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07 July 13, 2005 Executive72825 RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE (COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON, ROBIN LOWE, JEFF MILLER, JEFF STONE, JOHN TAVAGLIONE, MIKE WILSON, ROY WILSON) 8:15 A.M. Wednesday, July 13, 2005 County of Riverside Administrative Center Conference Room "A" 4080 Lemon Street, 3'd Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Commission at (909) 787-7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PUBLIC COMMENTS 3. APPROVAL OF MINUTES. 4. PROPOSAL TO AMEND SHORT AND LONG TERM DISABILITY BENEFITS Overview Since its imp ementation in 1990, the benefits for Short and Long Term Disability has not been revised to meet the intentions of the Commission. Changes to the Short and Long Term Disability benefits and personnel rules/regulations are submitted to the Executive Committee for approval. ORDINANCE NO. 05-001, "AN ORDINANCE AMENDING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADMINISTRATIVE CODE - Overview The proposed policy for handling tort claims is submitted to the Executive Committee for review. It is included in the Commission's July 13'h agenda for approval. 11.36.21 AGENDA ITEM 3 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE May 11, 2005 Minutes 1. CALL TO ORDER Chairperson Robin Lowe called the meeting to order at 8:29 a.m., on Wednesday, May 11, 2005 at the Riverside County Transportation Commission's Conference Room "A", 4080 Lemon Street, 3rd Floor, Riverside, California 92501. Members Present: Marion Ashley Bob Buster Chris Buydos Terry Henderson Robin Lowe Jeff Miller Jeff Stone John Tavaglione. Mike Wilson Roy Wilson 2. PUBLIC COMMENTS There were no public comments. 3. APPROVAL OF MINUTES - M/S/C (Henderson/Buydos) to approve the minutes as presented. Abstain: M. Wilson 4. NEW CLASSIFICATIONS AND RANGE ASSIGNMENTS Barry Newton, Creative Management Solutions, Inc., the Commission's consultant, provided a brief presentation on the result of the survey, adjustments to the salary ranges, job descriptions and his proposal for the titles of the two new positions. Based upon his review of the job functions and organization design, including the general market practices, he recommended that the new positions be assigned to Range 11 ($8,898 - $12,457). He proposed the titles as Division Head, Planning and Division Head, Programming & Administration to replace the title as previously designated - Director of Programming & Administration and Director of Planning - because in the listing of Commission positions, there are a number of Director positions (3) that oversee departments and there is no distinction AGENDA ITEM 4 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 13, 2005 TO: Executive Committee FROM: Naty Kopenhaver, Director of Office Operations and Board Services Anne Mayer, Division Head - Planning and Administration THROUGH: Eric Haley, Executive Director SUBJECT: Short and Long Term Disability Benefits STAFF RECOMMENDATION: That the Executive Committee approve the following Short and Long Term Disability Benefit amendment proposal: 1) To amend the Short Term Disability benefit as follows: A) Provide 66.67% weekly benefit with the maximum weekly benefit to set at 66.67% of the Deputy Executive Director's salary (for this fiscal year at $1,924 weekly maximum benefit — using the Deputy's salary including increase due in July); B) That the elimination period be seven (7) days for sickness and no elimination period for accidents; C) That employees be authorized to use available sick and/or vacation hours to supplement their short term disability benefit; and, D) Amend the Personnel Rules and Regulations that employees no longer have to exhaust available sick and vacation time before they can apply for short term disability benefit. 