HomeMy WebLinkAboutCOM 0521.024 2002-2004 +3v Lincoln S.T. Ashida
Har Kim ~'ti Corporation Counsel
ry
Mayor
Gerald Takase
Assistant Corporation
b:'d~"' Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Slreet, Suite 325 • Hilo, Hawaii 96720262 • (808) 961-8251 • Fax (808) 961-8622
March 12, 2004
~ECEiVI~
TO: HONORABLE AARON S. Y. CHUNG '~"e --.-~-ey_-.
AND MEMBERS OF THE COMMITTEE ON FINANCE Dar® ~ t
=-t--=---
Counry Council
FROM: LINCOLN S. T. ASHIDA\(~
Corporation Counsel ~1~1~
RE: Operating and Capital Budgets and Program Review
The purpose of this memorandum is to respond to the questions posed by the
Legislative Auditor, relative to the Corporation Counsel's proposed operating
budget.
32. Corporation Counsel sits on the County's Collections Task Farce to
address delinquent accounts receivables. The Financial Audit Report for
FY 2002 recommended that comprehensive policies and procedures'. for
collecting County receivables be developed. What is the status of the
comprehensive policies and procedures, what is the role of the Corporation
Counsel in its development and implementation, and has/will the policies
and procedures be publicly noticed? (This question may need to be posed
to Department of Finance or Environmental Management).
The comprehensive polices and procedures are not yet complete.
The Collections Task Force has been tasked with developing a broad general
policy for collection of receivables. Priority is given to collections of specific
accounts and ways to reduce the occurrence of unpaid receivables. Therefore,
as of this date, the comprehensive policy is not yet complete.
The committee will also assist in the development of collection procedures for
departments, which are more specific to their individual requirements.
Presently, the Committee does not intend on publishing the policy or procedures.
The committee discussed the requirements to put liens on property for delinquent
sewer fees. Since it is clear the Department of Water Supply will not be making
owners responsible and liening property, the Committee will explore doing it
without their participation. Z~ ~
Comm. No. S
Ref. To:
Re#. Date
The committee discussed and agreed there should be standard language in all
County contracts allowing the County to deduct from contract payments
whenever the vendor owes money to the County. The introduction of the FRESH
system will enable the Committee to cross reference vendors and accounts
receivable.
The Department of Environmental Management has implemented the
recommendation on limiting vendor participation in County contracts when the
vendors are in collection status. A solid waste trash hauling contract included in
the special provisions section that if the company was not current with their
tipping fees, the County would withhold payments, and apply the payments to the
outstanding account. The Department is exploring something even broader to
involve all county contracts.
Credit policies and procedures are being developed. Solid Waste does not
currently have the manpower to do credit checks as a regular procedure. They
will focus instead on more aggressive collections and consider shortening the
time period before balances are considered past due.
33. Have quarterly reports of all settlements been filed with the Council?
(Section 2-9, HCC)
No. The Corporation Counsel failed to file the quarterly reports.
Attached are the claim reports for calendar year 2003. (See Attachment "A")
We have since assigned specific personnel to complete this task on a quarterly
basis, so this will not happen again.
34. Family Support Division Program Objectives states: Collect a
minimum of $400,000 in delinquent child support payments.
What is the total amount of delinquent child support payments to be
collected? Does this total fluctuate much? Would a percentage of total
serve as a better measure, provided the total is known?
The total amount of delinquent child support payments to be collected is
unknown for the Island of Hawaii. However, for the State of Hawaii, the Child
Support Enforcement Agency records reflect a total outstanding child support
debt balance of $540,340,51.40.
The total fluctuates by a million dollars or more a year, depending on the
enforcement effectiveness of the offices statewide and the amount of obligors
failing to make the ordered child support payments.
2
A percentage of the total would not serve as a better measure. The Family
Support Division has no control of the total outstanding child support debt, as it is
a statewide figure. The more realistic amount is one based on the resources of
the division and the prior collection success of the office.
For fiscal year 2003 to 2004, the Family Support Division set a delinquent child
support debt collection goal of $400,000.00. As of March 11, 2004, the total
amount of delinquent child support payments collected totaled $191,705.71,
leaving a balance of $208,294.29 that the division will strive to collect by June 30,
2004.
One of the major obstacles in meeting the collection goal has been the lack of
CSEA delinquent case referrals from the CSEA, Hawaii Branch. Commencing
June 2001, it was agreed between the CSEA and FSD offices that Bea Ballo of
the Family Support Division would refer 30 FIDM cases per month to the CSEA
Hawaii Branch staff for review and case preparation. In turn, the Hawaii Branch
staff would send a minimum of 20 FIDM cases per month to the FSD office for
levy and garnishment. See attached memo. (See Attachment "B") However, for
fiscal year 2003 to 2004, the CSEA Hawaii staff has failed to send the minimum
20 collection cases for FIDM enforcement. Although for the period July 1, 2003
through February 29, 2004, a total of 181 cases were sent from the FSD office to
the CSEA office for FIDM case preparation, only 17 cases were referred to the
FSD office by the CSEA for FIDM collection. The CSEA Administration is aware
of this problem and has tried to address it. See attached memo from Julie
Duldulao. More recently, the CSEA Hawaii Branch supervisor has agreed to
direct his staff resources toward increasing the number of referred cases. Thus,
in the first part of March 2004, the Family Support Division received 7 FIDM
cases.
Another area that the FSD has relied on in meeting its collection goals has been
real property liens. The bulk of the monies collected in past due child support
have been in this area.
In all cases where there is a child support debt, a lien is filed with the Bureau of
Conveyances. In fiscal year 2001 to 2002, when the Family Support Division
exceeded its collection goal of $400,000.00 and collected $510,202.00, the
division had been successful in wllecting $99,000.00 from a real property lien
case that our attorneys had prevailed on appeal.
Currently, the real property market is booming. The Division is focusing their
efforts in increasing collections in this area. As of last week, it was agreed
among Keith Yamanaka, the statewide APB Supervisor, George Moore, the
CSEA Hawaii Branch supervisor and our Division head that the title companies
would be notified whenever a child support lien appears on their title report, the
demand statement would be directed to Bea Ballo of the FSD office.
3
Procedures as to the assignment and distribution of these cases are being
developed.
35. Counseling and Drafting Division Program Objectives-Development
of a Risk Management System (Six-Month Progress Report on Program
Objectives for FY 2003-2004) says "Our oflrce manager is also in the
process of assembling data for the creation and funding of a permanent
risk manger position for the County, together with the necessary support
staff."
What data is being assembled? What is fhe projected timeframe for
completion? When might this be incorporated into the budget?
Attached is the data. (See Attachment "C")
The County administration has resurrected the risk management committee. A
meeting is scheduled for March 22, 2004, at the Corporation Counsel's Office. A
timeline for submission of a formal recommendation to the Mayor and Council will
be developed at this meeting. It will also be decided at this meeting when the
additional proposed positions will be incorporated into the budget.
cc: Honorable Harry Kim, Mayor
Constance R. Kiriu, Legislative Auditor
S: Departments/Corp CounseVLSA Misc. Corresp./Memo to Council re questions re budget 3-11-04/LSAmr
4
ATTACHMENT "A"
CLOSED CASES
JANUARY -MARCH 2003
CLAIMANT/ DATE OF DESCRIPTION TYPF, DISPOSITION AMOUNT AMOUNT
CASE NAME INCIDENT PAID RECD
SUN VISION 12/12/00 County employee cutting GL No claim filed -0- -0-
CABLE trees caused branch to snap against County
cable off claimant's line
LUCHETTA, Dean 10/14/02 Waikoloa Rd., truck fell GL No claim filed -0- -0-
into trench a ainst Count
DONNERT, Manfred 10/22/02 Claimant's new car GL Claim denied -0- -0-
sprayed with oil and tar
from resurfacin road
TANAKA, Yasuoki 6/21/02 Tree fell on power line; GL Claim denied -0- -0-
power cable fell on car
causin dama a to aint
MAKIL, Gabina 12/2/01 Officer Calvin Sasaki GL Claim is in suit -0- -0-
struck pedestrian who was
fatall wounded
EDWARDS, Ed 8/12/02 County police backed up GL Claim against -0- -0-
into passing truck, causing HPD insurer, not
dama a to assen er door Count
DAVIS, Jazed 11/2/00 County driver reversed into VSI Statute of -0- -0-
claimant'sparked vehicle limitations
ex fired
DWYER, Robert & 1998 - Tax assessment on non- GL Claim settled $1,486.65 -0-
Diana 2001 existing building for 14
years as a result of
Building Dept. issuing a
notice of com letion
THUNDERFOOT 8/24/01 Bison damaged cattle gate GL Claim denied due -0- -0-
OF THE NATNE because it was spooked by to insufficient
AMERICA CENTER the Green Harvest evidence
helico ter
LEE, Barbara 1/16/02 County vehicle struck her VSI Claim denied -0- -0-
car's left rear corner at the since damage
Kailua Transfer Station as cannot be
she attempted to leave the attributed to
station negligence of
Count em to ee
LINDSEY, Monica 2/1/02 County driver, Chris VSI County will not -0- -0-
Miyao, reversed and struck pay for legal fees
claimant
NASCIMENTO, 3/8/00 Suffered injury as she VSI Claim denied -0- -0-
Catherine entered van
PASAMONTE, Julio 11/28/00 HPD officer misjudged VSI Claim denied -0- -0-
road width when executing
u-turn and drove vehicle
into ditch
CLAIMANT/ DATE OF DESCRIPTION TYPE DISPOSITION AMOUNT AMOUNT
CASE NAME INCIDENT PAID RECD
ATONIO, Fautino 8/7/01 County employee assisting VSI Claim settled $70.00 -0-
passenger ofcounty
vehicle, could not prevent
her from falling outside the
vehicle
JEYTE, Albert & 5/16/02 Rock damaged windshield VSI Claim settled $520.59 -0-
Loma of count vehicle
DE MELLO, 5/22/02 Car crossed middle line, hit VSI Claim settled $392.00 -0-
Ra and count vehicle
DIAS, Stanley 8/10/02 County vehicle driven by VSI Claim settled $2,489.66 -0-
volunteer of HFD (James (County Council
Millar) lost its brakes and Approval
rolled downhill hear 10/23/02)
Paauilo Park. Collided into
arked ick u truck
SHIIGI, Glenn H. 11/2/00- Flood claim; property GL Claim denied -0- -0-
11/3/00 located at 1008 Ulama
Place
KRAUSS, Peter 1/13/01 Defendant damaged county C Insurance carrier -0- -0-
vehicle door when he for police
kicked and jammed it subsidized
during an arrest vehicle can seek
recove
SUBICA, Geraldine 12/29/00 Gate at Old Kona Airport BI Statute of -0- -0-
fell on her legs Limitations
eroid has assed
CUMMINGS, 2/4/02 HPD Officer struck GL Subsidized motor -0- -0-
Kamekona pedestrian vehicle has
insurance policy
with Crum &
Foster
SARAGOSA, Patrick 1/27/03 Saragosa struck by truck in Report found -0- -0-
crosswalk Count not liable
MAKANUI, Charles 10/7/02 Flood Damage of 11/1/00 County not cause -0- -O-
at 560 Ainako Ave of flood
KALUA, Roger 7/29/02 HPD Officer drove into PD Subsidized Police -0- -0-
chain gate Vehicle, but
County did not
notice that
ribbons removed
from chain
PAULINO, Christine 10/11/02 Cnty truck carrying back- Denied Claim -0- -0-
fill fell onto windshield
causin it to crack
CATS, Candace Claimant alleges Fraud and Denied Claim -0- -0-
Malice b HPD
HINK, Mary 9/12/01 Pressure Washer stolen C Recovered for 1,800
from Honokaa Park dama es for loss
of pressure
washer
LOWELL, Talia 1/2/02 Reversed sametime as PD Denied Claim -0- -0-
County driver in parking
lot at Kona Coast Medical
Center
NODA, Darryl 1/2/02 (Same as Lowell claim) PD Denied Claim -0- -0-
Noda was the County
Driver
JARDINE, Rodney & 8/30/00 County Employee rear- PD Propery Damage 3,000 -0-
Regina and ended a stopped vehicle on Settled
Christopher (minor State Highway (Council
child A royal )
ESPINA, Demetria 6/9/02 Claimant tripped on BI Paid Claim 3,000 -0-
sidewalk on Haili St and (Council
cut her right hand on the Approval
powerpole while trying to 2/20/03)
catch herself
HECHT, Chris 6/1/02 Higashihara Park, minor BI Paid Claim 1,874.62 -0-
child wandered away from (Council
party and broke toe on a Approval 1/8/03)
defective playground
e ui ment
WESSELL, Henry & 2/5/98 Surplus monies from RPT Claim Denied -0- -0-
M K. tax sale
BACHILLER, 5/2/98 Stepped into hole on BI Filed Civil Suit -0- -0-
M ~orie Mililani Street
RASMUSSEN, 10/10/98 Hapuna Beach-Accident BI Filed Civil Suit -0- -0-
Estate of Cazol
AMUNDSON, Steve 1/1/03 Left front end of car struck PD Claim Denied -0-- -D-
ole
KRAUSS, Peter 1/13/01 County Vehicle door C Statute of -0- -0-
damaged when kicked Limitations Ran
durin an azrest
VIDINHA, Christine 6/14/02 Slip/Fall at 2002 State Close, No -0- -0-
Senior Citizens Bowling Liability
Tournament Award
Ban uet at Nani Mau
ISHII, Arnold 11/16/00 Stopped in Traffice rear- PD Civil Suit Filed -0- -0-
ended b Count Vehicle
RAMII2EZ, JESSE 1 /4/02 Turned into HPM in PD Denied -0- -0-
Shipman Industrial Park in
Keaau, a spike sticking out
of the ground, that use to
hold the "Speed Limit
Sign" damaged Claimant's
care fire
Legend For Type Column Total Cases Total Paid
TOTAL CASES CLOSED: 40 GL = General Liability 26 $9,367.27
TOTAL AMOUNT PAID: $15,633.52 VSI= Vehicle Self-Insurance 9 3,427.25
TOTAL AMOUNT RECD: $1,800.00 C = Collections 3 1,800.00
NV = Non Vehicular -0- -0-
NT = Non Tort 1 -0-
L = Litigation 1 1,000.00
S:claims~2003 Reports to Council
Litigation• January 2003 to March 2003
Third Quarter-Payments of $1 500 or Less
Case Name & Nature Progress County Response Prognosis
Civil No.
