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Home My Public Portal AboutORD11612 y,P .g,l,fr .#+��'i a�+.:.;�r .,Y+s�,lfet{Y ykln.�+, f �-f`� 't„ !+' ,.h p' •zr, h.+ .•. to BILL NO. 91-43 SPONSORED BY COUNCILMAN HALSEY, VINCENT, HAAKE ORDINANCE NO. 11612 -f AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING CHAPTER 2, ADMINISTRATION, BY THE ADDITION OF ARTICLE XIV, WORKERS' COMPENSATION RISK MANAGEMENT PROGRAM. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 2, Administration, of the Code of the City of Jefferson, Missouri, is hereby amended by the addition of Article XIV, Workers' Compensation Risk Management Program, which shall read as follows: ARTICLE XIV. WORKERS' COMPENSATION TUSK MANAGEMENT PROGRAM Sec. 2-600. Short title; effective date. ,. This article shall be known as the City of Jefferson Workers' Compensation q� Risk Management Program," all the terms of which are hereafter referred to as the program. Sec. 2-601. Creation and purpose. There is hereby authorized and created a workers' compensation risk management program and a risk management fund to be funded annually in an amount not less than needed to achieve actuarial soundness and to be maintained as an account separate from the general find. A. General purpose o f the program. The workers' compensation risk management program is established for the purpose of providing a system through which the city will retain certain risks and manage the claims which emanate from the legal obligations imposed as the result of injury to employees. The workers' compensation risk management program is created for the purpose of paying all legitimate claims and expenses which arise under the program. The workers' compensation risk management program is hereby declared to provide coverage in the areas set forth in this article. B. Workers' compensation risk management fund. The workers' compensation risk management fiend shall be a continuing appropriation, notwithstanding fiscal years, to be used for payment of 14 ,. tf r 6 f t y r r ' jfY.. t a t Y .'gip gym ;} ��,' t, i ,• 8�. ;, }L,jt,E ,. 4 • .� 4�;t x,��a} �, a '. [,,. rliy t,t�ySrld i ;, S t.' ..? > �,t 7 ,, t t � a, .u ' a •4 � 'ktT� l `'r`h�A��G�t�?i f,.0"< sr'.1 .� r t..rs � °a r.; k r.`t.'';+. ia J •;i xfi✓y�,S,b ' " ;.. the administrative costs, expenses, settlements,judgments, and claims of the workers' compensation risk management program. The workers' compensation risk management fund may also be augmented from time to time with transfers from other city accounts. u C. Risk management committee. There is hereby created a risk � management committee for the purpose of administering, in accordance with the provisions of this article, the workers' compensation risk management program with the risk manager. The risk management committee shall be comprised of the city administrator, the director of finance, the personnel and safety officer, and two other department ' directors who shall be selected by the city administrator. The personnel ' and safety officer shall serve as chairman of the committee. The city counselor shall provide legal advice to the committee. Sec. 2.502, l�lonwaiver of rights. 9 management By establishing the risk mans 4x g program and by purchasing excess insurance, the city does not waive or intend to impair any of its rights under law and no act pursuant to this program or act of purchasing excess insurance shall be construed as a waiver or intent to impair the city's rights. The rights reserved include, without limitation, the right of the city or of any city agency to assert sovereign immunity to the extent allowed by law to assert restrictions and limitations on the amount of liability to which the city may be exposed under applicable law, and to assert restrictions an d limitations on the collectibility of any judgment to the f extent permitted by law. Sec. 503. General administration of the account. Recognizing the importance of maintaining the financial integrity of the risk management fund, the city hereby establishes the following general procedures regarding the administration of the risk management fund: t Investments,esments, earnings on investments, etc. The investment of moneys t� held in the risk management fund is authorized in accordance with the general investment policies and practices of the city. The moneys to be invested may be pooled with other city moneys for the purpose of investment. The director of finance shall make provision for the prompt payment of all liquidated claims, settlements, and final judgements from the workers' compensation risk management fund and shall invest the moneys of the fund in a manner that allows access to said moneys for f such purposes. y B. Accounts and records systems. The director of finance, shall develop and maintain for the workers' compensation risk management fund such accounts and records as will provide a reasonable segregation and determination of assets and liabilities, together with the historical loss 15 : �.i -' r` .,•fig-°' �- ' ;, <., r �}y�•�b, t<. r r r T'U' j� y i y61» �,F, �l'tX• , �4 a t a t � cr,,++'��t y �}r'�€A i$ lg5i' � 7e; 1Y�iii �ayR�k1.., n (7 y�j ?;ief � { srx 'x£'e° fSKt ("'1sg . �• ` Pq6� 7 r. �T bx sj -q,fr ✓ ! f+ n �`�yk�rd � , .J `t z 4�r��. , ',t a' t' � d r�.3"�r4�.