2) To amend the Long Term Disability benefit as follows: A) Provide 66.67% monthly benefit with the maximum to be set at $10,000. B) Amend the Personnel Rules and Regulations that prior to applying for long term disability benefit, employees must exhaust available sick time. 3) That the proposed Short and Long Term Disability benefits and Personnel Rules and Regulations be effective August 1, 2005. Out of the ten companies, only three (3) companies were able to match the Commission's specifications — Standard, Unum/Provident, Jefferson Pilot. Using the total monthly salary of RCTC employees multiplied by the proposed rate from the responders, the premium would be: UNDERWRITER RATE MONTHLY PREMIUM STANDARD (Incumbent) - Short Term Disability $0.698 $1,159.89 - Long Term Disability $0.82 $1,362.68 UNUM/PROVIDENT Short Term Disability $0.79 $1,312.42 Long Term Disability $0.85 $1,412.36 JEFFERSON/PILOT - Short Term Disability $0.734 $1,219.39 Long Term Disability $0.85 $1,412.36 It is important to note that the renewal rates are lower that is currently paid by the Commission (current rates are STD $0.73 and LTD $0.843). Based on the rates shown above as submitted by the three insurance providers, staff propose that the Commission select Standard Insurance as its provider and approve the staff recommendations. AGENDA ITEM 5 RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: July 13, 2005 TO: Executive Committee FROM: Naty Kopenhaver, Director of Office Operations and Board Services Steven DeBaun, Legal Counsel THROUGH: Eric Haley, Executive Director SUBJECT: Adoption of Ordinance No. 05-001, "An Ordinance Amending the Riverside County Transportation Commission Administrative Code" STAFF RECOMMENDATION: This item is for the Committee to: 1) Review the proposed policy to handle tort claims; and, 21 Forward to the Commission for adoption. BACKGROUND INFORMATION: The Commission does not currently have a written policy to handle tort claims. Therefore, staff has requested Legal Counsel to develop policy within legal requirements to handle tort claims. In addition to a policy, sample . letters to respond to claims were also developed. The proposed policy if approved would be incorporated with the Riverside County Transportation Commission's Administrative Code. Attachments: 1) Ordinance No. 05-001 2) Tort Claim Policy - Exhibit "A" 3) Claim Form - Attachment A 4) Sample Letters - Attachments B thru F Agenda Item 8C ORDINANCE NO. 05-001 AN ORDINANCE AMENDING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADMINISTRATIVE CODE WHEREAS, the Commission has determined that it is now necessary to amend its Administrative Code to provide for the adoption of a Tort Claims Policy; NOW, THEREFORE, the Riverside County Transportation Commission hereby ordains as follows: Section 1. The Administrative Code is hereby amended to add Article IX which states the Riverside County Transportation Commission's Tort Claims Policy, which is set forth in the attached Exhibit "A". Section 2. This Ordinance shall be effective on this 13' day of July, 2005. APPROVED AND ADOPTED this 13' day of July, 2005. C. Robin Lowe, Chair Riverside County Transportation Commission ATTEST: Naty Kopenhaver, Clerk of the Riverside County Transportation Commission EXHIBIT "A" ARTICLE IX TORT CLAIMS POLICY I. WRITTEN CLAIM (Gov. Code § 945.4)1 Before commencing a lawsuit for money or damages, the claimant must present a written claim to the Riverside County Transportation Commission (herein referred to as "RCTC") and allow it to act upon the claim.' (See Attachment A for Sample RCTC Claim Form.) II. SUFFICIENCY - CONTENTS OF CLAIM (Gov. Code § § 910, 910.2) A claim shall be presented by the claimant or by a person acting on the claimant's behalf. The written claim must include all of the following: (a) The name and postal address of the. claimant. (b) The postal address to which the person presenting the claim desires notices to be sent. (c) The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted. (d) A general description of the indebtedness, obligation, injury, damage or loss so far as it may be known at the time of presentation of the claim; (e) The name(s) of public employee(s) causing the injury, damage, or loss, if known. (f) The amount claimed, if it totals less than $10,000.00 as of the date of the presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of presentation of the claim, together with the basis for computation of the amount claimed. If the amount claimed is more than $10,000.00, no dollar amount shall be included in the claim, but it shall indicate whether the claim would be a limited civil case. (g) The signature of the claimant or his or her representative. All references herein are to the California Government Code, unless otherwise noted. Under special circumstances, this requirement may be excused. (See for example Gov. Code §§ 946.4, 946.6.) III. TIMELINESS (Gov. Code § 911.2) 1. A claim relating to a cause of action for death, injury to person, injury to personal property or growing crops must be presented within six (6) months after the accrual of the cause of action. 