A. 
Filing. All claims for damages against the county must be filed with the clerk of the county council. A summary of each claim identifying the claimant, the date of the claim, the amount claimed, the amount paid, and the date of payment shall be prepared annually by the clerk of the county council, or their designee, and made available for inspection by the members of the county council.
B. 
Requisites of Claim. All such claims for damages must locate and describe the defect which caused the injury, describe the injury and contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and calling the claim and for a period of six months immediately prior to the time the claim accrued and be sworn to by the claimant; provided, that if the claimant is incapacitated from verifying and filing their claim for damages within the time prescribed, or if the claimant is a minor, or in case the claim is for damages to real or personal property, and the owner of the property is a nonresident of the county or is absent therefrom during the time within which a claim for damages is required to be filed, the claim may be verified and presented on behalf of the claimant by a relative or attorney or agent representing the injured person, or, in case of damages to property, representing the owner thereof.
C. 
Time for Commencement of Action. No action shall be commenced against the county for damages arising out of tortious conduct until a claim has first been filed with the clerk of the county council, and an action commenced in the proper court within the period allowed by law for the commencement of a like action against private parties.
D. 
Claim Forwarded to the County Executive as Well as the Prosecuting Attorney. Every claim after being filed with the clerk of the county council shall be promptly forwarded to the executive's office as well as the prosecuting attorney who shall consider same in light of county tort claims defense qualifications.
E. 
All Summons and Complaints to the Prosecuting Attorney. Every tort action summons and complaint shall be served on the county auditor who shall promptly present it to the office of the Whatcom County prosecutor.
(Ord. 93-042 Exh. F; Ord. 2002-051; Ord. 2003-020; Ord. 2025-048, 10/7/2025)
A. 
Authority is delegated by the county council to the county prosecuting attorney for settlement of all tort claims against the county where the amount to be paid in the settlement is $5,000 or less; authority is delegated to the county prosecuting attorney, with the approval of the county executive, for settlement of all tort claims where the amount to be paid in the settlement is more than $5,000 but less than $25,000. All other settlements require council approval.
B. 
Unless authorized by law to be filed directly by the prosecuting attorney, all other civil lawsuits brought in the name of or on behalf of Whatcom County shall be commenced upon, and only upon, the approval of the county council.
(Ord. 93-042 Exh. F; Ord. 2025-048, 10/7/2025)
A. 
All records relating to settlements of any lawsuit to which the county is a party shall be subject to disclosure pursuant to the Public Records Act, Chapter 42.56 RCW. No settlements of any lawsuit to which the county is a party shall be made except with full public disclosure of the total settlement amount either paid by the county directly or paid on the county's behalf. The council shall be notified of payments made by third parties in settlement of county claims within 30 days of the payment being issued.
B. 
The prosecuting attorney's office shall include a copy of this section in early correspondence to litigants.
(Ord. 93-042 Exh. F; Ord. 2025-048, 10/7/2025)
There is hereby established the Risk Management Working Group. This group shall meet a minimum of twice per year.
A. 
Whatcom County Risk Management Working Group Executive Committee shall be comprised of the following:
1. 
County executive or designee;
2. 
Director of finance or designee;
3. 
Prosecuting attorney or designee;
4. 
County risk manager or designee, who shall serve as chair;
5. 
Chair of the finance committee of county council or designated councilmember.
B. 
Additional members to the Risk Management Working Group may include county employees as follows:
1. 
Human resources director (if different from county risk manager or designee);
2. 
Facilities director;
3. 
Safety and wellness representative;
4. 
Public works safety and training coordinator;
5. 
Sheriff or designee;
6. 
Health and community services director;
7. 
Parks and recreation director;
8. 
Superior court administrator;
9. 
Administrative services director or designee;
10. 
Alternate risk managers.
C. 
A vice chair shall be elected by the Group to serve in the absence of the chair.
D. 
The function of the Risk Management Working Group shall be to:
1. 
Promote Washington Counties Risk Pool policy directives;
2. 
Review all reports provided by the county executive or county risk manager related to risk management strategies and reporting by all county departments in order to review losses and risk exposures to the County;
3. 
Recommend management policies and practices to the county executive to reduce the frequency and severity of losses and enhance operating efficiency;
4. 
Recommend changes to coverage limits for insurance policies that fall outside the scope of WCRP to the county executive;
5. 
Periodically review county membership in the WCRP and give proper notice if the committee recommends and council approves of an intent to leave the WCRP pursuant to the terms of the current interlocal WCRP agreement;
6. 
Review and propose updated reporting procedures to the county executive of employee, officer, or volunteer incidents and accidents, which shall include prompt notification to the Prosecuting Attorney and WCRP of potential liability;
7. 
Review ordinances that may need to be amended for the health and safety of employees, volunteers, and elected officials and to further protect the public’s interest in the assets of Whatcom County, and make recommendations of proposed amendments to the county council and county executive.
(Ord. 2025-048, 10/7/2025)