Kakalia v. County of Civil Rights, Federal District Mediation Paid
Hawaii; Civil No. 01- Sought Court granted $1,000.00
1-0343 return of motion for
monies Summary
Judgment,
Appeal filed.
EXHIBIT "C"
CLOSED CASES
COUNCIL REPORT INFORMATION
4NI03 TO 6130103
Date of Anaunt Amount
GalmanUCase Name Inddent Description Disposition Type Pafd Recovered
ARAKI, JAMES 6!3/02 DWS Employee Dennis DWS ISSUED SUB $3,345.77 $0.00
Inouye failed to stop at CHECK for
the STOP sign at the payment
intersection of Mohouli
and Kukuau Intersection
ARAKI, JAMES 6/3/02 DWS Employee DUPLICATE
Operating Ccunty Vehicle FILE REF 03-14
failed to Stop at STOP
sign on Kukuau/Mohouli
Street Intersection
BOSCH, SCOTT 8/29/02 County employee Bryon $8,187.10-Scott BI $8,187.10 $0.00
Rillon driving a rented Bosch and PD $6,018.48 $0.00
Harper Ford Cargo Van Liberty Mutual
rearended Bosch who in $6,018.48-
return rear-ended Sheila Harper Rent-A-
Buckley Car County
Council Approval
4/5/03
BOUDREAUX, 8/22/02 County employee Harold CLAIM PAID 11-
RICHARD MICHAEL Aiona reversed into 10-02 AMOUNT
Claimant's car at Hale $300.00
Beach State Park in
Pohoiki
CABRAL, NEIL 12/31/01 Cabral's Vehicle was CLOSED -Per
damaged when a branch conversation w/
from a tree fell as he Insurance Co No
drove on the Mamalahoa subrogation
Hwy potential
CASUGA, 12/20/02 County driver PD $0.00 $1,070.78
PEARLINE for approaching intersection
KALAI LLANES on Queen K Hwy, was
rear-ended by Kalai
Llanes
DIMOND, GARY L. 1/24/03 Parked at Honokohau claim paid PD $629.60 $0.00
Harbor claims County
employee reversed into
his truck, damaged bed,
upper door and pillar post
DISTRICT COURT 2/7/03 $363.00 in cash lost at S. case closed O $363.00 $0.00
OF THE THIRD Kohala Police Station payment made
JUDICIAL CIRCUIT (Bail monies posted)
Page 1 of 2
Date of Amount Amount
ClaimantlCase Name Inddent Description Disposition Type Paid Recovered
GREENE, 5/1/02 Payment for Recovery of O $80.00 $0.00
MADELINE K. Fender Guitar
KANEMITSU, 9/14/02 Ambulance while Council Approval PD $2,674.66 $0.00
CYRIL & MARGIE reversing into driveway, on 1/23/03
lifted roof-top of garage
while on 911 call to
Kanemitsu's home
MARTIN, WARREN 9/7/02 While travelling on Route $500.00 to O $2,095.48 $0.00
8 TODDY 132 between mile Toddy Martin PD $500.00 $0.00
markers 1 and 2, large $2,095.48 to
branch fell and landed on Hartford
hood of car Insurance
Council Approval
3/19/03
MATTOS, JOHN H. 10/23/02 Claimant's front end of DENIED PD $0.00 $0.00
truck was damaged when
fell into hole caused by
damaged water meter
PACIFIC RENT-ALL 1/21/03 While traveling on claim paid/ PD $4,619.40 $0.00
Railroad Ave, Cnry Council Approval
Vehicle's tire came loose 412/03
and damaged Claimant's
Honda Accord
SANCHEZ, JOHN 12/11/02 Claimant's car damaged PYD $851.87 $0.00
WILLIAM while parked on DWS
property by tree that fell
on it
VERIZON 10/16/02 County employee Odani DENIED (Not PD $0.00 $0.00
struck down Verizon pole County
(P5) on Manono Street employee)
Total Closed Claims: 15 TYPE TOTALS: Total Cases Total Amt Paid Total Amt Recd
Legend Far Type Column 0
BI =Bodily Injury Bodily Injury 1 $8,187.10 50.00
COM =Comprehensive
NFB = No-Fault eeneft Other 3 $2,538.48 $0.00
o =other Physical Damage 1 5851.87 50.00
PD = Property Damage Property Damage 8 $14,442.14 $1,070.78
PYD = Physical Damage
sue =subrogation Subrogation 1 $3,345.77 $0.00
REPORT TOTALS: 14 $29,365.36 $1,070.78
Page 2 of 2
, ~
CLOSED CASES
COUNCIL REPORT INFORMATION
7/1/03 TO 9/30/03
Date of Amount Amount
ClaimanUCase Name Incident Description Disposition Type Paid Recovered
ALVARO, 4/28/03 Hit fire against curb claim paid PD $326.54 $0.00
KA'OHINANI KWAI (which was overgrown
LAN with grass) puncture fire
and scratch rim/06-04-03
photo's of damaged rim
and lehua St
done/claimant & witness
interview
completed/"need to
recontact DPW re: written
report if County road and
trimming report
- g -
ARRUDA, 12/10/02 Travelin west on Ainaloa closed: no
MITCHELL JAMES Drive, debris on road. further action
Claimant lost control of see investigators
car and struck the flood comments
embankment.
CASH FERGUSON, 2/27/03 DRIVING WEST ON claim paid PD $544.32 $0.00
MADELEINE PALANI; STOPPED AT
LIGHT BEHIND HFD
RESCUE VEHICLE. FIRE
EXTINGUISHER FELL
OFF OF TRUCK, HIT
CLAIMANTS BUMPER
CAUSING DAMAGE.
RESCUE TRUCK
DROVE OFF WEST,
UNAWARE OF WHAT
OCCURRED.
FIGUEIRA, 3/3/03 Officer Letulle ran Stop DENIED PD $0.00 $0.00
SHIRLEY sign at the 4-way Stop at
KomohanalKawailani -
GALI, 8/13/02 Video Camera being CLAIM PD PD $563.54 $0.00
CHRISTOPHER D. installed at Radio Shop at
HPD and the roof of his
car was damaged
HILL, THOMAS G. 4/7/03 County Dump Truck DENIED
pulling County Trailer
2208 threw up rock onto
Hill's windshield
HULAMA, 2/13103 While pulling out of DENIED PD $0.00 $0.00
STANFORD KAY Aupuni Center parking lot
SR. scraped the parking meter
pipes
Page 1 of 3
Date of Amount Amount
ClaimantlCase Name Incident Desaipfion Disposition Type Paid Recovered
KAMINSKI, MARK A. 3/5/02 Claimant's vehicle was DENIED O $0.00 $0.00
boken in to while parked
at the Hilo Lagoon
Centre. Stolen itmes
include: Kenwood
portable ham radio,
Uniden scanner, black
Audiovox cellular phone,
black rechargeable
spotlight, briefcase
containing liquor control
forms, and a black and
silver Minolta micro
cassette recorder.
KAPCHINSKE, 8/1/01 Cnty vehicle rear-ended PD $729.00 $0.00
MICHAEL A. claimant's car damaged
bumper
KIM, YOUNG R. 8/20/02 Cnty Employee rear- Council O $372.30 $0.00
ended Lee while in traffic approved on SUB $2,879.96 $0.00
at Puainako/Kilauea 1019/02
Streets
LAMB, WILLIAM 414/03 Police attempted to enter DENIED PD $0.00 $0.00
apartment as tenant was
using illegal substances.
Tenant refused to open
door, police officers
broked-in.
LEE LOY, LESLIE & 11/1/00 Flood damage to home DENIED
TARYN and contents. Due to run-
off, negligent design,
maintenance of and
construction of run-off
systems, overflowing
drainage systems.
MARKON, 7/14/03 DWS hired contractors to CLAIM PAID PD $199.80 $0.00
ELIZABETH cut shrubbery & tree's
enroaching DWS property
tank site. Contractor's
had cut outside of fence
into Elizabeth Markon's
property. (3) Trees were
cut: (1) Monkeypod and
(2) Diffenbachia.
