TITLE
Title
RESOLUTION AMENDING POLICY OF UNIFORM STANDARDS FOR CLAIMS AGAINST GUILFORD COUNTY EMPLOYEES, OFFICERS, AND OFFICIALS
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SPONSOR
Sponsor
Yvonne Moebs, Risk Management Director
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RESOLUTION
Resolution
RESOLUTION
POLICY OF UNIFORM STANDARDS FOR CLAIMS AGAINST
GUILFORD COUNTY EMPLOYEES, OFFICERS, AND OFFICIALS
As authorized by the Resolution Approving and Adopting a Policy Regarding Settlement of Certain Negligence and Tort Claims Against Guilford County in Limited Circumstances, adopted by the Guilford County Board of Commissioners on May 4, 2017, the following Policy is hereby implemented in order to ensure due process and equal protection pursuant to law, and to ensure that similarly situated individuals are treated alike:
1. Except as specifically set out here, it shall remain the Policy of Guilford County to assert the affirmative defense of governmental immunity as a complete bar and defense in all cases in which government immunity is applicable, and to pursue this defense, in addition to all other appropriate defenses, at all stages of proceedings including the claim stage, and trial and appeal stages of judicial arbitration, mediation, administrative, or other procedure.
2. The County Attorney and Risk Manager shall review all insurance policy provisions before the County’s renewal of, or purchase of, any insurance applicable to or affecting the County’s governmental immunity defense. All negligence and tort claims to the extent not covered by the County’s insurance will be reviewed initially by the Risk Manager, who shall investigate the claim and consult with the County Attorney regarding the results of the investigation and whether the defense of governmental immunity may apply and whether the matter should nevertheless be settled based on analysis and applicability of the factors set forth herein. The County Attorney may conduct additional investigation as deemed necessary. It is the express policy of Guilford County t...
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