[HISTORY: Adopted by the City Council of the City of Vineland
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 110.
[Adopted 8-26-2014 by Ord. No. 2014-38]
Pursuant to the provisions of N.J.S.A. 40A:10-6 et seq., there
is hereby created the insurance fund of the City for the following
purposes:
A.
To insure against any loss or damage, however caused, to any property,
motor vehicles, equipment or apparatus owned by the City, or owned
by or under the control of any of its departments, boards, agencies
or commissions.
B.
To insure against liability resulting from the use or operation of
motor vehicles, equipment or apparatus owned by or controlled by the
City or owned by or under the control of any of its departments, boards,
agencies or commissions.
C.
To insure against liability for negligence of the City or its officers,
employees and servants, whether or not compensated or part-time, who
are authorized to perform any act or services, but not including an
independent contractor within the limitations of the New Jersey Tort
Claims Act (N.J.S.A. 59:1-1 et seq.).
The City Council shall annually appropriate the funds necessary
for the purposes of the insurance fund.
A.
Establishment; members. There is hereby established an Insurance
Fund Commission consisting of three members, who shall be the Business
Administrator, Director of the Municipal Utilities, the Director of
Finance and one member of City Council. The Risk Manager and City
Solicitor shall serve in an advisory capacity. The Business Administrator
shall be designated as the Chairperson of the Commission. The commissioners
shall serve for a period of two years or for the remainder of their
terms of office as officials, whichever is less, and until their successors
shall have been appointed and qualified. Vacancies caused by any reason
other than expiration of term as an official shall be filled for the
unexpired term. The commissioners shall serve without compensation.
B.
Organization. The commissioners shall, forthwith after their appointment,
organize for the ensuing year by election from their membership of
a Chairman, who shall serve for the year.
C.
Commission Secretary. There is hereby established the position of
Secretary to the Board of Insurance Commissioners, who shall be the
City Solicitor and shall serve at the pleasure of the Commission.
The Secretary shall have the obligation to take and maintain accurate
minutes of Commission meetings and to maintain accurate records of
each and every claim filed against the City, whether a general liability
claim or a workers' compensation claim. Vacancies in the position
of Secretary shall be filled in the manner of the original appointments.
The commissioners shall have the following powers and authority.
The commissioners shall:
A.
Prepare or cause to be prepared the proposed budget for the subsequent
fiscal year. The budget shall identify the proposed items and amounts
of expenditure and the status of the self insurance or loss retention
trust accounts maintained by the Fund. The budget shall be prepared
on a basis that does not recognize investment income or discounting
of claim reserves but recognizes all anticipated or forecasted losses
and administrative expenses associated with that fiscal year [N.J.A.C.
11:15-2.4(f)].
B.
Invest the fund and all additions and accretions thereto in such
securities as they shall deem best suited for the purposes of this
article.
C.
Adopt rules and regulations for the control and investment of the
fund.
D.
Keep on hand at all times sufficient money, or have the same invested
in such securities as can be immediately sold for cash, for the payment
of losses to any buildings or property of the City or liability resulting
from the operation of publicly owned motor vehicles, equipment or
apparatus.
E.
Delegate settlement authority up to $5,000 to the Risk Manager of
the City of Vineland as may be recommended by the designated third-party
administrator for the City's self-insurance program.
F.
Delegate settlement authority between $5,001 and $15,000 to the Chairman
of the Commission and Director of Finance.
G.
Approve settlements of claims against the City from $15,001 up to
and including the sum of $25,000.
H.
Recommend to the City Council for its approval all claims in excess
of $25,000.
I.
Place insurance upon property owned or controlled by the City or
any of its departments, boards, agencies, or commissioners.
J.
Review and recommend to the administration the Occupational Health
Provider for the City.
The form on file with the Municipal Clerk, as may be amended
from time to time, is hereby adopted as the Official Notice of Tort
Claim Form for the City of Vineland.
All persons making claims against the City of Vineland pursuant
to the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq., shall
be required to complete the form herein adopted as a condition of
compliance with the notice requirements of the New Jersey Tort Claims
Act. The City may, after initial submission of the form by the claimant,
require such other additional and supplemental information and documents
as it deems necessary to evaluate the claim, and the claimant shall
supply such requested documents and information within 30 days of
the request.
