REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 9, 2025
FROM
TOM BUNTON, County Counsel
VICTOR TORDESILLAS, Deputy Executive Officer, Department of Risk Management
SUBJECT
Title
Ordinance Relating to the Authority of the County Counsel and the Risk Manager
End
RECOMMENDATION(S)
Recommendation
1. Consider proposed ordinance relating to the authority of the County Counsel and the Risk Manager to file and settle claims and lawsuits.
2. Make alterations, if necessary, to proposed ordinance.
3. Approve introduction of proposed ordinance.
* An ordinance of San Bernardino County, State of California, to amend sections 12.1907 and 12.3405 of the San Bernardino County Code, relating to the Authority of the County Counsel and the Risk Manager.
4. SCHEDULE ORDINANCE FOR FINAL ADOPTION ON TUESDAY, SEPTEMBER 23, 2025, on the Consent Calendar.
(Presenter: Tom Bunton, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not impact Discretionary General Funding (Net County Cost). Settlements of claims will be paid from various departments' budgets or by the Department of Risk Management.
BACKGROUND INFORMATION
The proposed ordinance revises the County Code to provide clear authority for the County Counsel and Risk Manager in connection with filing or settling of lawsuits involving the County or other entities governed by the Board of Supervisors/Board of Directors (Board). This will allow for the more efficient resolution of some lawsuits.
Under the proposed ordinance, the County Counsel or designee, with consent of the involved department, is authorized to file a lawsuit or other legal action to seek compensation for damage to property or injury to an employee while the employee is in the course and scope of his/her employment. Further, the County Counsel or designee is authorized to settle claims and lawsuits provided: (1) the settlement does not exceed $50,000; (2) the County department or other Board governed entity involved and any outside counsel handling the case agree with the settlement; (3) an insurance company does not have the ability to settle the claim; (4) it is not handled by the Risk Management Department; and (5) does not involve an employee or former employee's claim that solely alleges entitlement to back-pay. The County Counsel, or designee, is authorized to settle claims or lawsuits filed by the County or other Board governed entity where the settlement is no more than $50,000 less than what is owed to the County or Board governed entity.
The proposed ordinance also expands and clarifies the authority of the Risk Manager. It authorizes the Risk Manager or designee, with consent from the County Counsel, to agree to the filing of a lawsuit or other legal action to seek compensation for damage to property or injury to an employee while the employee is in the course and scope of his/her employment. The Risk Manager is authorized to settle any tort liability claim or lawsuit, provided the settlement does not exceed $50,000, County Counsel agrees with the settlement, and the claim or lawsuit is not subject to an insurance policy where the insurance company has the authority to settle the claim or lawsuit. The Risk Manager is authorized to settle any tort liability claim or lawsuit filed by the County or other Board governed entity, provided the settlement is no more than $50,000 less than what is owed to the County or Board governed entity. The Risk Manager or designee is authorized to settle workers' compensation cases or to settle lawsuits seeking to recover workers' compensation benefits under certain circumstances.
If the introduction of the ordinance is approved, the ordinance will be on the September 23, 2025 agenda for adoption and if adopted, will become effective 30 days later.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel and Laura Feingold, Chief Assistant County Counsel, 387-5455) on August 21, 2025; Risk Management (Rebecca Suarez, Interim Director, 386-8723) on August 6, 2025; and County Finance and Administration (Penelope Chang, Principal Administrative Analyst, 387-4886) on August 6, 2025.