[HISTORY: Adopted by the County Legislature of the County of Sullivan 11-18-1999
by L.L. No. 6-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects — See Ch. 159.
[1]
Editor's Note: This local law repealed former Ch. 47, Insurance Fund
for Settlement of Claims by or Against County, adopted 10-11-1990 by L.L.
No. 8-1990.
A.
A resolution of the Sullivan County Legislature shall
be required to resolve any claim or action by or against the county except:
(1)
Property damage claims by or against the county not exceeding
$1,500 shall be settled by the Director of Risk Management and the County
Attorney jointly.
(2)
Property damage claims in excess of $1,500 shall be settled
by the Director of Risk Management, the County Attorney, the County Manager
and the Chairman of Financial Management Committee jointly, provided that
said claims against the county do not exceed the self-insurance retention
amount or said claims by the county do not exceed $100,000. In the event of
the failure of unanimity, the matter shall be decided by the Legislature.
(3)
All other claims up to the amount of the self-insurance
retention shall be settled by the Director of Risk Management, the County
Attorney, the County Manager and the Chairman of the Financial Management
Committee jointly. In the event of the failure of unanimity, the matter shall
be decided by the Legislature.
(4)
All claims other than property claims, the settlement of which,
whether by the County or an employee to be indemnified, would be in excess
of the self-insurance retention but within the insurance policy limits shall
be approved by the Director of Risk Management, the County Attorney, the County
Manager, the Chairman of the Management and Budget Committee, and a representative
of the insurance carrier jointly. In the event of the failure of unanimity,
the matter shall be decided by the Legislature.
[Added 12-20-2007 by L.L. No. 2-2008]
B.
Anything to the contrary notwithstanding, all tax certiorari
cases shall only be settled by resolution of the County Legislature.
If any portion of this chapter is found for any reason to be invalid
by a court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions.
This chapter shall become effective as of the date of filing with the
Secretary of State.