expense and/or death benefits or unless the Workers’ Compensation Appeals Board enters an award or other judgment or order.
(d) In all claims or actions that are allowed, compromised or settled, the Auditor-Controller shall, upon written order of the Risk Manager or his or her designee, and in accordance with the terms of such allowance, compromise or settlement, cause the necessary warrant to be issued upon the Treasury of the County of San Bernardino in an amount for which such tort liability or Workers’ Compensation claim or action has been allowed, compromised or settled pursuant to this Section.
(Ord. 2734, passed - -1983; Am. Ord. 2967, passed - -1985; Am. Ord. 3397, passed - -1990; Am. Ord. 3942, passed - -2004; Am. Ord. 4368, passed - -2019)