§ 2-2-204. Delegated authority.

(a)

The county is authorized to resolve claim(s) against it and others covered by this self-insurance program pursuant to the authority and terms of Section 768.28, Florida Statutes.

(b)

Except as provided in section 2-2-35 of this Code relative to the settlement authority of the county attorney, the board shall have the sole authority to accept or reject settlements as recommended by the county attorney, on behalf of all persons or entities insured by this article.

(c)

Units of county government and elected officials covered hereunder shall forward potential claims they may receive to the risk manager as expeditiously as possible. The risk manager, or his or her designee shall fully investigate all claims against the county, the elected officials or employees.

(d)

The risk manager shall follow established insurance industry standards in adjusting claims, and shall seek the advice of the county attorney on current state and federal law decisions which may affect such adjudications. The risk manager, with approval of the county attorney, may further delegate settlement authority to claims adjusters employed by the county or to entities under contract to the county.

(e)

The county attorney is hereby delegated full, complete and exclusive authority to provide, through the county attorney's office or outside counsel, all legal representation of the county, elected officials or employees, in all court or administrative proceedings, and appeals, mediations or negotiations related thereto concerning claims covered or that may be covered under this article. The county administrator and all persons under his or her authority shall cooperate with counsel in the defense or prosecution of such claims. Each elected official and all persons under his or her authority shall cooperate with counsel in the defense or prosecution of such claims. All metropolitan planning organization employees shall likewise cooperate with counsel in the defense or prosecution of such claims.

(f)

Authority to compromise and settle subrogation and collateral source claims is hereby delegated to the county attorney. The same authority is also delegated to the employee health benefits plan administrator for payments made by that plan.

(g)

The risk manager, from time to time, and with the approval of the county attorney, may delegate the authority to settle minor claims for property damage only to one or more county department directors or his/her designee. The limit of such authorization shall be set forth in writing to the director, and also should be approved by the county attorney.

(h)

The board retains sole authority to agree to binding arbitration.

(i)

In any case in which it appears that exposure to liability may exceed the statutory tort limits or the self-insured retention limits of commercial excess insurance policies, the county attorney shall ensure that timely notice is given to any applicable excess insurance carrier and shall coordinate any litigation and negotiations for settlements or mediations with the excess insurance carrier.

(j)

The county attorney is hereby delegated authority without additional express authorization from the board of county commissioners, to:

(1)

File appropriate answers, lawsuits, appeals, actions, counterclaims, motions, cross claims, and affirmative defenses and take all actions necessary to protect and represent the county's interest in lawsuits filed against the county or elected officials;

(2)

Assert subrogation rights against third parties;

(3)

Assert restitution claims against criminal defendants;

(4)

Determine if an employee is covered or not by the self-insurance fund as to a particular claim, and if the employee is covered, to represent the employee and recommend to the board of county commissioners that the fund pay judgments, settlements, costs or fees, as provided by Sections 111.07 and 111.071, Florida Statutes; or if the employee is not covered, inform the employee, in writing, of the reasons for the determination and deny the claim; provided, that if coverage cannot be determined initially, the county attorney may recommend to the board of county commissioners that it authorize representation of the employee subject to reimbursement requirements as provided in Sections 111.07 and 111.071, Florida Statutes.

(5)

File answers, affirmative defenses, cross-claims and counterclaims in any actions in which the county is a named party or has an interest; and

(6)

Refer claims to commercial collection agencies.

(k)

The county attorney shall advise the board, in writing, as soon as practicable, of all significant actions undertaken under the above authorization.

(l)

If, in the discretion of the county attorney, filing deadlines or other circumstances make prior board approval impossible, he or she may file cross-claims, counterclaims, impleaders, third-party complaints, notices of appeal, petitions for certiorari or other extraordinary remedies and otherwise act as he or she deems necessary to protect the interest of the board and the county, subject to board ratification at the earliest practicable time.

(m)

The county attorney shall safeguard claims and litigation files maintained by the RMD and the county attorney's office and discussions of evaluation of such files, which are privileged, confidential and exempt from disclosure under applicable provisions of law, including Sections 286.011(8) and 768.28(16)(b), Florida Statutes.

(Ord. No. 16-26 , § 2, 10-25-16)