[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 2-26-1980 by L.L. No. 6-1980 (Ch. 105, Art. I, of
the 1985 Code)]
A.
Chapter 684 of the Laws of 1979 of the State of New York added a
new § 6-n to the General Municipal Law of this state authorizing
the establishment by the County of liability and casualty reserve
funds.
B.
Said section authorizes the payment of claims out of said fund by
the persons authorized to settle or compromise claims by the County.
C.
The County Legislature wishes to establish a procedure whereby such
claims are to be settled.
[Amended 4-9-2019 by L.L.
No. 18-2019]
A.
The County hereby establishes a reserve fund known as the "Insurance
Reserve Fund," which shall consist of such moneys as are included
in the adopted budget.
B.
The amount paid into such fund during any fiscal year shall not exceed
the greater of $33,000 or 5% of the total budget for such fiscal year.
The County Legislature may, by resolution, designate a County
independent claims management agent. The County Executive is authorized
to enter into a contract with such claims management agent relating
to the settlement of liability and casualty claims against the County.
Subject to and in accordance with the provisions of § 6-n
of the General Municipal Law of the State of New York, the Insurance
Manager of Suffolk County is hereby authorized to make settlement
of such claims on the following basis:
A.
Payment of a sum not to exceed $10,000 in settlement of such a claim
with the advice of the County's agent and the approval of the
County's Insurance Manager or his designee.
B.
Payment of a sum not to exceed $25,000 in settlement of such claim
with the advice of the County's agent and the approval of both
the County's Insurance Manager or his designee and the County
Attorney or his designee.
C.
Payment of a sum in excess of $25,000 in settlement of such claim
with the approval of the County Attorney or his designee and the Insurance
Committee of the Suffolk County Legislature.
[Amended 4-9-2019 by L.L.
No. 18-2019]
Nothing herein contained shall prohibit the payment of any judgment
against the County by the general funds of the County without resort
to the Insurance Reserve Fund.
[Adopted 6-20-1989 by L.L. No. 20-1989 (Ch. 105, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that numerous cases
are settled by the County of Suffolk in which plaintiffs are awarded
damages and compensation for injuries or property damage resulting
from actions by County employees during the course of the performance
of their duties and functions as County employees.
B.
This Legislature further finds and determines that the factual circumstances
justifying settlements of these cases must be discussed within executive
session conducted by the Ways and Means Committee of the County Legislature
prior to the approval of such settlements because of the need to protect
the County against further liability that may arise out of public
disclosure of such facts.
C.
This Legislature hereby finds and determines that remedial action
to protect against reoccurrence of the facts and circumstances that
gave rise to the liability in the first instance is not necessarily
taken by County department heads to correct those practices or activities.
D.
Therefore, the purpose of this article is to establish a formal procedure
and program to ensure that actions will be taken by pertinent County
departments and agencies to correct or remedy policies or actions
that have given rise to County liability in lawsuits that have been
settled by the County of Suffolk so as to ensure prevention of any
repetition of such liability, while protecting the County from the
potential adverse impact of pending and future litigation.
A.
The Suffolk County Insurance and Risk Management Unit, in conjunction
with the Office of Personnel and Labor Relations, shall issue a written
report to the County Attorney on July 1 and December 31 of each year,
outlining actions which have been taken by departments, divisions,
bureaus, agencies, commissions or other entities of County government
to correct, remedy or mitigate facts, procedures, policies or programs
that have given rise to actual damages paid by the County of Suffolk
through lawsuits that are approved for settlement through executive
session conducted by the Ways and Means Committee, or any successor
committee thereto, of the Suffolk County Legislature.
B.
Such reports shall include those actions which have been accomplished
by administrative fiat, personnel decisions, executive order or administrative
action. Said reports shall also list those actions which still require
legislative authorization or approval for implementation.
C.
Such reports shall conceal the identity of any individuals, including
County employees, who may have been involved in the incidents giving
rise to the underlying liability so as to protect the privacy rights
of such individuals. Such reports shall specify those facts that must
be kept confidential by members of the legislative committee because
of any potential adverse impact on other ongoing or pending litigation
involving the County of Suffolk.
D.
All County departments, agencies, divisions, bureaus and other entities
shall cooperate with the Suffolk County Insurance and Risk Management
Unit and Office of Personnel and Labor Relations in developing these
semiannual reports by forwarding such information as shall be requested
by the Suffolk County Insurance and Risk Management Unit.
E.
The County Attorney shall provide copies of these reports to the Chairman and each member of the Ways and Means Committee, or any successor committee thereto, of the Suffolk County Legislature, during executive session only of that committee held in January and July of each year, consistent with the interests of the County as described in Subsection C of this section.