2. A claim relating to any other cause of action, such as damage to real property, must be presented within one (1) year after the accrual of the cause of action: IV. ACTION BY EXECUTIVE DIRECTOR (Gov. Code § § 912.6, 935.4) The Clerk of the Board shall be designated to receive claims submitted to the Riverside County Transportation Commission. The Clerk of the Board shall present the claims to the Executive Director or designee, and such claims shall be reviewed and may be act in one of the following ways: 1. If the Executive Director determines that the claim is for debt or liability which is not the responsibility of RCTC, it shall be rejected by the Executive Director or designee. 2. If the Executive Director determines that the claim is for debt or ►iability which may be the responsibility of RCTC, the Executive Director or designee shall present the claim to the Commission's Board for consideration. 3. The Executive Director shall present all claims for physical personal injury or wrongful death to the Commission's Board for consideration. The Commission Board must approve all settlements on claims. V. WRITTEN REJECTIONS (Gov. Code § § 912.4(a), 913, 945.6(a)(1)) If a claim is rejected in writing within 45 days of, the claimant has six (6) months from the date the written notice of rejection is personally delivered or mailed in which to file suit. The claimant and RCTC may extend by written agreement the period within which RCTC must act on the claim. (See Attachment B for Sample. Rejection on the Merits Letter.) VI. REJECTION BY OPERATION OF LAW (Gov. Code § § 912.4 (c), 945.6(a)(2)) If a claim is not rejected in writing within 45 days of presentation, the claim is deemed rejected by operation of law on the 45th day. Notice of the rejection of the claim may be sent by the Commission after the claim in deem rejected. VII. INSUFFICIENT CLAIMS (Gov. Code §§ 910.8, 911, 915.4) The Executive Director or designee has the right to return insufficient claims by providing notice in accordance with Gov. Code section 915.4. If a claim does not comply with Government Code sections 910 and 910.2, the claim is legally insufficient. If an insufficient claim is presented to RCTC, then RCTC shall notify the claimant in writing within 20 days of presentation that the claim is insufficient and state with particularity the defects or omissions in the claim. The Commission Board may not take action on the claim for a period of 15 days after such notice is given. If such notice of insufficiency is not given, RCTC waives any defense as to the sufficiency of the claim and cannot later claim insufficiency as a defense. However, no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or the address of the claimant. (See Attachment C for Sample Letter re Insufficient Claim Form.) VIII. LATE CLAIMS (Gov. Code § § 91 1.4, 91 1 .6, 911.8) 1. If a claim is not presented in a timely manner pursuant to Gov. Code section 911.2 (6 month limitations period), the claimant must file an application to present a late claim. 2. The application: (a) Must be presented within a reasonable time not to exceed one (1) year after the accrual of the cause of action; (b) Must have the written claim attached; and (c) Must state the reason for the delay in presenting the claim. 3. Claims filed late, if not accompanied by an application for leave to file a late claim, should be rejected specifically because they are late. (See Attachment D for Sample Letter re Untimely Claim Without Application For Leave To Present A Late Claim.) 4. In computing the one (1) year period for presentation of the application, time during which the person who sustained the alleged injury, damage, or loss is a minor shall be counted, but the time during which he is mentally incapacitated and does not have a guardian shall not be counted. IX. ACCEPTANCE OF APPLICATION FOR LATE CLAIM (Gov. Code § 911.6) The Executive Director or designee shall grant or deny an application for acceptance of late claim within 45 days after it is presented. This period may be extended by written agreement between the claimant and RCTC. The Executive Director or designee shall grant the application where one or more of the following is applicable: (a) Failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and RCTC was not. prejudiced