HomeMy WebLinkAboutord2025-048Whatcom County COUNTY COURTHOUSE
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Agenda Bill Master Report
File Number: AB2025-575
File ID: AB2025-575 Version: 2 Status: Substitute Adopted
File Created: 07/28/2025 Entered by: KOos@co.whatcom.wa.us
Department: Council Office File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 10/07/2025
Agenda Date: 10/07/2025 Enactment #: ORD
2025-048
Related Files:
Primary Contact Email: koos aco.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Chapter 3.05, Tort and Damage Claims, to create a
risk management committee and clarify the processing of tort claims
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
None.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
09/23/2025 Council SUBSTITUTE Council
INTRODUCED FOR
PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
10/07/2025 Council SUBSTITUTE ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Attachments: Proposed Ordinance, Substitute Ordinance, Substitute Ordinance revised in committee
9.23.2025, Substitute Ordinance 10.7.2025, Notice of Hearing after 9.23.2025
Whatcom County Page 1 Printed on 101812025
PROPOSED BY: DONOVAN, SCANLON, GALLOWAY
INTRODUCED: SEPTEMBER 23, 2025
ORDINANCE NO. 2025-048
AMENDING WHATCOM COUNTY CODE CHAPTER 3.05 TORT AND DAMAGE CLAIMS
TO CREATE A RISK MANAGEMENT COMMITTEE AND CLARIFY THE PROCESSING OF
TORT CLAIMS
WHEREAS, Whatcom County Code (WCC) Chapter 3.05 Tort and Damage Claims
establishes a system for filing and processing third party claims against Whatcom County;
and
WHEREAS, Whatcom County Charter Section 2.20 states that enumeration of
particular legislative powers shall not be construed as limiting the legislative powers of the
County Council; and
WHEREAS, the County Council exercises the legislative power of oversight; and
WHEREAS, WCC 3.05.020 states the County Council delegates the authority to
settle all tort claims to the County Prosecuting Attorney, with the approval of the County
Executive; and
WHEREAS, Whatcom County Charter Section 3.55 states the County Prosecuting
Attorney shall have all the powers, authority and duties conferred by state law; and
WHEREAS, WCC 3.05.020 states all other settlements require Council approval; and
WHEREAS, WCC 3.05.030(A) states that no settlements of any lawsuit to which the
County is a party shall be made except with full public disclosure of the total settlement
amount either paid by the County directly or paid on the County's behalf; and
WHEREAS, WCC 3.05 lacks clarity in defining how, or if, Council will be informed of
settlements made on the County's behalf by third parties, such as the Washington Counties
Risk Pool (WCRP); and
WHEREAS, in Resolution 1988-045, the Whatcom County Council approved an
interlocal agreement directing the Executive to execute a Risk Pool agreement on behalf of
the County with the Washington Association of Counties Risk Pool (WCRP); and
WHEREAS, in Resolution 1988-045, the County Council initially designated the Chair
of the Finance Committee to serve as an alternate representative to the Board of Directors
of the Washington County Risk Pool, the authority of voting rights being set by the interlocal
agreement with the Washington Counties Risk Pool; and
WHEREAS, Resolutions 2009-276, 2011-041, 2012-398, 2015-291, and 2025-021
modified and designated, over time, various other employees or county officers to serve on
the WCRP Board as Director or Alternative Director pursuant to the terms of the Risk Pool by
laws and interlocal agreement with the county; and
WHEREAS, Resolution 2025-021 designates the Whatcom County Human Resources
Director to sit as the Director on the WCRP Board and further designates the Civil Prosecutor
and the Human Resources Manager as the alternate directors serving as the county member
of the WCRP Board; and
WHEREAS, Resolution 2025-021 does not designate the Chair of the Finance
Committee to serve as an alternate director in contrast with the Resolution 1988-045; and
WHEREAS, WCC 3.05 lacks clarity in defining how, if, or when councilmembers may
engage with the Risk Pool or with the County's representatives to the Risk Pool; and
WHEREAS, the Whatcom County Executive created the Risk Management Working
Group by Executive Order 2000-02 to provide a coordinated internal effort between County
departments to review internal issues and promote responsible management of the County's
risk exposure; and
WHEREAS, A Council representative is not included in the Risk Management
Working Group membership.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code Chapter 3.05 Tort and Damage Claims is hereby amended as set
forth in Exhibit A to this ordinance to add a councilmember to the Risk Management
Working Group, and to ensure ongoing legislative oversight of county risk management
activities.
ADOPTED this 7th day of October , 2025.
t r N
ATTEST
Cathy Halka, Clerk of the Council
APPROVED AS TO FORM
Christopher Quinn (by email 9/24/2025/ko)
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
KayleetAlloway, Council Chai
EXHIBIT A
Chapter 3.05
TORT AND DAMAGE CLAIMS
Sections:
3.05.010 Tort and damage claims.
3.05.020 Settlement authority for tort claims.
3.05.030 Public disclosure of tort claim settlements.
3.05.040 Risk Management Working Group
3.05.010 Tort and damage claims.
A. Filing. All claims for damages against the county must be filed with the clerk of the
county council. A summary of each claim identifying the claimant, the date of the claim, the
amount claimed, the amount paid, and the date of payment shall be prepared annually by
the clerk of the county council, or their designee, and made available for inspection by the
members of the county council.