MORLOCK, 6/3/03 While travelling on Keaau- DENIED
PATRICIA W. Pahoa Hwy gravel came
off of "Island Delivery"
truck damaged her
windshield
Page 2 of 3
Date of Amount Amounl
CWimant/Case Name Incident Descriptlon Disposition Type Paid Recovered
PIIANAIA, 5/9/03 Car parked at Honolii claim paid PD $944.58 $0.00
GORDON H. Beach Park, Palm Frond
fell onto car and dented
roof
SUYAMA, ESTHER 10/30/02 DPW paving Kapiolani CLAIM PAID O $75.00 $0.00
Street, police officer
indicated to Claimant OK
to drive out onto Kapiolani
St. Claimants car
damaged by fresh oil and
tar
TETER, MASON 4/17/03 Travelling on Railroad DENIED PD $0.00 $0.00
ELLSWORTH Avenue, crossed bridge
on Railroad Ave and
struck a platform on the
road and damaged
transmission assembly
and oil pan
VELASCO, 3/27/03 Employee exiting the CLAIM PAID PD $500.00 $0.00
ADELAIDE County Van (CH-1361) at
the County's Motor Pool
to fuel CH-1361 when she
slipped and fell. Her Jade
Bracelet broked in 4
places when she fell.
Total Closed Claims: 18 TYPE TOTALS: Total Cases Total Amt Pald Total Aral Reed
Legend For Type Column 0
BI =Bodily Injury Other 3 $447.30 $0.00
COM = Comprehensive
NFB = No-Fault Benefit Property Damage 11 $3,807.78 $0.00
o =other Subrogation 1 $2,879.96 $0.00
PD = Property Damage
PYD =Physical Damage REPORT TOTALS: 15 $7,135.04 $0.00
SUB =Subrogation
Page 3 of 3
CLOSED CASES
COUNCIL REPORT INFORMATION
10/1/03 TO 12/31/03
Date of Amount Amount
Claimanf/Case Name Incident Descdption Disposition Type Paid Recovered
ALCAIDE-HALMAS, 8/11/01 Fell into a pothole in DENIED BI $0.00 $0.00
KELLY Kailua View Estates
Subdivision on Aloha
Kona Drive. Injured left
ankle and left knee which
resulted in a left knee
surgery due to the pothole
fall.
BLACKWELL, ROY 6/28/02 Claim against County of
W. & JILL B. HI is one of "negligence".
The planning director
approved subdiv.(sub
6390-Revised) w/o
approval of chief engineer
of the DPW, which is
mandatory under
Ordinance 93-78.
DE LIMA, THOMAS 7/13/01 While being hand-cuffed DENIED BI $0.00 $0.00
TONY by Narcotic Agent claims
his right arm and shoulder
was injured
DEPONTE, 5/14/03 While crossing street in DENIED BI $0.00 $0.00
ELIZABETH B front of Keaau Post
Office, tripped and fell
DEWEY, ROBERT 9/10/03 Coconut fell from tree Claim Paid PD $50.00 $0.00
E. onto clmt's 92' Buick
RoadMaster, damaged
center of windshield. 2" in
diameter & 2 horizontal
cracks in windshield.
DIEGO, ROBERT 11/14/02 County Helicopter landed DENIED PD $0.00 $0.00
MENDIOLA in front of his residence, a
take-off gusts from the
helicopter lifted a tent
causing it to damage
vehicle
Page 1 of 3
Date of Amount Amount
Claimant/Case Name Incident Description Disposition Type Paid Recovered
FILKINS, RAY A. 7/29/03 Mower (CH 223), was claim paid PD $679.16 $0.00
mowing on side of
roadway, rock flew & hit
the top of claimants
vehicle. Was stopped 200-
300 ft. back of mower,
waiting for clear signal
from flag person (Hope
Kealoha).
_ -
FLEMING, BEN 12/8100 Order fr. Court to return re-opened 03-10- O $0.00 $0.00
vehicle 1966 silver Nissan 04
p/u truck. Vehicle seized closed - no claim
by HPD-deemed for vehicle filed
abandoned--unable to w/ county clerks
locate claimants truck. office
ISHIKAWA, LLOYD 2/24/03 Driving behind of CH CLOSED: PAID PD $260.41 $0.00
T. 1763 (Rubbish Truck)
paint splattered onto MV.
MALY, IRMALEE 5/29/03 While walking at 5:30 am DENIED BI $0.00 $0.00
ONAONA on Pauinako Street
sidewalk, fell and hit face,
injured knees and index
finger and thumb
NAKASHIMA, 8/12/03 Traveling behind CH 2450 PAID PD $299.66 $0.00
KENNETH YUKIO between Kawailani &
Kahaopea, object flew
from transfer truck onto
claimant's front windshield
causing a quarter size
crack.
PHILLIPS, 11/4/02 DWS damaged CLOSED
CATHERINE customers residence
control box
- -
RAPOZA, CANDICE 7/17/03 Traveling west along claim paid PD $734.46 $0.00
Waikoloa road, windshield
was struck by rock that
was ejected from County
lawn mower being
operated on west bound
shoulder by County
employee.
SAUNDERS, 7/8/03 Claimant ran over a pole DENIED PD $0.00 $0.00
TYRONE AVERY which was sticking out of
the ground at Kaumana 7-
11 store. Claimant's fire
went flat.
Page 2 of 3
Date of Amount Amount
Claimanf/Case Name Inddent Description Disposition Type Paid Recovered
SERRAO, 9/30/03 Police Radio Shop PAID PD $1,068.51 $0.00
NORBERT A., JR. installing a Video Camera
System in Gmts police
subsidized vehiGe. On 10-
13-03 noticed that a bolt
used to secure the VCR
in trunk had been
screwed into the fuel tank.
STEVENS-RAM, 9/1/03 Branch fell from Carlsmith Claim Paid PD $425.09 $0.00
WENDY K. Beach Park into parking
lot of private condo
complex. Broke clmt's
passenger rear view
mirror & denting door.
SUNAOKA, 7/7/03 Tree snapped at base, CLAIM PAID PD $1,116.46 $0.00
RODNEY branches fell onto cable &
phone wires. Also
damage to iron roof and
gutter.
Total Closed Claims: 17 TYPE TOTALS: Total Cases Total Amt Paid Total Amt Recd
Legend For Type Column p
BI =Bodily Injury Bodily Injury 4 $0.00 $0.00
COM =Comprehensive
NFB = No-Fault Benefit Other 1 $0.00 $0.00
O =Other Property Damage 10 54,633.75 $0.00
PD = Property Damage -
PYD =Physical Damage REPORT TOTALS: 15 $4,633.75 $J.00
SUB = Subrogation
Page 3 of 3
ATTACHMENT "B"
03/11/2004 16:23 1-008-961-0624 COH CC FSD HILO PAGE 84!06
HAWAII COUNTY FAMILY SUPPORT DMSION FIDM CASE REFERRAL AS OF FEBRUARY 29, 2004
ES
2001 FSD TO CSEA CS TO FSD 2002 FSD TO CSEA TO FSD
JUL 34 2 JUl 30 18
AUG 31 3 AUG 32 10
SEP 18 4 SEP 0 2
OCT 33 3 OCT 0 1
NOV 30 6 NOV 0 9
DEC 34 8 DEC 28 2
zooz 2ooa
JAN 33 9 JAN 39 7
FEB 21 15 FEB 0 0
MAR 0 6 MAR 31 1
APR 0 1 APR 26 0
MAY 32 7 MAY 30 2
JUN 30 B JUN 31 3
TOTAL 287 88 TOTAL 248 53
~ OF CA ES
200a FSD O CSEA CSEA TO FSD 2004 FSD TO CSEA A TO FSD
JUL 30 0 JUL
AUG 0 2 AUG
SEP 30 8 SEP
OCT 30 2 OCT
NOV 30 0 NOV
DEC 0 1 DEC
2004 2005
JAN 31 1 JAN
FEB 30 3 FEB '
MAR MAR
APR APR
MAY MAY
JUN JUN
TOTAL 181 17 TOTAL 0 0
03!11/2004 16:23 1-808-961-0624 COH CC FSD HILO PAGE 05/06
Oaraldlne Hasegawa fHILO FSD)
To: Arnold S. Enokl IOAHV CSEA2); Julie Duldulao (OAHU CSEA2)
Cc: Georgs A. Moore (HIlO CSFAI' Beatrice Bello (HI~O FSD); Anson K. Lee (NIlO FSD?;
Margaret Masunege IKONA FSD)
Subjeot: Monthly FIDM goal for Island of Hawaii
George and I are in agreement that the Island of Hawail will open end process a minimum of 20
FIDM cases each month, commenoing June 2001.
' Beatrice Ballo of the Family Support Division office will send a minimum of 30
FIDM cases with HAJIS printouts to George Moore's office. George Moore'a staff, in tum, will elean up,
certify and send a minimum of 20 FIDM cases to the Family Suppott Division office for levy and
garnishment.
Thank you fo
esW
eistance in thic matter.
Page 1
03/11/2084 16:23 1-008-961-8624 COH CC FSD HILO PA(~ 05106
Geraldine Hasegawa (RICO FSD)
II
From: Julie Duldulao (OAHU CSF.,42)
Sent: Friday, September 12, 2003 12:41 PM
To: MlChael Steele (OAHU AO); Akon IGagawa ((OAHU CSEA); Ann Nakaura (OAHU CSF.A);
Geraldine Hasegawa (RICO FSD)); George A Moore (RICO CSEA); Wayne shlmizu (KAUAI FSD);
Jett Tokne (KAUAI CSEA); Vjdorta Takayeau (MAUI CSEA); Markna Q.F. Young (MAUI CSF~4)
Cc: Amokl S. Fsoki (OAHU CSF~12)
9ub]ect FIDM COLLECTION
Importance: High
Hi Ali,
Our FIDM coliectbn as a whole Is extremely low compared to prevbus years. I have taken two years for
comparison purposes. Since 1999, we take pride In meinteining our position to bs the model atabe in oCSE's
FIDM program. As You see, the colketion figures have gone done tremendously. I solicit your help and
assistance to continue the ef7ectlvaness of the FIDM program. Tha funds are absolutely them for our
kids, lot's make k works
Thank you.
Julie
2003 (Pe~od: January - Augustl
CRD S 722,021.93 S 163, 010.00
MAUI 271,658.21 -0-
BIOISLAND 135,799.97 65,700.00
KAUAI 69,588.00 41,506.00
f1,199,068.10 S 260,216.00
Pape 1
ATTACHMENT"C'
RISK MANAGEMENT
What is risk management?
Risk management is "using common sense to prevent accidents, injuries, and oversights." It is a discipline
for dealing with the possibility that some future event will cause harm. It provides strategies, techniques,
and an approach to recognizing and confronting any threat faced by an organization in fulfilling its mission.
By identifying risks and implementing an action plan to address them, public entities can protect their
financial stability and their ability to provide services. Because risk is inherent in most productive activities,
even the most conscientious efforts cannot eliminate all risk, but the impact of risk on their operations can be
reduced.
Risk management may be as uncomplicated as answering three basic questions:
• What can go wrong?
• What will we do (both to prevent the harm from occurring and in the aftermath of an "incident")?
• If something happens, how will we pay for it?
t
What is the risk management department responsible for?
The department may manage litigation, coordinate safety programs, and undertake the complex analyses
required to set monetary reserves for future claims. The functions of continuous risk management would be
to:
Identify: Search for and locate risks before they become problems.
Analyze: Transform risk data into decision-making information. Evaluate impact, probability, and
timeframe, classify and prioritize risks.
Plan: Translate risk information into decisions and mitigation actions (both present and future), and
implement those actions.
