REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
June 22, 2021
FROM
JASON ANDERSON, District Attorney
SUBJECT
Title
Grant Application for the 2021-22 San Bernardino County Automobile Insurance Fraud Prosecution Program
End
RECOMMENDATION(S)
Recommendation
1. Authorize submission of a grant application to the California Insurance Commissioner in the amount of $942,787, including the Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino County District Attorney’s Office, for the San Bernardino County Automobile Insurance Fraud Prosecution program, to investigate and prosecute cases for the period of July 1, 2021 through June 30, 2022.
2. Adopt Resolution authorizing the District Attorney to sign and submit the grant application, including the Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino County District Attorney’s Office, as required by the California Insurance Commissioner, subject to review by County Counsel, including any subsequent non-substantive amendments.
3. Direct the District Attorney to transmit all documents in relation to this grant application to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Michael Fermin, Assistant District Attorney, 382-3662)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the need for additional Discretionary General Funding (Net County Cost). The requested grant amount of $942,787 will be used to fund the County’s 2021-22 Automobile Insurance Fraud Prosecution Program (Program) including the following staffing: one Deputy District Attorney, two District Attorney Investigators, and one Secretary I. The District Attorney’s Office (Department) 2021-22 Budget includes $746,660 in anticipated revenue from this grant, based on the actual award received in 2020-21. Should a different amount ultimately be awarded for 2021-22, the Department will include a budgetary adjustment for approval by the Board of Supervisors (Board) at that time.
BACKGROUND INFORMATION
Section 1872.8 of the California Insurance Code and California Code of Regulations, Title 10, Chapter 5, Subchapter 9, Article 4, Section 2698.65 authorizes the California Insurance Commissioner to annually distribute funds assessed against insurers for the investigation and prosecution of automobile insurance fraud cases. Since 1991, San Bernardino County has received grant funding from the State for this purpose. Approval of the recommended actions will allow the Department to seek continued Program funding for 2021-22. The prosecution of automobile insurance fraud often results in reduced insurance claims payments and a commensurate decrease in automobile insurance premiums for County residents.
The grant application includes, as a required attachment, a Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino County District Attorney’s Office. Attached is a sample of the Joint Investigative Plan that will be signed and included as part of the application.
The California Insurance Commissioner sent notice to all participating agencies statewide that the due date to submit a grant application for the Program would be June 30, 2021. Due to the requirement to include statistical information through mid-June 2021, the Department anticipates that the final application will not be completed until June 25, 2021. After completion, and with the Board’s authorization provided in this item, the District Attorney will sign and submit the grant application to the State. A copy of this application will be filed with the Clerk of the Board and forwarded to County Counsel. The Board’s approval of this item, including the resolution authorizing the District Attorney to sign and submit the application, is required by the grant application process.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5437) on May 27, 2021; Finance (Carolina Mendoza, Administrative Analyst, 387-0294) on May 27, 2021; and County Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on June 1, 2021.