B. Requisites of Claim. All such claims for damages must locate and describe the defect
which caused the injury, describe the injury and contain the amount of damages claimed,
together with a statement of the actual residence of the claimant at the time of presenting
and calling the claim and for a period of six months immediately prior to the time the claim
accrued and be sworn to by the claimant; provided, that if the claimant is incapacitated
from verifying and filing their claim for damages within the time prescribed, or if the
claimant is a minor, or in case the claim is for damages to real or personal property, and the
owner of the property is a nonresident of the county or is absent therefrom during the time
within which a claim for damages is required to be filed, the claim may be verified and
presented on behalf of the claimant by a relative or attorney or agent representing the
injured person, or, in case of damages to property, representing the owner thereof.
C. Time for Commencement of Action. No action shall be commenced against the county for
damages arising out of tortious conduct until a claim has first been filed with the clerk of the
county council, and an action commenced in the proper court within the period allowed by
law for the commencement of a like action against private parties.
D. Claim Forwarded to the County Executive as Well as the Prosecuting Attorney. Every
claim after being filed with the clerk of the county council shall be promptly forwarded to
the executive's office as well as the prosecuting attorney who shall consider same in light of
county tort claims defense qualifications.
E. All Summons and Complaints to the Prosecuting Attorney. Every tort action summons
and complaint shall be served on the county auditor who shall promptly present it to the
office of the Whatcom County prosecutor. (Ord. 2003-020; Ord. 2002-051; Ord. 93-042
Exh. F).
3.05.020 Settlement authority for tort claims.
A. Authority is delegated by the county council to the county prosecuting attorney for
settlement of all tort claims against the county where the amount to be paid in the
settlement is $5,000 or less; authority is delegated to the county prosecuting attorney, with
the approval of the county executive, for settlement of all tort claims where the amount to
be paid in the settlement is more than $5,000 but less than $25,000. All other settlements
require council approval.
B. Unless authorized by law to be filed directly by the prosecuting attorney, all other civil
lawsuits brought in the name of or on behalf of Whatcom County shall be commenced upon,
and only upon, the approval of the county council. (Ord. 93-042 Exh. F).
3.05.030 Public disclosure of tort and claim settlements.
A. All records relating to settlements of any lawsuit to which the county is a party shall be
subject to disclosure pursuant to the Public Records Act, Chapter 42.56 RCW. No
settlements of any lawsuit to which the county is a party shall be made except with full
public disclosure of the total settlement amount either paid by the county directly or paid on
the county's behalf.. The council shall be notified of payments made by third parties in
settlement of county claims within 30 days of the payment being issued.
B. The prosecuting attorney's office shall include a copy of this section in early
correspondence to litigants. (Ord. 93-042 Exh. F)
3.05.040 Risk Management Working Group
There is hereby established the Risk Management Working Group. This group shall meet a
minimum of twice per year.
(A) Whatcom County Risk Management Working Group Executive Committee shall be
comprised of the following:
(i) county executive or designee;
(ii) director of finance or designee;
(iii) prosecuting attorney or designee;
(iv) county risk manager or designee, who shall serve as chair;
(v) chair of the finance committee of county council or designated councilmember.
(B) Additional members to the Risk Management Working Group may include county
employees as follows:
(i) human resources director (if different from county risk manager or designee)
(ii) facilities director;
(iii) safety and wellness representative;
(iv) public works safety and training coordinator;
(v) sheriff or designee;
(vi) health and community services director;
(vii) parks and recreation director;
(viii) superior court administrator;
(ix) administrative services director or designee;
(x) alternate risk managers.
(C) A vice chair shall be elected by the Group to serve in the absence of the chair.
(D) The function of the Risk Management Working Group shall be to:
(i) promote Washington Counties Risk Pool policy directives;
(ii) review all reports provided by the county executive or county risk manager
related to risk management strategies and reporting by all county departments in
order to review losses and risk exposures to the County;
(iii) recommend management policies and practices to the county executive to
reduce the frequency and severity of losses and enhance operating efficiency;
(iv) recommend changes to coverage limits for insurance policies that fall outside the
scope of WCRP to the county executive;
(v) periodically review county membership in the WCRP and give proper notice if the
committee recommends and council approves of an intent to leave the WCRP
pursuant to the terms of the current interlocal WCRP agreement;
(vi) review and propose updated reporting procedures to the county executive of
employee, officer, or volunteer incidents and accidents, which shall include prompt
notification to the Prosecuting Attorney and WCRP of potential liability;
(vii) review ordinances that may need to be amended for the health and safety of
employees, volunteers, and elected officials and to further protect the public's
interest in the assets of Whatcom County, and make recommendations of proposed
amendments to the county council and county executive.