Track: Monitor risk indicators and mitigation actions.
Control: Correct for deviations from the risk mitigation plans.
Communicate: Provide information and feedback, internal and external to the project, on the risk activities,
current risks, and emerging risks.
Developine a Risk ManaECment Proeram
The first step in creating a risk management program is to identify and establish the purpose for creating a
risk management program. It may include items such as to reduce the cost of insurance and/or financial
losses, minimize interruption of vital County services, provide a safe environment for the public and
employees and reduce the number and cost of accidents.
The next step would be to designate an individual or team responsible for developing and implementing the
organization's risk management program. The team would be principally responsible for the risk
management plan, while successfully integrating risk management within all levels of the organization.
2
County personnel from management on down to regulaz employees should assist in identifying risks and
managers and/or supervisors should develop suitable loss control and intervention strategies.
Insurance and Risk Management
When losses do occur, organizations must pay for them somehow. Insurance is one of many methods
available for financing losses. However, insurance does nothing to prevent a loss from occurring. The least
costly accident in terms of time, money, and morale is the one that never happens. Practicing risk
management is living with the commitment to prevent harm.
Any misstep or event that brings negative attention to the organization can have a lasting impact on an
organization's ability to fulfill its mission. The success of most nonprofits depends on the support of the
public (volunteers, members) and risk management is an effective way to help maintain the public trust.
The Role of the Risk Management Department
The risk management department would oversee the execution of a five-step risk management process:
1. Acknowledge and identi risks. The operation of any organization involves some degree of risk or
uncertainty of future events. The first step would be to idenfify these risks. These may include a
very wide variety of incidents, such as someone slipping on a wet floor, vehicular accidents, injury
while playing at a park, accident while performing job related duties, etc. No matter how improbable
a risk may seem, if the organization can envision an incident happening, this should be listed during
the first stage of developing a risk management program.
2. Evaluate and Drioritize risk. Assessment of the probability of each risk becoming reality and
estimating its possible effect and cost to the County would be the next step. Past accidents and near
misses should be evaluated. Checking with similaz organizations that have developed a probability
and cost estimate should be looked at. Also take into consideration the possible public reaction to an
adverse event. Priority azeas of wncem will include those risks that aze most likely to occur and aze
very expensive when they do happen. Lower priority risks are those that seldom occur and are not
likely to cost as much when they do happen.
3. Decide how to mana~your risks. using risk management strategies.
Development of a written plan, which outlines how the organization will manage its major risks, is
the next step. The plan should describe the suggested strategy or combination of strategies that the
organization will employ. The four basic strategies for controlling risk are:
• Avoidance. Do not offer or cease to provide a service or conduct an activity because it is
considered too risky.
• Modification. Change the activity so that the chance of harm occurring and impact of potential
damage aze within acceptable limits.
• Retention. Accept all or a portion of the risk, and prepaze for the consequences.
• Sharing Risks. Consider sharing the risk with another organization. This may include
purchasing insurance or sharing responsibility for a risk with another service provider through a
contractual arrangement.
• Implement The Plan. Once the appropriate governing body or management personnel has
reviewed the plan, the agency should formally adopt and implement it. This would involve
3
distributing and explaining the plan to everyone affected by it. Employees and volunteers may
need training to enable them to meet their specific risk management responsibilities.
• Review And Revise Plan As Needed. The County must adapt to changes such as funding
constraints, new services to address public needs, and the establishment of new laws. The Risk
Management Department needs to evaluate its strategies at least once a yeaz and evaluate the risk
management plan to ensure its continued relevancy, comprehensiveness and effectiveness.
Having a risk management committee that meets periodically can help ensure that the issue of
risk management receives ongoing attention. In evaluating the effectiveness of the program,
answers to various questions should be reviewed, such as: Have the risk management techniques
had the desired impact? Were injuries or accidents reduced? Did the program have a positive
effect upon insurance requirements? Are greater or fewer resources available for controlling
risks? Are revisions necessary to achieve the desired impact?
The basic steps of risk management would be:
Identif?cation: Identifying services and assets that could cause a loss to your local government.
Evaluation: Placing values on potential losses by determining how frequently a loss is likely to occur and
how severe it could be.
Treatment: Examining ways to handle risks by securing insurance coverage, preventing accidents,
minimizing losses after an accident, and exploring ways to manage uncovered losses financially.
Selection and Implementation: Choosing and putting into practice the methods selected to deal with risks.
Program Monitoring: Overseeing the results to ensure the program is effective.
Benefits of Risk Mana¢ement
More effective use of public fimds-instead of paying medical claims, liability suits, and property damage,
put dollazs towazd public programs and services.
Decreased costs and increased productivity-preventing worksite accidents and injuries reduces medical
expenses, as well as costs related to lost work days, replacement workers, etc.
Reduced losses from natural disasters, lawsuits, and other unexpected occurrences.
Identification of exposures you may prefer to cover through means other than insurance~r avoid
completely.
Increased potential for economic development and rural revitalization resulting from improved efficiency
and effectiveness.
4
Establishing a Written Risk Management Policv Statement
A written policy statement is an effective tool for communicating the purpose of the risk
management role to others throughout the organization. It also identifies specific actions
that employees can take to contribute to and help promote the organization's overall
efforts.
A risk program is more likely to succeed if it is based on a policy statement endorsed by
the governing body or chief executive officer or mayor. A strong policy statement
would: (1) define risk as a priority for all employees, (2) empower a risk team to identify
risks and develop a plan to address them, and (3) require the participation of all
operational departments. Although the policy statement should be distributed throughout
the organization, it is particularly important to communicate risk policy to department
heads or others who will be asked to contribute resources (primarily manpower or
employee time).
Advantages of a Written Statement
• Establishes the general goals and objectives of the risk management function within
the organization
• Defines the duties and the authority/responsibility relationships of the risk
management department
• Coordinates the treatment of loss exposures on a reasonably standardized basis
among the various departrnents
• Establishes and/or improves existing communication changes and management
information systems within the organization
• Provides for program continuity and facilitates a smoother transition during changes
in administration and/or personnel
The policy statement is a continuing guide and would be especially helpful to new
employees. Furthermore, for the risk management professionals and staff, a written
statement:
• Provides the framework for assessing responsibility for controlling and/or financing
loss expenses
• Emphasizes the importance of the risk management function
• States the position of the risk management department within the overall
organizational chart
t
Contents of a Written Statement
The risk management policy statement:
Begins with a general description of risk management and its importance to the
organization
Discusses the position of the risk management department within the overall
organizational structure
Defines reporting relationships
Outlines the scope of the authority and responsibility of the risk management
professionals in dealing with others within the organization
May describe the internal structure of the risk management department
Clearly states senior management's objections for making appropriate use of risk control
and risk financing techniques
Specifies particular decision rules for various risk management techniques, depending on
the level of detail the organization typically uses in policy statements regazding other
fimctions
2
COUNTY OF' HAWAII
DEPARTMENT = FINANCE
P RO C E D U R E S MAN U A L- RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
I. Risk Management is a planned approach to protecting the County from
loss.
II. The objectives of the County of Hawaii's risk management orogram are•
1. To protect County assets.
2. To minimize the interruption of vital County services.
3. To provide a safe environment for the public sad employees.
4. To reduce the cost of accidents and other financial losses.
III. Risk Management Policv
The County of Hawaii shall endeavor to reduce the risks of accidental
losses or other financial losses which is the aggregate during any
fiscal year would significantly affect personnel, property, the
budget, or the ability of the County to continue to fulfill its
responsibilities.
The County of Hawaii will apply to risks of accidental loss the risk
management process, which includes a systematic and continuous
identification of loss exposures, the analysis of these ezposures in
terms of frequency and severity probabilities, the application of
sound risk control procedures, and the financing of risk consistent
with financial resources.
Za recognition of its financial resources sad the spread of its
physical assets, the County will accept retention of uninsured losses
of less than approzimately one-tenth of one (O.1S) percent of the
annual budget and accept retention of catastrophic loss in excess of
approximately ten (lOt) percent of the annual budget; losses between
those limits shall be controlled by the purchase of insurance,
consistent with availability of coverage and reasonableness of
premium cost in relation to perceived risk, probability of loss and
generally accepted industry practices.
EFFECTIVE DATE: REVISION NO.: PAGE OF SECTION-CODE-APPENDIX
1 8
COUNTY 01= I-IAWAII
DEPARTMENT = FINANCE
P R O C E D U R ES M A N U A L- RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
IV. f}e~^~^r,e ^r Risk Management
1. Identification of exposures - a continuous discovery process to
identify County resources and the loss exposures that could
affect them materially.
2. Analysis of risk - a continuous process to measure financial
impact of loss exposures by analyzing past loss frequency and
severity, and by estimating future loss frequency and severity.
3. Control of risk - the planned and coordinated program to
eliminate or reduce losses and risks by the methods of avoidance,
transfer or retention.
4. Funding of risk - the provision of sufficient funds to pay for
losses by the most effective use of County resources, including
. the purchase of insurance.
5. Administration of risk management program - the development of
personnel and an administrative management program to effectively
use County resources.
V. Respsnsibilitie~
1. Aqeacy heads, other officers and supervisors shall be primarily
responsible for carrying out the County's risk management program
by:
a. Identifying and analyzing the probable financial impact of
exposures within their areas of responsibility and interest.
b. Taking appropriate action to avoid or minimize loss which
might result from identified exposures.
c. Reporting all loss exposures as well as actual losses,
accidents or incidents occurring is their area of
responsibility and interest.
d. Assisting in carrying out the County's risk management
program.
EFFECTIYE DATE: REVISION NO.: PAGE OF SECTION-CODE-APPENDIX
2 8
COUNTY 01= HAWAII
DEPARTMENT ~ FINANCE
PROCEDURES MANUAL - RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
2. A risk management committee for the County of Hawaii is hereby
established.
a. The committee shall consist of the managing director, the
finance director, the corporation counsel, the safety
coordinator, sad the risk manager, who shall be designated by
the committee and shall be a civil servant to maintain
continuity of the program.
b. The risk management committee shall establish, coordinate and
maintain a county-wide risk management program. it shall
formulate a program for the elimination or reduction of loss,
including the purchase of insurance.
c. The risk management committee shall arrange periodic risk
management reviews and audits of claims and other
administrative programs.
3. The Director of Finance shall establish, coordinate and maintain
a county-wide risk management program and, xith the risk manager
and assistance from other officials, shall:
a. Analyze the cost of insurance services.
b. Monitor cost to determine cash flow advantages.
c. Build reserves to support retained risks.
d. Obtain loss probability and actuarial studies to determine
.funding requirements.
e. Develop a risk management budget to be approved by the risk
management committee, including accumulation of funds is a
trust fund for payment of claims.
f. Maintain log of insurance policies, costs, coverage dates,
. agents, sad other appropriate data.
EFFECTIVE DATE: REVISION NO.: PAGE OF SECTION-CODE-APPENDIX
3 8
COUNTY OF' HAWAII
DEPARTMENT = FINANCE
P R O C E D U R E S MAN U A L - RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
4. The Corporation Counsel shall:
a. Investigate liability claims filed against the County and
investigate accidents that might result in a lawsuit or
filing of claims.
b. Take appropriate action to settle claims within limits
authorized by the County Council.
c. Recommend settlement of other claims or lawsuits for County
Council action.
d. Defend County against all suits.
e. Reviex contract terms and conditions for adequacy in
protecting County against losses.
f. Provide legal advice to agencies in avoiding or transferring
risk, including equal employment.
q. Estimate probable loss payments for establishment of reserves.
h. Maintain liability claim files.