in its defense of the claim by the failure to present the claim in a timely manner; or, (b) The person who sustained the alleged injury, damage or loss was a minor during all of the time period; or, (c) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time period; or, (d) The person who sustained the alleged injury, damage or loss died before the expiration of the time period. X. DENIAL OF APPLICATION FOR LATE CLAIM (Gov. Code § § 91 1 .8, 946.6) 1. The Executive Director or designee may deny the application if it is not excused. (See Attachment E and F for Sample Denial Letters.) For late claims presented within one (1) year of accrual of the cause of action, the denial must be in writing and must advise the claimant that he/she has only six (6) months to take the matter to court. Written notice of the action on the application must be given in the manner` prescribed in Gov. Code section 915.4. The notice shall contain a warning in substantially the form as prescribed in Gov. Code section 911.8. The denial of the application for late claim has nothing to do with the validity of the claim. It is not a rejection of the claim or its merits. It means only that the claim was not properly presented. XI. CALIFORNIA LAW This Tort Claims Policy is intended to reflect the requirements set forth in the California Tort Claims Act (Gov. Code § § 900 et seq.). RCTC intends to periodically update this Policy, however, because state law is amended from time to time, in the event any law cited herein is amended, modified,- changed or omitted, then such law shall govern. XII. COMMISSION ACTION This Tort Claims Policy provides the guidelines for RCTC in responding to a claim, however, a failure to follow this Policy shall not serve as a basis for invalidating an action taken by the Commission Board on a particular claim. ATTACHMENT A CLAIM FORM (A claim shall be presented by the claimant or by a person acting on his behalf.) NAME OF DISTRICT: Riverside County Transportation Commission 1 Name; address, mailing address if different, and phone number. Name: Address(es): Phone Number: 2 , I List name, address and phone number of any: witnesses. Name: Address: Phone Number: 3 i List the date, time, place and other circumstances of the occurrence or transaction which gave- rise to the claim asserted. If the space provided is not sufficient, supplemental informationmay be attached. Date._ Time: Place. Tell What Happened (give complete information): NOTE: Attach any photographs you may have regarding this claim. 4 Give a general description of the indebtedness, obligation, injury, damage or loss incurred so far' as it may be:known ,at the time of presentation of the; claim. 5 Give the name or names of the public' if known. employee or employees causing the injury, damage,-or'loss, 6 If the actual amount of your claim is 'less than $10,000 indicate the exact amount of your claim,' and if possible show specific itemization and/or include copies of any documents in support thereof. If the amount of the claim exceeds $10,000, no dollar amount should be included in this claim 'form; however; it is necessary to indicate whether jurisdiction will crest in 'Municipal or Superior Court. (Jurisdiction for any claim under $25000 would rest in Municipal Court, and any; claim over .$25,000 would rest in Superior Court.) Date: Signature: ANSWER ALL QUESTIONS. OMITTING INFORMATION COULD MAKE YOUR CLAIM LEGALLY INSUFFICIENT. RETURN CLAIM FORM AND ATTACHMENTS TO RCTC, ATTN: CLERK OF THE BOARD, P.O. BOX 12008, RIVERSIDE, CA 92502-2208 ATTACHMENT B SAMPLE LETTER RE: REJECTION ON THE MERITS (TO NOTIFY A POTENTIAL CLAIMANT THAT HIS/HER CLAIM HAS BEEN REJECTED ON ITS MERITS, NOT BECAUSE THE CLAIM IS LATE, OR THAT THE CLAIM IS INSUFFICIENT IN CONTENTS. IF USED, THIS FORM MUST BE MAILED WITHIN 45 DAYS OF PRESENTATION OF THE CLAIM) Thank you for your recently submitted claim in the matter of As you know, we are guided by state law and are obligated to pay claims where there is liability on our part. We have reviewed all of the information submitted to us relating to your claim, and have endeavored to be absolutely fair in considering your case. Your claim presented to the Riverside County Transportation Commission on was rejected (or allowed in the amount of $ „' j and rejected as to the balance) on"�1,'�°;', (date of action or rejection by operation of law.) WARNING Subject to certain exceptions, you have