Legislation Details

File #: 23-432   
Type: UTA Policy Status: Passed
In control: Board of Trustees
On agenda: 10/11/2023 Final action: 10/11/2023
Title: UTA Policy - UTA.02.10 Authority to Settle Claims
Indexes: Governance - Policies and Procedures
Code sections: UTA-2.10 - UTA Policy 2.10 - Authority to Settle Claims
Attachments: 1. UTA.02.10 Authority to Settle Claims.docx

TO:                

Board of Trustees

THROUGH:  

Jay Fox, Executive Director

FROM:          

Viola Miller, Chief Financial Officer

PRESENTER(S):

David Pitcher, Claims & Insurance Manager

 

 

 

TITLE:                                                                                                                                                                         

title

UTA Policy - UTA.02.10 Authority to Settle Claims

end

 

AGENDA ITEM TYPE:                                                                                                                        

UTA Policy

RECOMMENDATION:                                                                                                                       

Adopt UTA.02.10 Authority to Settle Claims with updates to ensure Board Policy and UTA Policy are in alignment.                     

BACKGROUND:                                                                                                                                 

The Authority to Settle Claims policy requires that the Board of Trustees approve all settlements of $200,000 or more. In order to maintain transparency as a public agency and protect settlement strategy on these cases a change needed to be made to the existing policy.

DISCUSSION:                                                                                                                                      

Table A of the existing Policy, which lists the claims settlement authority levels, was changed to allow staff to inform the Board of Trustees of potential settlements of $200,000 or more and to answer questions from the Board when allowed in a closed session. The Executive Director would then be able to grant authority to move forward with settlement negotiations for $200,000 or more with the understanding that any agreement to settle must still receive final approval from the Board of Trustees in a public meeting.

The procedure (AGCY.02.06, to be adopted concurrently) referred to in the updated policy explains how the Claims and Insurance Department will present pending settlements in closed session in order to discuss settlement strategy, and prior to receiving Board approval.

ALTERNATIVES:                                                                                                                                    

If this policy is not adopted the current Corporate Policy 1.1.3 Authority to Settle Claims will remain in effect without changes,  and will include Claims Settlement Authority at levels not consistent with UTA.02.02 Contracting Authority Policy.

FISCAL IMPACT:                                                                                                                                

N/A

ATTACHMENTS:                                                                                                                                

UTA.02.10 Authority to Settle Claims