5. The Safety Coordinator shall:
a. Develop, implement and maintain a county-wide safety program.
b. Administer the County workers' compensation program.
c. Maintain county-wide workers' compensation claim files.
d. Estimate probable workers' compensation payments for
establishment of reserves.
e. Establish, implement and maintain an employee assistance
program to counsel and assist employees as necessary.
6. The Equal Employment Opportunity/Affirmative Action Officer shall:
a. Advise departments in employment interview and selection
process to avoid equal employment violations.
b. Review cases filed for corrective revisions to practices and
procedures.
EFFECTIVE GATE: REVISION NO.: PAGE OF SECTION-CODE-APPENDIX
4 8
COUNTY OF I-IAWAII
DEPARTMENT = FINANCE
PROCEDURES MANUAL - RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT. PROGRAM
7. The Personnel Director ahalls
a. Establish, implement and maintain physical standards for
employment.
b. Develop policies and procedures in cooperation with the
Safety Coordinator and the Equal Employment
Opportunity/Affirmative Action Officer to address risks
associated with diseases, substance abuse and other
health-related issues.
8. County Physicians shall:
a. Review workers' compensation claims and advise Safety
Coordinator on payment.
b. Review physical standards for employment.
c. Conduct pre-employment physical examinations and advise
appointing authority on risks of hire.
VI.. Self-Insurance Fund
1. Ordinance 86-35 (Section 2-156, Hawaii County Code) established a
self-insurance fund for the County, funded by an initial
appropriation of $500,000.
2. When the fund balance is less than $3,000,000, the self-
insurance fund may be used only to pay claims, settlements, and
judgments exclusive of workers' compensation claims against
the County where the amount of such claim, settlement, or
judgment is in excess of 51,000,000.
When the fund balance is 53,000,000 or more, the self-insurance
fund shall be used to pay all claims, settlements, and judgments
against the County, exclusive of workers' compensation claims.
EFFECTIVE DATE: REYISION NO. PAGE S OF $ SECTION-CODE-APPENDIX
COUNTY Of' HAWAII
DEPARTMENT = FINANCE
P R O C E D U R ES M A N U A L- RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
3. In accordance with Ordinance 86-35 (Section 2-157, Hawaii County
Code), as annual appropriation shall be made to the
self-insurance fund is the amount to be determined by the Mayor
and the County Council. The Director of Finance may also, with
the approval of the Mayor and County Council, transfer prior to
year end, all or a portion of the appropriation not needed in the
miscellaneous insurance, claims and judgments account to the self
insurance fund.
4. The self-insurance fund may only be dissolved or used for
purposes other thaw those specified herein unless the dissolution
or non-apecified use is approved by the unanimous vote of the
County Council.
5. The Director of Finance shall administer the self-insurance fund,
which shall include investment of the fund. Investment income of '
the fund shall accrue to the self-insurance fund.
VII. Policy and Procedural Guidelines:
The Risk Manager, with the guidance and approval of the risk
• management committee, shall develop policies and operating procedures
for the following:
' 1. Transfer of Risk:
a. Wherever possible and financially prudent, risk shall be
transferred to insurance companies consistent with the risk
management policy. '
b. A consistent policy shall be developed to transfer risk
contractually, through the use of hold harmless and indemnity
clauses and requirements for contractors to name the County
as as additional insured on the contractor's insurance
policies and/or obtaining a waiver of subrogation on
contractors' workers' compensation insurance policies.
EFFECTIYE DATE: REYISION NO.: PAGE OF SECTION-CODE-APPENDIX
6 B
COUNTY 01=' HAWAII
DEPARTMENT : FINANCE
P R O C E D U R E S MAN U A L- RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
2. Avoidance of Risk
a. A continuing program of audit and analysis of potential risks
shall be developed and operated to monitor all County
departments sad agencies.
b. Where possible, risk shall be eliminated or minimized.
c. Where not practical to eliminate or minimize, risk shall be
transferred to other public or private entities whenever
possible.
d. Efforts of the Safety Coordinator, the Civil Service
Director, and other educational and training efforts of the
County shall be coordinated by the risk manager to maximize
the avoidance of risk.
3. Retention of Risk
a. The risk manager shall annually determine the amount of
aggregate self-insured retention and deductibles from
insurance coverages to be retained as risk sad likely to
become an expense.
b. The risk manager shall also calculate the acceptable amount
of losses from small claims which arise from a reasonably
predictable number of small losses.
c. The estimated total amount of retained risk shall then be
incorporated in the annual budget in the Miscellaneous
Insurance, Claims and Judgments account.
EFFECTIYE GATE: REVISION NO.: PAGE OF SECTION-CODE-APPENDIX
7 g
COUNTY O~ HAWAII
DEPARTMENT ~ FINANCE
P ROC E D U R ES M A N U A L- RISK MANAGEMENT
SUBJECT:
RISK MANAGEMENT PROGRAM
4. Purchase of Insurance
a. The risk manager shall continually monitor the insurance
industry to determine those risks more appropriately
transferred to insurance as opposed to those more appropriate
for self-insurance, as well as suitable levels of coverage,
deductibles and/or self-insured retention in relation to
premium costs.
b. The risk manager shall formulate procedures for the handling
of exceptions to policy regarding purchase of specialized
coverages required by contractual relationships, other
government agencies, lessors and other parties.
5. Risk Management Information System
a. The risk manager shall develop or otherwise acquire an
information system to include:
(i.) The reporting of losses, claims G incidents
(ii.) A database from which loss experience and other
statistical data may be effectively utilized.
(iii.) Financial information regarding current and future
costs of the risk management function.
b. The risk manager shall also coordinate record keeping &
retention with other departments and agencies as necessary.
c. The risk manager shall develop and implement such internal
office procedures as necessary to assure an efficient and
secure filing system for manual and electronic risk
management information.
EFFECTIVE GATE: REVISION NO.: PAGE OF SECTION-CODE-APPENDIX
8 8
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Chapter 2 / EsteMishtng a Risk Management Program 79
The legality and humanitarian conduce objectives might also conflict with the
economy objective. Some exrcrnally imposed obligations (such as safety stan-
dards dictated by building coda) might be nonnegotiable; others (such u em-
ployeebenefits obligations aubjea to collective bargaining agreements) maybe
negotiable. Generally, in the short run, legal obligations must lx accepted as
unavoidable obligatiotu. Meeting humanitarian concerns might raise costs in
the short tun but yield dividends in the long tun. In working with others to
resolve those and other conflicts among organizational objectives, a risk man-
agement professional must consider two things: (I) the likely effects of alterna-
tive risk tnanagementtechniques and (2) the interests end concerns of the various
groups affected by an organization's risk management program.
Defining Authority/Responsibility and
Reporting Relationships of the Risk
Management Profiessional
Fach organization's risk management profes-
How do risk control re- sional tray have a variety of responsibilities to
sponslbilitiesdiKerfrom ~ fulfill under various repotting rcladonahips.
risk Rnaneing responsi- ~ 'the following pazagraphs deal with only some
bilities7 i of the most frequent responsibilities and duties.
i
~ What reporting relation-
ships best help a risk ~ Likely Responsibilities and
manager meet these ! Duties of the Risk
~ rvspons;6;llties7 _ ~ Management Professional
t- In this text, the term "risk management profes-
sional" refers to any person who holds primacy nspmrsibility Eor an organization's
risk management program. In large private organizations, this responsibility may
rest with an executive whoa tide includes "risk managemrnt" or "loss control;'
or with other executives such as vice presidents, treasurers, controllers, secretar-
ies, or other officers. In smaller private organizatiotu, the risk management
function may be performed by the chief executive (or a deputy) or by someone
outside the organization such as an insurance bmker or agent, or a risk manage-
ment consultant. Larger public entities aze likely to have a risk management
professional on staff or available as a consultant, much like private organizations
have. In smaller public entities, particularly towns and school districts, respon-
sibility for risk management is likely to rest with an administrative officer who
has many other duties.
80 Essentials of Risk Management
Having primary responsibility for risk management gives the risk managanent
professional specific duties in each administrative function-planning, organiz-
ing, leading, and controlling-for each of the steps in the risk management
decision process: identifying and analyzing loss exposura, examining alterna-
tive risk managemrnt techniques, selecting the most promising techniques,
implementing these chosen techniques, and monitoring their results. (See
Exhibit 1.1 for a matrix relating the administrative functions to the decision
steps.)
Except in quite small organizations, no risk management professional can per-
sonally perform all the tasks these responsibilities entail. Some tasks are assigned
to employees within the risk raanagemenc depattmrnt; marry aspects of manag-
ing loss exposures must be part of the daily work of managers and other employ-
es throughout the organization. Long ago, safety specialists recognized that
"Safety is everybody's business." The same is true for risk management, which
includes, but goes beyond, safety. Therefore, much of a risk management
professional's daily efforts must be focused on securing the voluntary woperative
efforts of managers and others at every level of an organization.
Nonetheless, primary responsibility for risk management remains with the risk
management professional. He or she must decide, or work with other senior
managers in jointly deciding, how to manage loss exposures. Bearing the weight
of those decisions, or guiding other managers in jointly bearing this weight, is the
fundamental responsibility of the risk management professional in managing a
risk managemrnc program. The specific, nondelegable duties of a risk manage-
ment professional, although varying somewhat by organization, are essentially
similaz. The generic duties ran be grouped as involving the org:miration's (I) overall
risk management program, (2) use of risk wntrol techniques, and (3) use of risk
financing techniques.
Regarding the Overall Risk Management Program
An organization's risk management professional should know more about its risk
management program than any other executive, employee, or outside consult-
ant to the organization. Therefore, the overall structure of the program and its
effectiveness in implementing its objectives rest most directly in this
professional's hands. In any organization, therefore, the risk management profes-
sional (alone or as the key resource person serving senior management, other
department heads, or rank-and-file employees throughout the organization)
must do the following:
• Guide senior management in setting the organization's risk management
policy
• Plan, organize, lead, and control the resources of the risk management
department
Chapter 2 / Establishing a Risk Management Program 8
• Assist senior management in establishing, and then work to implement,
areas of responsibility and channels of communication on risk trtanagement
matters throughout the organization
• Work with other managers to define and motivate the responsibilities and
actions of persons throughout the organization in implementing the risk
management program
Apportion the costs of the risk management program equitably among the
organization's departments to reflect differences in loss exposues and ptu-
vide incentives for optimum risk management effatts within each depatt-
ment
Adapt the risk management program ro changing conditions, adjusting the
organization's mix of various risk control and risk financing to cope
cost-effectively with its changing exposures and the changing costs of ~reri-
ous control and financing techniques
Regarding Risk Control
An organization may use any or all of several risk control techniques, including
exposure avaidance, risk prevention, risk reduction, segregation of exposure
units, and contractual transfer for risk control. The specific tasks tlx risk man-
agement professional (or any member of the risk management department staff)
performs differ in their specifics from one risk control technique co atrother.