only six months from the date this notice was personally delivered or mailed to file a court action on this claim. (See Government Code Section 945.6.) You may, of course, seek an attorney's advice on this matter. If you plan to consult an attorney, you should do so immediately. If you have questions about the claim or this denial of liability, please call the undersigned. Very truly yours, Eric Haley (or designee) Executive Director ATTACHMENT C SAMPLE LETTER RE: INSUFFICIENT CLAIM FORM (TO NOTIFY POTENTIAL CLAIMANTS OF INSUFFICIENCIES IN CLAIMS FILED) Re: Notice of Insufficiency of Claim Filed with the Riverside County Transportation Commission Dear Your claim which was received by the Riverside County Transportation Commission on 4nterdat'e)failed to comply substantially with the California Government Code. It was insufficient for the following reason(s): [-GiVeAaion'-ifOr i s fficieneY]' For your information, you may wish to consult Sections 910, 910.2, 910.4, 910.8 and other sections of the California Government Code pertaining to the filing of claims against a public entity. Due to specific time requirements for correcting these deficiencies, this should be tended to immediately. Very truly yours, Eric Haley (or designee) Executive Director ATTACHMENT D SAMPLE LETTER RE: UNTIMELY CLAIM WITHOUT APPLICATION FOR LEAVETO PRESENT A LATE CLAIM (TO NOTIFY POTENTIAL CLAIMANTS WHO FILE LATE CLAIMS WITH NO ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM) Re: Response to your Late Claim Filed with the Riverside County Transportation Commission Dear The claim (or material) which you presented to the Riverside County Transportation Commission ("RCTC") on (Ente'rl ete)_ is being returned to you herewith, without any action having been taken by RCTC. The claim (or material) is being returned because it was not presented within the time required by law. (See California Government Code Sections 911.2 to 912.2 and 946.6.) Your only recourse at this time is to file a written Application for Leave to Present a Late Claim as required by the Government Code. After this Application has been received by RCTC, it will be reviewed and considered. Due to legal time requirements, this should be done without delay. To determine if you have a further remedy, or whether other procedures are open to you, you may wish to consult with an attorney of your choosing. If you consult with an attorney, you should do so immediately. Very truly yours, Eric Haley [or designee] Executive Director ATTACHMENT E SAMPLE LETTER RE: DENIAL OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM (TO DENY LATE CLAIMS PRESENTED WITHIN ONE YEAR OF ACCRUAL WITH AN ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM) . Re: Denial of Application for Leave to Present a Late Claim to the Riverside County Transportation Commission Dear Your Application for Leave to Present a Late Claim is denied by the Riverside County Transportation Commission as of (Etiten,da,. WARNING If you wish to, file a court action on this matter, you must first petitionthe appropriate court for an order relieving you from the provisions of. California Government Code Section 945.4. (Also see Government Code Section 946.6.) Such petition must be filed with the court within six (6) months from the date your Application for Leave to Present a Late Claim was denied. You may seek the advice of an attorney of your choosing in connection with this matter. If you consult an attorney, you should do so immediately. Very truly yours, Eric Haley (or designee) Executive Director ATTACHMENT F SAMPLE LETTER RE: RETURN OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM (TO REJECT LATE CLAIMS PRESENTED AFTER ONE YEAR FROM ACCRUAL WITH AN ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM) Re: Return of Application for Leave to Present a Late Claim to the Riverside County Transportation Commission The Application for Leave to Present a Late Claim which you presented to the Riverside County Transportation Commission on Onte:00 is being returned to you herewith, without any action having been taken on it by the Commission. The Application is being returned because it was not presented within the time required by law. To determine whether you have any further remedy, you may wish to consult with an attorney of your choosing. If you consult an attorney, you should do so immediately. Very truly yours, Eric Haley for designee) Executive Director