Policy Text
Page 1 of 3 3/11 (New 11/11)
Claims Settlement
The purpose of this Order is to a rticulate the policy and proce dure used to identify
potential claims against the Count y arising from the actions of Sheriff’s Department
personnel within the course and scope of their official duties, which may be suitable for
expedited resolution. Additio nally this directive will outline the steps to be taken in order
to effect prompt and equitable se ttlement of such claims. Don e successfully, early
intervention can reduce cost to the County. I. Policy Statement
All personnel are expected to e xercise care and due diligence i n performing their duties
and adhere to established policy. H owever, in the performance of our duties, property
damage or personal injury may oc cur to an innocent party. When our actions result in
loss or injury the Department has a duty to address that harm i n a timely manner.
This Order establishes and recognizes the County Risk Management Response Team
(RMRT) as the body with responsib ility for carrying out the pro cedures described herein.
The RMRT members are as follows:
The Commander of the Profe ssional Standards Division
The County Risk Manager o r his/her designee
County Counsel
Sacramento Sheriff’s Department Legal Advisor
George Hills (claims adjus ter) representative
II. Procedure
A. Supervisors will evaluate ev ents and determine if the citize n and county
would best be served via the pr ocess described in this Order. When the
supervisor believes an event w ould best be handled in this mann er he/she
shall initiate notif ication procedures.
1. Bodily or personal injury, damaged or lost property, depriva tion of
liberty, and any other harm to a potential claimant are example s of
the types of claims that would fall within the scope of this di rective.
2. Supervisors will notif y the Professional Standards Division (PSD)
Commander of circumstances w hich they believe merit
consideration for early claim r esolution. Supervisors should a dvise
Page 2 of 3 3/11 (New 11/11) their Command Staff that RMRT has been contacted and explain
the situation that necessitat ed the contact. Personnel not on the
RMRT shall refrain from discu ssing settlement specifics with th e
potential claimant. The scene s upervisor will take necessary a nd
reasonable steps to facilitate and ex pedite timely evaluation, to
include:
a. If applicable, and when feasib le, provide a verbal synopsis of
the event to determine the appr opriate level of response by
members of the RMRT.
b. If requested by the PSD C ommander, remain with the
potential claimant pendi ng arrival of an RMRT member.
c. Ensure that identification and contact information is obtain ed
from the potential clai mant and witnesses for provision to the
RMRT
B. The PSD Commander shall maintain a current ledger of all cla ims which
are resolved by early settlemen t consistent with the provisions of this
directive, and shall provide an annual report inclusive of all such claims to
the Sheriff’s Ex ecutive Staff.
III. Settlement Guidelines
As a general rule, cases which can be settled for under $2500 a re more
appropriate for early claims reso lution. Claims likely to exce ed this amount may
require more in-depth assessmen t and therefore may not be appro priate for early
resolution.
The decision to utilize the early claims resolution process wil l be based on the
facts and circumstances of each incident and not necessarily th e amount of the
potential claim. The following t able indicates the establishe d claims settlement
authority as authorized by Board resolution:
Claims Adjuster
Administrator (George Hills) Risk and Loss Control
Division’s in-house Adjuster Risk and Loss
Control Manager Administrator, Internal
Services Agency
$7,500/$15,000* $7,500/$15,000* $20,000/$50,000* $50,000/$100,00 0*
*Amounts are per claimant; not t o exceed any single accident o r incident
All settlement agreements in exc ess of the authorized claim set tlement
authorities must be approved by the Board of Supervisors.
A. Steps to be coordinated by the Risk Management Response Team
include:
Page 3 of 3 3/11 (New 11/11) 1. Meet with affected party and gather facts;
2. Determine legal liability and possible exposure to the Count y;
3. Make decision regar ding potential settlem ent authority and e nter
negotiations if approved;
4. If settlement is negotiated, a claim form is to be filled ou t by the
claimant for filing at the Board of Supervisors;
5. A release must be obtained pr ior to disbursement of funds;
6. All paperwork is routed thr ough the Board of Supervisors and then
to Risk Management.
Appendices: Filing a Claim Against t he County of Sacramento
Sacramento County Release of Liability
Related Orders: General Order 3/10 – Re view of Civil Claims
References: Government Code 910-913. 2 – Tort Claim Act