Nonetheless, the objectives of those activities-the risk control results for
which the risk management professional and department aze grnerally held
accountable-include the following:
• Advising senior management on how to emphasize safety as an integral
element of the organization's risk management program, to encourage and
reward safe employee performance, and to correct any shortcomings in risk
control
• Coordinating the efforts of everyone employed by, or providing goods nt
services to, the organization in recognizing hazards and implementing ap-
propriate control measures
• Informing line managers about how best to fulfill their fundamental respon-
sibilities for preventing accidenu in the olx;ratiorts each manages
• Facilicttingreuilutionofxnyconftictshetweenlinemanagerscegardinghow
best to implement effective risk control measures, invoking [he organ-
ization's risk management policy where appropriate
• Exercising whatever direct line authority the risk management professional
may have aver risk control, especially during emergencies
• Identifying the benefits as well as measuring and controlling the costs of
82 Essentials of Posk Management
al[ernative risk control techniques in order to develop the most ct>st-effec-
tive risk control program
A risk management professional's direct line authority over risk control activi-
ties varies among organizations. That authority includes giving directives to
personnel outside the risk management deparcment and, if necessary, invoking
sanctions against those not complying. In a few organizations, risk control
activities aze eencmlized within the risk management department, givLtg the
risk management professional direct tine authority to require appropriate risk
control measures. In a larger number of organizations, responsibility For risk
control is likely to be dispersed among several departments. For example,
production and personnel executives are most directly concerned with employee
safety, production personnel focus on quality control, and the legal deparcment
functions as the organization b primary resource on legal matters.
Attention to employee safety and other risk control aspects has predated the
ax+rdinated practice of risk management in many organizations. Therefore, a
risk management professional is likely u> find that ocher managers alreaJy have
significant risk control authority and responsibility, which they might be reluc•
[ant to relinquish. Sudt cooperation and coordination are necessary because
ocher managers might be particularly skillet in their individual areas of risk
con[rol. Also, a risk management program can be effective only if it has the
support of management andopcrating petsonnel throughout the organization. A
perceptive risk management professional will cocxtinate existing risk control
efforts and cooperate with other manager and personnel rather than try to
centralize risk control within the risk management department.
Regarding Risk Financing
In risk financing, as in risk conaol, a risk management professional is responsible
for several financing techniyues. Those techniques can be broadly categorized as
invoking either risk retention or risk transfer. Risk retendem techniques include
current expensing of lasses, using a funded or an unfunded resen•e, borrowing
funds to pay losses, and relying on an affiliated ("captive") insurer. Risk transfer
cechniques include wntmetual transfer for risk financing and commercial insur-
ance, as well ac hedging for many business risks. In dealing with the retention
techniyues, a risk management professional typically focuses on the organiza-
tion's resources. The risk management professional assures, as far as limited
foresight c:+n, that funds will he available from plannexl wurces within the
organization when reefed to pay far losses the organization retains. In dealing
with risk transfer op[ions, the risk management professional strives for this same
assurance, relying on external sources of funds. (In either tau, the same plan-
ning, negotiazing, record-keeping, and general administrative skills are re-
quired. )
Cii,ip[rv 7 i EstaUhsr:ng a Risk Manegemont Pr<+grnm ti3
For each risk financing alternative, and for all of them as a group, the essential
duties of a risk management professional include the following:
• Working with financial and other senior executives to determine the extent
to which the organization should retain and the extent to which it should
transfer the financing of potential losses from specific exposures
• Deciding, once the appropriate overall retentionittancfer balance has been
established, which retention and which transfer techniques should be used
to finance losses from specific expoures
• Negotiating with appropriate persons and/or firms either within or outside
the organization w implement the chosen retention or transfer techniyues
for specific loss expo»ures
• Activating the appropriate retention or transfer mechanism when a loss
OCCUrF
• Identifying the benefits as well as measuring and controlling the cost.. of
alternative risk financing techniques in onfer to develop the ma+t cose-
effcctivc risk financing program
Although those duties art virtually universal for all risk management profession-
als, the particular xccivieies needed to fulfill the duties differ by organization, by
loss exposure, and by risk managctnenc Cechniyuc. Ir is therefore impossible ro
list the specific activities in which etrry risk managem~KU professional shtwld
engage. Even a list of typical activities could he misleading, even inappropriate,
m patticular circunsstances. Nonetheless, in reviewing his other daily activities.
every risk management professional should be able to relate each individual
activity to one or more duties regarding the organization's oveml( risk marutge-
ment program, its risk control aciiviries, or its risk financing activities.
Reporting Relationships
A Ichough risk managenunt has general ly been gaining stature in recent years, its
sibmificance within any patticular organization varies depending on several fac-
curs. T7u level to which the risk management professional reports and the title
held depend in large part on senior managemenPs wncem about loss exposures
and hou• well the risk management function has been performed in the past.
In patt, reporting relationships depend on the organization c basic mission. In a
hwpit:+l, the risk tttanagentent professional probably reports to the h<rspiutl's
senior administr.+ror; in a city, to the mayor ur city controller, in a bank, to one
of the vice presidents. In a medium of large corporation oriented toward ptuduo
tiun or marketing, risk management is often considered a risk financing func-
tion, and the risk management professional reports to the treasurer, assistant
treasurer, controller, or perhaps the vice president in charge of finance. Simi-
84 Essentials of Risk Management
laxly, in a public entity like a city or a school disnict, the risk management
professional might report w the furance director or perhaps directly to the
mayor, city manager, or superintendent.
Mother factor inFluencing repotting relationships is the loss exposure(s) con-
sidered most important by senior management. For example, if much of a par-
ticular organiation's risk management activity revolves around products
liability claims, the risk management professional might repott to the wrputate
secretary, auistant secretary, or chief legal counsel. If the organization is more
wncemed with fire protection engineering, the risk management professional
might report to the vice president of engirreeting or the chief engineer. In some
organisations, the risk management professional might report to several key line
executives concerned with pmduccion, marketing, or financing activities.
Organizing a Risk Management
Program
' No one way of organizing a risk management
How is the structure of a program will accommodate all situations en-
risk management depart- countered by every risk management pmfes.
' meet likely to changes as sional. I is or she may step ituo a well-devclopttl
the department expands or program tha[ needs little anention. In most
contracts? cases, the risk manaagemcnt professional cn-
axtntcrs a partly developed proimam that needs
!n what ways should a risk further development. He or she should gain a
management department thorough understanding of the ot};aniratiwi s
cooperate with other operation< and of the current activities and ca-
departments? pabilities of nc~ existing risk management staff
Whet information Flows to before attempting to assume mom activity or
and from a risk add staff; only then can steps be taken to make
management department necessary changes.
to foster this cooperation?
Internal Organization of a Risk
Management Department
In small organisations, the risk management department typically con,ists of
one lx[xm. As organirations grow and have. more I<us exposures, staff needs to
be added. The order and tare at which staff is added depends on the n•~ture of the
organization's operations and its management's attiuaies toward expanding
staff. Some organimtions pride themselves on what they calla "lean headquar-
ters'staff serving decentralized branches or departments; others prefer a large
s~
Chapter 2 / Establishing a Aisk Management Program 85
staff, untralized ro perform many tasks for each branch or department. Addi-
tions to awff should always be justified as in response to a mal need rather than
as an attempt to build an ideal organizational structure.
The Small Department
As an organization grows, additions to staff oken begin with a safety and loss
prevention expett and a claims manager, as shown in Exhibit 2.2. Any additions
to professional staff should bring new, specialized expertise to the department,
not merely just another person performing the same tasks as original personnel.
Exhibit 2-2
The Small Department
~ Hisk Management ~ '
- ' Director
~ Safety end
Loss Prevention Claims
Manager Manager
The Medium-Sized Department
With further growth or as the value of the risk management process is incmas•
ingly accepted, additions « > staff should be considered. Generally, more assis-
tance will be required with insurance, with the more complex aspects of safety
and loss prevention, and with the increased volume of claims, as shown in
Exhibit 2.3.
Class Specification, City and -~mty of Honolulu Page 1 of 2
DEPARTMENT OF HUMAN RESOURCES*
CITY AND COUNTY OF HONOLULU
Class Specification
020439
RISK MANAGER
SR 28, BU 13
Dutes_.Summary:
Plans, develops and implements a comprehensive risk
management program involving evaluating, controlling and minimizing
the City~s exposure to, loss of, or damage to physical assets,
fidelity losses and losses arising out of liability claims;
develops and maintains loss control reporting and monitoring
procedures; and performs other related duties as required.
Disti~uishing_Characteristics:
This class is distinguished by its responsibility for the
development and implementation of a city-wide risk management
program to reduce risks and losses and thereby achieve savings
through reduction in insurance premium costs and property and
liability losses.
I1lustratye.Examples of Work:
Reviews risk exposures faced by the City such as loss by
fire, loss from liability claims, property damage, theft, workers'
compensation and employee dishonesty; analyzes and defines the
extent of exposures; determines effective methods of avoidance,
reduction, prevention, assumption, or transfer of risks to provide
optimum coverage at minimum cost; prepares bid specifications for
insurance coverages; collects and maintains loss information of
types of losses and causes thereof; analyzes reports and makes
recommendations to eliminate or curtail causes of losses; promotes
safe working conditions for employees; develops claims adjustment
program and manages claims fund; prepares bid specifications for
claims administration and adjustment services; coordinates
settlement of claim with Corporation Counsel or the respective
insurers; maintains all City insurance records; conducts
orientation for department and division heads on risk management
program; conducts training sessions for employees on proper
reporting of incidcnts and identification of risks; evaluates
contracts and leases entered into by the City to determine
insurance requirements; evaluates new programs and activities to
determine risk exposures; prepares and maintains formal
administrative directives on risk management; drafts ordinance
amendments and legislative proposals to amend provisions on
insurance procurement as required; prepares budget requests for
insurance premium costs and self-insurance claim fund.
Minimum Qualification Requirements for the Class:
http://www4.co.honolulu.hi.us/hrjobclass/SpecFiles/020439.htm 1/13/03
Jan •15 03 10:15a Risk Mgt-Honolulu CB~C 808-$27-6830 p.z
' Under the general direction of the Director of Finance, the incumbent develops the City policies
relating to risk management, including risk exposure, loss prevention and loss control.
%OF
TIME
1. Develops all City-wide risk management policies, procedures, programs and 15%
controls. [1] [2]
2. Develops risk financing strategies; obtains actuarial evaluations of City 15%
self-insurance programs; develops criteria for loss funding programs. [1] (2]
3. Develops and directs strategies and risk analyses for self-insurance 10%
options. [1 ] [2]
4. Develops strategies, and designs Cites commercial insurance programs.
Processes, negotiates and oversees administration of the City's 10%
insurance contracts.: [1] [2]
5. Directs the evelopnient and administration of City-wide loss prevention 10%
programs, policies and procedures; advises departments in developing and
implementing intem4l procedures for compliance. [i] [2]
6. Directs claims management administration of City insurance contracts. 10%
Reviews specific claims to help resolve liability issues,-based on review of
confidential medical and employment records of claimants, procedures;
Incident reports arid other confidential and/or proprietary information. .
Coordinates legal representation and claims investigating services for
self-insured claims in litigation. [1] [2]
7. Reviews purchasing procurement documents for major proposals and other 10%
legal documents and contracts to assure that risk management concerns are
addressed; assesses proprietary financial information of bidders and vendors to
ascertain financial capability to meet risk management concems, (1] [2]
8. Advises elected and'appointed officials and members of City boards and 5%
commissions as to potential liabilities arising out of their official capacities.
