1998-186-Establishing Risk Management Policies And ProceduresRESOLUTION 1998 - 186
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ESTABLISHING RISK MANAGEMENT
POLICIES AND PROCEDURES
WHEREAS:
A. The Town, as a member in Association of Bay Area Government (ABAG) Plan
Corporation, is committed to protection and conservation of persons and property injury or
destruction; and
B. The systematic identification and control of unnecessary risks, undertakings, or
hazardous conditions minimizes the Town's physical and financial losses as well as human
suffering; and
C. The adoption of Risk Management Policies and Procedures is a concept designed
to protect and conserve municipal assets and to foster a safe work and Town environment for the
employees and citizens of the Town; and
D. Risk Management assists in avoiding unforeseen and catastrophic losses as well as
to minimize the cost fluctuations of insured and self - insured programs.
RESOLVED:
The Town Council of the Town of Los Gatos adopts the Town of Los Gatos Risk
Management Policy (attached hereto as Exhibit "A ")
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California held on the 12th day of November, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
:_ :A ►•I -
OF LOS GATOS
GATOS, CALIFORNIA
ATTEST:
CFG �;' <
CLERK OF THE TOWN OF I S GATOS---
LOS GATOS, CALIFORNIAtt��
EXHIBIT A
Town of Los Gatos
Risk Management Policy
I. The Town Manager and Town Attorney shall jointly act as the Town's Risk Manager. They,
along with the Assistant Town Manager and Department Heads, are designated as the Risk
Management Committee. The Risk Management Committee shall:
A. Recognize and control risk to the Town;
B. Prevent loss to public property;
C. Prevent injuries to public employees;
D. Prevent injuries and losses to private citizens resulting from the actions or decisions
of public employees or officials in the course of their duties;
E. Prevent injuries and losses to private citizens due to conditions within the control of
the Town of Los Gatos.
II. Administration of accidents, claims and other incidents:
A. The Town Attorney, or designee, shall be the Town's liaison with its liability
insurance carrier.
B. The Town Attorney, or designee, shall review all incident reports and claims, and
notify the Town's liability insurance carrier in a timely manner of all serious
accidents or claims.
C. Department heads and supervisors shall review all accident reports, incident reports
and claims affecting their respective departments, and provide timely information to
the Risk Manager.
-1-
D. An accident review process shall be implemented by the Risk Manager to review all
significant accidents, incidents and claims to determine their cause, preventability,
methods to prevent future occurrences, and claims and litigation defense strategy.
The review process shall be conducted periodically, as needed. Compliance with the
existing Town of Los Gatos Occupational Illness and Injury Prevention Program and
the Town of Los Gatos Safety Rules, both adopted July 1, 1991, shall fulfill this
requirement.
E. A safety review process shall be implemented by the Risk Manager to discuss safety
issues and obtain feedback from Town employees on how to make Town operations
safer. The safety review process shall take into account standard industrial safety
practices and safety orders issued by State agencies. The review process shall be
conducted periodically, but no less than quarterly. Compliance with the existing
Town of Los Gatos Occupational Illness and Injury Prevention Program and the
Town of Los Gatos Safety Rules, both adopted July 1, 1991, shall fulfill this
requirement.
III. The Risk Manager shall cause a risk management audit of Town activities to be conducted
at least annually by a recognized risk management expert and shall present such audit to the
Risk Management Committee for review.
N. The Risk Management Committee shall at least annually conduct a comprehensive review
of risk management issues and trends affecting the Town. The Committee shall use
information gathered in this review to help fulfill the responsibilities set forth in Paragraph
I of this Policy.
-2-
V. The Risk Manager shall implement appropriate procedures, regulations and contractual
provisions to transfer risk of loss to others in all third party transactions, including the use
of Town facilities, either through insurance requirements with the Town of Los Gatos named
as an additional insured, faithful performance bonds, or hold harmless clauses.
VI. Insurance for risks with catastrophic loss potential shall be purchased whenever it is
economically feasible, within the judgment of the Risk Manager.
VII. The Risk Manager shall report to Council at least annually on the results of the audit, and the
recommendations and actions of the Risk Management Committee, including any
recommendations for amendment of these policies and procedures.
N:VTY,RISK GWP06
-3-