§ 2-324. Uninsured loss fund.

Recognizing the importance of maintaining the financial integrity of the uninsured loss fund, the county hereby establishes the following general procedures regarding the administration of the fund.

(1)

The clerk of the circuit court of the county (hereafter the clerk) shall be responsible for the administration of all financial affairs of the uninsured loss fund.

(2)

In administering the uninsured loss fund, the clerk shall adopt and follow generally accepted accounting standards and procedures.

(3)

The board of county commissioners shall establish the amount of the fund of the uninsured loss fund for each forthcoming fiscal year upon the recommendation of the county administrator and, at the direction of the board, upon the advice of an independent actuary.

(4)

If for any reason the unrestricted balance in the uninsured loss fund is a negative balance during the fiscal year, such fact shall be noted in a written report by the county administrator to the board of county commissioners. The county administrator shall, from time to time, recommend such additional appropriations or budget amendments as may be required to ensure the solvency of the uninsured loss fund.

(5)

The county administrator and clerk shall pay, or cause to be paid, all approved claims for damages or other liability arising out of any loss not covered by the county's insurance policies.

(6)

The county administrator and the clerk are authorized to pay or cause to be paid from the uninsured loss fund the administrative costs and the fees and costs involved in or related to the retention and use of support services for the program, under established purchasing policies and procedures and within purchasing authority levels.

(7)

The program shall be financed by the funds placed in the uninsured loss fund hereby established to which shall be credited all money deposited by appropriation or from any other source related to the fund. The fund shall consist of:

a.

Any appropriation heretofore made for the expenditure of public funds to protect the county against loss, including related insurance premiums;

b.

Appropriations for the payment of losses, claims and judgments against the county;

c.

Any costs, contributions or indemnities recovered from other parties;

d.

Fines and forfeitures levied against employees as a result of being found responsible for preventable accidents and losses; and

e.

Income accruing from the investment of the fund.

(8)

Funds are to be expended in accordance with the provisions and for the purposes stated in this article. The fund shall be segregated from other funds of the county, shall be appropriated in the annual county budget, and shall be administered under the direction of the county administrator.

(9)

For the purpose of this article, the term "losses" means loss of or damage to real and personal property not recoverable from insurance or any other source; the term "claims" means all actual or alleged responsibilities to others arising out of the ownership, maintenance and use of all county property, all operations of the county, and all acts or omissions of the county's elected officials, appointees, agents and employees while acting within the scope of official duties. Except that, in the best interest of the county, the following risks are to remain separately insured and nonparticipatory in the program:

a.

Airport liability; and

b.

Law enforcement liability, public official liability, automobile liability/physical damage, and aircraft liability of the sheriff's department.

(Code 1979, § 2-458; Ord. No. 25-1988, § 3; Ord. No. 5-1991, § 1; Ord. No. 11-1995, § 2; Ord. No. 37-1999, §§ 2, 3)