Serves as consultant to other departments and agencies, as the City's expert on
,
risk mana'g'e ent. [i] [2]
9. Analyzes govemmemtal regulations, laws and rulings concerned with insurance 5%
and risk management to determine their impact on the City and its. programs;
and Implements appropriate action to stay in compliance. Prepares
ordinance amendments, and legislation proposals on matters affecting the
City's risk management programs. [t] [2]
10. Develops and administers an annual operating budget including the Risk 5%
Management Provisional Account
11. Supervises an Insurance And Claims Assistant [1 ] [2] 3%
12. Performs all other related duties as assigned, 2%
_~18/OJ 10:26 FAI 808 270 7878 CO MAUI DEPT OF FINANCE 1®002
R-•~- P~.al~.o,~ ~~o.~.u. G~"~1.i~
t
DF-0006
Risk Management Officer
Clrief of the County of Maui's loss control and risk management division. Plans,
develops and implemems a comprehensive loss control end risk management program iavolvittg
the evaluation, control and m;n-*+~+Tng of the County of Maui's cxposule to loss of or damage to
assets; fidelity losses; and losses arising out of liability claims and worker's compensation
Develops, maintains, and reviews and analyzes loss control reports and monitors procedures..
Oversees the County's workers' compensation and safety programs. Arranges the acquisition of
insurance and develops and recommends levels of self ;n~""nrr.,
1. Tusk Analysis
a) Evaluate risk exposures and methods of min;m;Tino }hat exposure. (a,b,c)
b) For existing programs, determine ehariges in risk exposure based on new case law
and/or regulatory environment. (abc)
c) Prepare operational and risk reports for management analysis. (a,b,c)
d) Develop information from the construction of the building, inventory of
equipment, number of employees to the financial reports with list of officers and
directors. (a,b)
e) Develop corrective action if a problem has been discovered. (a,b)
f) Answer questions by the underwriter or engineering service. This includes
functioning as a technical intermediary. (eb,c)
g) Recommend improvements foz reports to company and improvements in
conditions oz property as applicable. (e,b,)
h) Manage insurance programs, such as fidelity, surety, liability, property, and
workers' compensation risks, (a,b,e)
i) Select and direct activities of safety, engineering and loss prevention experts.
(a,b,c) 30%
2. workers' Compensation
a) Oversee the planning and direction of the county's centralized workers'
compensation program. (a,b)
b) Oversce the follow up or investigation of problem cases, questionable claims, and
other complex cases. (ab)
c) Reviews recommendatiott for acceptance or denial of liability on questionable
cases. (a,b) 15%
3. Insurance Protection
s) Identify exposure to loss. (a,b,c)
b) Determine which exposures are to be insured and those to be retainod. (a,b,c)
c) Determine insurable values of property and proper limits of coveraige for third
party loss exposures. Set up s risk management information system (RIMS) to
maintain accurate exposure information (payroll, employce data, Property values,
vehicle costs, etc.). (a,b,c)
Ol,/lb/OJ 10:27 FAI 808 270 7878 CO 1(AUI DEPT OF FINANCE I®OOJ
r
DF-0006
Risk Management Officer
Page 2
d) Contact and coordinate with qualified insurers the placxment of coverages. (ab)
e) Negotiate acceptable terms, conditions and pricing of all insurance policies.
(a,bc)
f) Prepare financing and payment plans es needed. (a,b,c)
g) Receive, check, and maintain insurance policies. (ebc)
h) Review premium audits. Audit of policy terms and conditions before coverage is
bound. Checking of policy delivered to verify that client received what was
promised and paid for. (ab,c)
i) Recommend monetary amounts annually to be maintained in reserve to covet the
county's various self-insured programs. Calcarlate insurance reserves. (ab.c)
j) Determine proper allocation of premium charges. (ab,c)
k) Monitor timing of and preparation of all applications and renewal forms. (a,b)
q Authorize insurance fund payments for self-insured property. (a,b) 20%
4. Claim Management
a) Review all major claims. (a,b)
b) Coordinate with corporation counsel and/or outside counsel on pertinent claims
matters. (a,b)
c) Establish how uninsured or unbudgeted losses will affect present and future
financial condition of the county. (a,b)
d) Monitor reimbursement of claims. (ab)
e) Appoint claims, self-insurance administrators and investigators. (a,b)
f) Manage and coordinate submission of insurance claims. (a,b) 20%
5. Safety and Loss Control
a) Disseminate intelligence and interpretation of possible insurance situations.
(a,b,c)
b) Recommend to director improvements is control policies to prevent losses and/or
reoccrirrence. Evaluate overtime, cosUbenefits of control procedures. (eb)
c) Oversee the planning and direction of the County's Safety Program. (ab)
10%
6. Other specified duties
a) Prepare the annual budget for the workers' compensation fund, property end
liability fund. (a,b)
b) Answer questions and provide information to the public; investigate cemplaints
and recommend corrective action•as necessary to resolve complaints. (a,b)
c) Participate in various committees and professional organizations such as PRIMA
(Public Risk Insurance Managers Association). (ab)
d) Perform other related duties as assigned. (ab) 5%
_ 01/16/03 10127 FAI 808 270 7878 CO I[AUI DEPT OF FINANCH 1®00{
t,
1Z1Sk 1Vlamager
Position Description
Page 3
Essential tasks are identified as follows:
a) The performance of this function is the reason that the job exists.
b) The number of other employees available W perfoffi this function is limited.
c) This function is highly specialized and employee is hired for special expertise or
ability to perform this function
O1/lb/OJ 10:27 FAZ 808 270 7878 CO I(AUI DEPT OF FINANCE ® OOS
•
.205
DEPARTMENT OF PERSONNEL SERVICES
COUNTY OF MAUI
~ZI Class Specification
for the Clase:
teTS:x aratrnta>r*irtrrr OFFICBR
pur+PS S+mmarv•
Plans, directs and coordinates the County's risk manage t
program, including the administration of the workers' compe ation
function; provides technical assistance to departments on ri k
management matters; and performs other related duties as re fired.
niah;nau+shing Characteristics:
This class is distinguished by its responsibility to de ign,
implement, and manage the County`s risk management program t
minimize the County's exposures to property and liability to ses,
including those exposures related to the County's workers'
compensation program.
Exa s o D ~ (The following are examples of duties. e
omission of specific duty statements does not preclude manag ment
from assigning such duties if such duties are a logical assi ment
for the position.)
• continually identifies the County's exposures to accide tal,
legal and regulatory losses and estimates maximum f6res sable
losses, including those associated with the centralized
workers' compensation program.
• communicates to appointing authorities and managers the
identified loss exposures and the potential costs of
accidents and preventable losses.
• reviews major leases, contracts and corporate agreement for
County liabilities and responsibilities that should be
avoided or insured, and for unacceptable contingency
provisions that should be renegotiated.
• maintains a historical record of all accidents and loss s,
insured and uninsured, including recoveries from others and
reserves held by insurers.
_ 0~/16/OJ 10:28 FAS_808 270 7878 CO I[AUI DEPT OF FINANCE ® 006
RISK MANAGEMENT OFE-_--~R
Part I, Page 3
# # # # # # # # 1k #
This is the first specification approved for the new cl ss,
RISK MANAGEMENT OFFICER, effective April 1, 1995.
APPROVED: Augus[ S, 1996
erector of Personnel Se ices
_ O1/18/OJ 10:28 PAS 808 270 7878 CO I[AUI DEPT OE FINANCE ® 007
. 205
DEPARTMENT OF PERSONNEL SERVICES
COUNTY OF MAUI
PART II Minimum Qualification Specification
for the Class:
RTCx M_Ats~GEMBNT Oj+l+,
_ TCER
[ynimum Ou^1+fi~ation Rerni' m n-s:
Tr-~ntng ^nd Exogr~en~: A combination of education and
experience substantially equivalent to graduation from an
accredited college or university with a bachelor's degree in
public or business administration, finance, or a related fiel ;
and four years of responsible administrative experience in ri k
management or in the management, investigation and adjustment of
insurance claims, including but not limited to workers'
compensation, general liability, vehicular bodily injury and
property damages.
Howl gP~,~f: risk management and insurance principles,
concepts and techniques; types and purposes of insurance poll ies
and coverage; principles and practices of supervision and pr ram
administration; familiarity with State and Federal safety law ;
public relations; data collection, analysis and evaluation
techniques to identify lose exposure.
hp
;~;ry~o: administer a county wide risk management pr am;
identify and resolve operating problems in risk management;
collect, maintain, and analyze information; interpret, evalua e
and explain laws, ordinances and regulations; write clear and
concise reports for management analyses; prepare administrati e
directives; plan, direct and control the work of others; main sin
effective working relationships with County officials, insure ce
company representatives, and the general public; communicate
effectively, both orally and in writing.
uPalth and Phveical Condition:
Persons seeking appointment to positions in this class m st
meet the health and physical condition standards deemed neces ary
and proper for performance of the duties.
Phvs~ca~ Effort GrouDina: Light
O1/15/OJ 10:28 FAI 808 270 7878 CO IfAUI DEPT' OF h'1NANCE ~uu8
• i
PART I DEPARTMENT OF PERSONNEL SERVICES 2592
STATE OF HAWAII
. .
Class Specification ~/-to7~
for the• Class:
RISK MANAGEMENT OFFICER
Duties Summary:
Administers the statewide Aisk Management program;
establishes and monitors a claims reporting and martagemenk
information systems provides technical advice and assistance to
other State departments; and performs other related duties as
assigned,
Distinguishing Characteristics;
This one position class is located in the central State
agency responsible for the statewide Risk Management program.
The Risk Management program identifies and evaluates the
State's exposures to property and liability loss to minimize
the total risk management costs determines risks that should be
self-insured and those that should be insured by an insurance
compaAys develops, implements and maintains effective loss
control programs coordinates the programs in other departments
through departmental coordinators and develops guidelines„
procedures and criteria for claims management and adjusting
services and a claims reporting artd information system.
A position in this class administers and manages the
statewide Risk Management program by formulating and
implementing policies and procedures, managing risk managlement
activities and coordinating and evaluating programs in the
other State departments.
The work involves the development, implementation,
interpretation and evaluation of plans, policies and procedures
concerning the operation and supervision of the Risk Management
program. in addition, this class 'serves as the technical
expert in risk management providing consultation services to
- other departments.
The position supervises the activities of the Risk
Management staff. The work is performed under general
supervision and within a broad framework of laws, [ales,
regulations, administrative policies and overall departm@ntal
goals and objectives. Considerable Latitude is allowed ~n the
formulation and implementation of plans and detecminatio~h of
priorities necessary to carry out the work. Further, ao~ltacts
with other governmental and private agencies are extensive and
may require effective working relationships in order to avoid
adversely affecting the Risk Management program.