� di�', w�(��'tPt`��+� x p' � �,�✓ z��xS"� rE• yhti 40" tit" �5y HG,j°{,- G$Y �'Y�' •.'4f ',-t �tj��yt a ,• ,fJA� �Y � �� 14s+k•�'fr��;'fi r ti�Sf ij, $'��5"Uitt�yt��+r IStWti r:�J �f ,l x ty. . :,::1 � ��. data and other information necessary to sustain accurate and proper {` : _ ' all include accounting practices. The accounts and records system sh ` development of an appropriate claims reserve procedure. , C. Supplemental appropriations. The city council shall appropriate and ; budget sufficient moneys to assure the solvency of the workers' r; compensation risk management fund and the effective management and management operation of the risk management program. The risk management ,. committee shall from time to time, recommend such additional ; r appropriations or budget amendments as may be required to assure the solvency of the risk management fund. D. Transfer prohibited. No money shall be transferred into or out of the :5 ,> workers' compensation risk management fund except as herebyx' authorized. ;a , :<. E. Standard for payment. No claim shall be paid unless it appears that the r• = city, its agencies, officers or employees is or may be legally liable for •::� ° damages under the laws of the State of Missouri or of the United States }' of America. Notwithstanding any provisions of this article to the ' contrary, the program herein established shall be administered in full accordance with the requirements of Section 2-113 of the Code of they City of Jefferson, Missouri, (Indemnification of Officers and Employees.) 1 F. Delegation of authority. The personnel and safety officer may compromise, settle, Adjust and authorize payment for claims with the art of said approval of the city counselor and may delegate any p ; ' x authority to an independent claims adjusting firm. t. Sec. 2.604. Purchase of insurance. The personnel and safety officer shall recommend to the risk management committee the purchase of such insurance as may be appropriate to provide rr •��,< •. additional coverages to the extent that the loss exposure exceeds the reasonable .� ys capacity of the risk management fund to afford adequate coverage. Sec. 2-506e Annual review. A. Additions or deletions of risks. At least annually, the risk management ! committee shall review the performance of the program. Based on that review, the risk management committee may determine that certain other risks should be r' y assumed by the program or that covered risks should be deleted from the program. ; { If the risk management committee determines that coverages should be added to or deleted from the program, it shall make a recommendation to the mayor and city council for an appropriate amendment to this article. > k, 16 .a�}, +� �y'�,`� t 'r'� ��tr i;�'27!�'•.rQ,°� r' f{e�*��MY a"7+3�'e t�,�� k.t�j�jta c9�+fu I�Y r , Y, .a •11 Avl Ir n 'Fj^i:t v`}4it h !+ u§rt i.u!. y' 47tk'C 'tY 5'f `+ y �" f Uv,�t � T 7.Y ,��•K.t'!}7. P.0 � Y I. S� li.. t. , +� 3„•x�,p*<<'��.�td�x. r. �;:��,t'3#� ,. ,rs3,�+” 'nf g r.c s �. `'n r a,..,,:•z•i+^',!�; .• a ::�'3 Y ��},`' r yi.rt>w�i4.r5 4 y t`�t H �.f }r �rt.f=.�?�fra;:r fit! i,' � •, �r �'t Sc-t�>ri�,:� �6«, �t '� 41 ��t s?, +� " '`I'F��,t< �':-�.��',>r,.f'.w.a�.�a'S'i 7 r}�ktt�s r�f b::i•.r`:'` S5 It.4 t c r �r 1. w ! x�'i}' fiiEr�Yf/ � .i ��+7�4��+��`ra�5'+,�t`,1�;5 t' `n2:,'.•ii� `�T;� 1t � err:J� 'T ��°? t}�.�.,5±if Jj.,s f 't.�f Y T d a F.c #' •k '.xri: ,'s^•''�� t- ��t:1� •y•' �:`� � r+�; < ''�.;, ��Sl*'•s}G S.��r Y�/� PY..�{5 yc i t�lpy�3�1.�fA�� j�r�tt fit i�,t i�f iS. 21�it�.,w4 4 k�Y j. ''2t},�Ir 1 r diF��h/>�2 p'+ � ,�� 1,1f ��;• 'a G Y p 5 F ry t 1��'7 •t t t .., x 1 .{ .i'4�,�7t'�..!j• .{�" � 4 4F !y�} cy, �'Y to n ,. r�.' •v��i r ..t',S�... ' rG k r€ rn ,✓ i'� �1 E 4 1,� iJ.. f J 4 y + fsF r ': 1 'dl �t ° lit .t. ax a—+. ,1 -t �,44 1. 1i B. Annual performance reports. Annually, the personnel and safety officer shall re are or cause to be p p prepared a report on the status of the workers compensation risk management program. This report shall include at least the ' following information: 1. The moneys appropriated or contributed to the risk management fund and the premiums paid for commercial insurance under any excess insurance provision of the workers' compensation risk management program. 2. The cost of administration and operation of the risk management kprogram, including consulting and legal services. 3. A summary of claims incurred, open reserves, and claims paid or closed ` without payment. Sec. 2-606. Assignments of rights; report requirements. No rights under this management program shall be assignable directly or indirectly by any insured, without the written and specific authorization of the risk management committee and the approval of the city counselor. The personnel and safety officer shall.ensure compliance with applicable reporting requirements under Missouri law. 3 Section 2. This ordinance shall be in full force and effect from and after its c passage and approval. Passed: AuEUSt 5, 1991 Approved: —August 6, 1991 residi Officer or ` ATTEST: City,Clerk 17 ,��'�� ' �+t .�� 'i :.+, ,;+art f:, r .... � .s yb�: S thin, ;�4;�"}�•,;::rgf"*; 1',.