§ 2-2-203. County attorney's office/risk management division.

(a)

There is hereby established, within the county attorney's office, a risk management division (RMD).

(b)

The county attorney shall oversee the functions of the RMD. The county attorney will appoint one employee of the county attorney's office to serve as the risk manager. The risk manager shall consult with the county attorney and/or county administrator on matters concerning self-insurance coverage, risk management, and potential liability, and shall also oversee the activities of outside law firms litigating workers' compensation or other claims, and approve their billings before payment.

(c)

The risk manager shall serve at the pleasure of the county attorney, and, under the direction of the county attorney, shall supervise the investigating, adjusting, and processing of all claims, for and against the county or persons covered under this article, and shall perform such other duties as the county attorney assigns.

(d)

The county attorney shall employ sufficient qualified licensed claims adjusters and other support personnel to ensure claims are investigated and adjudicated quickly and effectively.

(e)

The risk manager or his or her designee is hereby authorized to conduct inspections within any part of any building or on any real property owned, maintained or operated by the county, or covered for insurance purposes under this article, whether used or occupied by a unit of county government or an elected official. Except in an emergency, as determined by the risk manager, such inspections shall be coordinated with the appropriate unit of county government or elected official. If a condition, situation or work procedure is identified which violates state or federal safety and health standards or poses a threat to the health or safety of the public or employees, such condition shall be reported immediately and directly to the county attorney and the county administrator and, if applicable, to the elected official utilizing that property.

(f)

The risk manager or his or her designee is hereby delegated authority from the board of county commissioners to order county employees to immediately cease and desist activities which violate state or federal safety or health standards or pose an immediate threat to the health or safety of the public or employees. The risk manager shall request the elected official(s) to order their employees to do the same if circumstances so warrant. The risk manager shall take immediate action to help the affected department or elected official to rectify the threat.

(g)

The risk manager or his or her designee is hereby authorized to coordinate inspection and training activities with county personnel and with risk management personnel of the municipalities, special districts, the school board, other counties, and elected officials within the county.

(h)

The risk manager or his or her designee shall coordinate inspections and training activities with appropriate state and federal agencies.

(i)

Notwithstanding the procedures otherwise required by the Manatee County Procurement Code, the risk manager, through the county attorney, is authorized to expend funds appropriated to the self-insurance fund to obtain, with or without bids or specific prior board approval, goods and services which may be required to implement the self-insurance program, including, but not limited to:

(1)

Workers' compensation and case management services;

(2)

Workers' compensation medical and health care services, supplies, prosthetics and prescriptions required under Chapter 440, Florida Statutes, or ordered by a judge of compensation claims;

(3)

Bill review services;

(4)

Exposure control evaluation, testing, treatment, counseling and follow-up services;

(5)

Expert witness, outside counsel, and advisor services;

(6)

Private investigation services;

(7)

Process server services;

(8)

Court reporter services;

(9)

Collection services;

(10)

Duplication, video audio and photographic development goods and services;

(11)

Safety training materials and publications;

(12)

Driver's license verification services; and

(13)

Purchase of property and liability insurance coverage.

(j)

The risk manager, through the county attorney, shall recommend to the board of county commissioners which third-party administrator and managed care contractors shall be engaged to provide services under this article.

(k)

The county attorney is hereby authorized to defend or represent the self-insurance fund, the county or any person entitled to legal representation under this article.

(l)

The risk manager shall issue letters certifying self-insurance coverages, in lieu of certificates of insurance, to elected officials of county government, and any other persons or entities with which the county conducts business who may require such evidence, if requested to do so and if appropriate under the circumstances.

(m)

The county attorney shall annually report to the board of county commissioners on the activities of the RMD.

(Ord. No. 16-26 , § 2, 10-25-16)