_ 01!16/OJ 10:29 FAI 808 270 7878 CO IfAUI DEPT OF FINANCE ® 009
PART i Page 2
RISK MANAGEMENT OFFICER
Examples of Duties:
Oversees and directs identification and evaluation of
state property and liability loss exposure activities: develops
program procedures and criteria for evaluating the overall risk
management operations of State departments and agencies]
reviews and evaluates risk treatment, loss prevention and risk
cost minimization techniques and determines impact on the Risk
Management program; determines risks that should be
self-insured and that should be insured by insurance companies;
coordinates procurement activities including preparation of bid
specification for primary and excess insurance coverages;
determines the State self-retention limit; develops and
administers a system of allocating self-retention Losses to
departments and programs develops operating policies and
procedures for the implementation and maintenance of an
effective loss control program; establishes liaison with risk
management coordinators in each department to carry out
activities; provides technical assistance to all departments in
evaluating programs and activities to minimize risk exposure;
develops, implements and manages loss control reporting systems
and procedures to collect, maintain and provide loss control
information for analysis and to assist all departments in
carrying. out loss control program objectives and activities;
reviews and evaluates loss reports, oversees inspections and
provides departments with alternatives and recommendations to
eliminate or reduce losses; coordinates with other State
departments involved in loss prevention and development of
safety programs to establish new programs or enhance existing
ones; reviews, implements and monitors toss prevention and
safety recommendations made by insurance companies; establishes
a centralized claims clearinghouse by developing guidelines,
procedures and criteria for claims management and adjusting
services; develops and administers a claims repotting and
information system; coordinates with the Attorney General's
OEfice in investigating claims and reported incidents;
coordinates with Attorney General's Office and/or insurer claim
settlements; establishes and maintains liaison with other State
departments, other governmental jurisdictions and others
- associated with risk management; coordinates risk management
activities involving insurance representatives and other
service providers; develops, implements, interprets and
evaluates a risk management manual; develops and distributes
the annual risk management report; keeps departmental risk
management coordinators abreast of program developments and
activities; conducts risk management seminars and training
sessions; evaluates the performance of the Risk Management
program; plans and implements program improvement activities;
develops budget; determines organizational and staff
®olo
01/16/03 10:28 FAa 806 270 7878 CO 1fAUI pEPT OF FINANCE
PART I Page 3
RISK MANAGEMENT OFFICER
requirements; drafts legislation and administrative policy
statements and directives to improve and enhance the program;
supervises and provides direction and guidance to the risk
management staff.
Knowledges and Abilities Required:
Knowled a of: Risk management and insurance principles,
concepts an tec niques; types and purposes of insurance
policies and coverage; principles and practices of supervision
and program administration; public relations; data collection,
analysis and evaluation techniques to identify loss exposure.
Abilit to: Administer a statewide Risk Management
program; 1 ent fy and resolve operating problems in risk
management; interpret, evaluate and explain laws, ordinances
and regulations; write clear and concise reports; plan, dicect
and control the work of others; maintain effective working
relationship with the operating personnel and the general
public; communicate effectively, both orally and in writing.
This is the first class specification for the new class
RISK MANAGEMENT OFFICER.
Effective Date: 1-1-86
DATE APPROVED: / ~
JAMS TAKUSBI
rector of ersonnel Services
_ O1/lb/OJ _10:29 FAb 806 270 78Tg CO IGUI DEPT OF FINANCE
~ 011
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PART II Page 2
RI SR MANAGEMENT OFFICER
Non-Oualifving Experience:
Work experience acquired as an insurance salesman or agent,
in loss prevention or safety,.which does not demonstrate a
knowledge of risk management principles and applications
including risk financing and loss control is not qualifying.
Substitutions Allowed:
Substitution of Professional Desi nation for S ecialized
Exper ence: PosTsession of a Charte[e Property and Cnsualty
Underwriter (CPCU) professional designation or an Associate in
Risk Management (ARM) oc Associate in Loss Control Management
(ACLM) designation obtained through written examination may be
substituted for one-half (1/2) year of the required Specialized
Experience.
Substitution of Master's De ree for S ecialized Ex ~rience:
Possession of a master s degree from an accred to co ege or
unive[sity in risk management or insurance may be substituted
for one (1) year of the required Specialized Experience.
quality of Experience:
Possession of the required number of years of experience
will not in itself be accepted as proof of qualification for a
position. The applicant's overall experience must have been of
such scope and level of responsibility as to conclusively
demonstrate that he/she has the ability to perform the duties of
the position foz which he/she is being considezed.
License Required:
Possession of a valid license to drive in the State of
Hawaii is required.
Selective Certification:
Specialized knowledges, skills and abilities may b.e
required to perform the duties of some positions. In such
positions, certification may be restricted to eligibles who
possess the pertinent experience and/or training required to
perform the duties of the position.
.Agencies requesting selective certification must show the
connection between the kind of training and/or experience on
which they wish to base selective certification and the duties
of the position to be filled.
O1/15/O3 10:30 FAI 808 270 7878 CO MAUI DEFT OF FINANCE ~ 012
PART II Paqe 3
RISK MANAGEMBNT OFFICER
Tests•
Applicants must qualify on the appropriate examination for
the class. For non-competitive actions, the examination may be
waived.
Physical and Medical Requirements:
Applicants must be physically able to perform, efficiently
and effectively, the essential duties of the position which
typically require the ability to read without strain printed
material the size of typewritten characters, glasses permitted,
and the ability to hear the conversational voice, with or
without a hearing aid, or the ability to compensate
satisfactorily. Handicaps in these or other areas will not
automatically result in disqualification. Those applicants who
demonstrate that they are capable of performing the essential
functions of the position will not be disqualified under this
section.
Any condition which would cause applicants to be a hazard
to themselves or others is cause for disqualification.
Any disqualification under this section will be made only
after a review of all pertinent information including the
results of the medical examination, and esquires the approval of
the Director.
Mental/Emotional Requirements:
All applicants must possess emotional and mental stability
appropriate to the job duties and responsibilities and working
conditions.
This is an amendment to the minimum qualification
specification Eor the class RISR MANAGEMENT OFFICER approved on
November 28, 1986,
DATE APPROVED: ~ ~e
ALFRED C. LARDIZABA
hector of Pezsonnel Services
ac.r-it-ao iu~. ~:~e P. 02
Risk Manager
Department of Finance
Identify and evaluate the pure risks present. Assist in the development and
implcmentacion of risk management strategies. Design, purchase, and administer the county
insurance program. Work with the management team to limit or contain potential losses by
eliminating, redudng, transferring, or controlling hazardous exposures up front.
1. Workers' Compensation soz
a) Plan, direct and coordinate the county's centcellzed workers' compensation
program. (a,b,c)
ti) Starve as the administrator of the C:ounty's workers' wmpensation program,
overseeing two technical specialists, handling all workers' compensation and
industrial safety/health matters. (a,b,c)
c) Partteipate in the development of intermediate and lung range plans, and
implements policies, procedures and methods consistent with provisions of
workers' compensation and other laws. (a,b,c)
d) Monitor, direct and paeficipate in the follow up or investigation of problem
cases, questionable claims, and other cases. (a,b,c)
e) Determine acceptance or denial Of liability on questionable cases. (a,b,c)
f} Study laws, rules and rettulations pertaining to workers' compensation and
effects changes to comply with new requirements. (a,b,c)
g) Instruct and train employees in all aspects of workers' compensation case
management aad serves as'immediate supervisor. (a,b,c)
h) Facplain policies, practices, procedures and actions to employees, department
officials, physicians, attorneys, union representatives, and other concerned
individuals and parties. (a,b,c)
A Represent the county in workers' compensation hearings and provides testimony
as required. (a,b,e)
j) In cor>junction with county attorneys, oversee and direct the development of
subrogation and stipulated settlements involving workers' compensation cases.
(a,b,c)
k) Develop cost information and budget estimates for the workers' compensation
program; draft correspondence and prepare periodic and special reports. (a,b,c)
2. Risk AnalY~ 20X
a) evaluate risk exposures and methods of minimizing that exposure. (a,b,c)
b) For existing programs, determine changes in risk exposure based on new case
law and/or regulatory environment. (a,b,c)
c) RCview lessees and vendors leaselservice/maintenance contracts and certificates
for appropriate coverages and indemnification provisions. Set up and maintain
computer monitoring of these certificates by name, expiration date, state, etc.
(a,b,c)
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Position Description °ev
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d) Prepare opcratlonal and risk reports for management analysis. (a,b,c)
e) Develop information from the construction of the building, inventory of
equipment, number of employees to the fmancial reports with list of officers
and directArs. (a,b,c)
f) Develop corrective action if a problem has been discovered. (a,b,c)
g) Answer questions by the underwriter or engineering service. This Includes
functioning as a technical intermediary. (a,b,e)
h_) Recommend improvements for reports to company and improvements in
conditions ter prvpe[ty as applicable. (a,b,c)
n Manage insurance programs, such as fidelity, surety, liability, property, and
workers' compensation risks. (a,b,c)
j) Select and direct activities of safety, engineering and loss prevention experts.
(a,b,c)
3. Insurance Protection lox
a) Identify exposure to loss. (a,b,c)
b) Determine which expustuxs are to be insured and those to be retained. (a,b,c)
c) Determine insurable values of property and proper limits of coverage for third
party loss exposures. Set up a risk management information system (RMIS) to
maintain accurate exposure information (payroll, employee data, property
values, vehicle costs, etc.): (a,b,c)
d) Contact and t:oordinate with qualified insurers the placement of coverages.
(a,b,c)
e) Negotiate acceptable terms, conditions and pricing of all insurance polides.
(a,b,c) ,
f) Preparrr financing and payment plans as needed. (a,b,c)
g) Receive, check, and maintain insurance policies. (a,b,c)
h) Aeview premium audits. Audit of policy terms and conditions before covcxagc
is bound. Checking of policy delivered to verify that client received what was
promised and paid for. (a,b,e)
I) Recommend monetary amounts annually to be maintained in reserve to cover
the county's various self-insured programs. Calculate insurance reserves.
(a,b,c)
j) Determine proper allocation of premium charges. (a,b,c)
k) Monitor timing of and preparation of all applications and renewal forms.
(a,b,c)
1) Authorize insurance fund payments for self-insured property. (a,b,c)
4. Claim Mana)rement rss
a) Review all rru~jor claims, investigate major losses, and negotiate settlements.
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Risk Manager
Position Description
Pace 3
(a,b,c)
b) Coordinate with corporation counsel andlar outside counsel on pectin nt claims
matters. (a,b,c)
c)' Pstablish how uninsured or unbudgeted losses will affect present and uture
financial Condition of the county. (a,b,c)
d) Monitor reimbursement of claims. (a,b,c)
e) Appoint claims, self-insurance administrators and investigators. (a, ,c)
f) Manage and courclinate subuussiun of insurance claims. (a,b,c)
5. Safety and Iris Control loz
n) Promote awareness of risk management through soveral communicad n
vehicles: meetings, practical training, risk management manual, ere. a,b,c)
b) Review physical safety and security ofpremises. (a,b,e)
c) Disseminate intelligence and interpretation of possible insurance situa ons.
(a,b,c)
d) Recommend to director improvements in control policies to prevent 1 sses
and/or reoccurrence. Evaluate overtime, cosWenefit of control pr ores.
(a,b,c)
e) Call inspections of shops, buildings, job sites, etc. to discover and co
unsafe conditions nr practices to insure Compliance with accepted safe /health
policies and regulations and to recommend mechanical or Structural vices t0
improve or correct unsafe conditions. (a,b,c)
6. Other specified duties sz
a) Prepare the annual budget for the workers' compensation fund, pro and
liability fund. (a,b,c)
b) Anawet questions and provide information to the public; investigate c mplnints
and recommend corrective action as necessary to resolve complaints. a,b,c)
c) Participate in various committees and professional organizations such PRIMA
(Public Risk Insurance Managers Association). (a,b,c)
d) Perform other related duties as assigned. (a,b,c)
Essential tasks are identified as follows:
a) The performance of this function is the reason that the job exists.
b) The number of other empIOyees availablC to perform this function is ]i red.
c) This function is highly specialized and employee is hired for special a 'se or
ability to perform this function.