San Francisco County Grand Jury • 2006-2007

The Purpose of the Civil Grand Jury The purpose of the Civil Grand Jury is to investigate the operations of the various*

Published: July 05, 2007 26 pages
View Original PDF

Findings and Recommendations 18 findings

F1
is a major enterprise which engages in numerous and major undertakings, many involving risks with significant loss exposure.
No recommendations for this finding
F2
The City should have a sophisticated risk management program comparable to what would be found in a private sector business with similar assets, revenue, and risk exposure.
Related Recommendations (1)
R1
The City should create a risk management program that conforms to best business practices, is highly developed, embraces technology-based risk management tools, and is applicable to all City departments. The Office of the Mayor Responses required from The Office of the Controller The Office of Risk Management The City Administrator (60 days) The Board of Supervisors (90 days) 13 "Pulling" refers to removing the driver from his driving assignment.
F3
The Office of Risk Management, with its inadequate staffing and apparent limited status within City government, is performing as well as it is able under the current circumstances.
No recommendations for this finding
F4
The Office of Risk Management, as it is now configured, is so inadequate that it cannot begin to provide the level of risk management leadership needed by the departments.
No recommendations for this finding
F5
If it is to take the lead in developing and implementing a citywide risk management program, The Office of Risk Management must have a highly skilled and well qualified staff. > Recommendation 2: The creation of a risk management program must include an assessment of current risk management staff and a determination of what else is needed for the successful launch of a citywide risk management program. The City Administrator Responses required from The Office of Risk Management (60 days) City operations are decentralized, which means that risk management
No recommendations for this finding
F6
programs are not citywide and not centralized within the Office of Risk Management. > Recommendation 3: The Office of Risk Management must have the authority necessary to implement a citywide risk management program. The Office of the Mayor Responses required from The City Administrator (60 days) The Board of Supervisors (90 days) There is tension and lack of cooperation between the Office of the City
No recommendations for this finding
F7
Attorney and the Office of Risk Management. The current state is counter-productive to the promotion of risk management at the department level. The continuance of a "silo mentality" will inhibit the success of future efforts to create a centralized, citywide risk management program. > Recommendation 4: The Mayor and the City Attorney should exercise their authority and leadership to insure cooperation between the staff of the Office of the City Attorney and the Office of Risk Management. The Office of the Mayor Responses required from The City Administrator The Office of the City Attorney (60 days)
No recommendations for this finding
F8
With rare exception, it is the policy of the City to be self-insured, to neither purchase excess insurance nor participate in insurance pooling programs such as those sponsored by the California State Association of Counties.
No recommendations for this finding
F9
The Civil Grand Jury is unaware of any analysis supporting the financial soundness of the City's policy regarding its insurance program.
No recommendations for this finding
F10
There is insufficient data to determine whether the City's policy of self- insurance is economically sound.
Related Recommendations (2)
R6
The City should engage a consultant to review its current insurance program to determine whether the current plan of self insurance remains the most cost-effective plan of insurance, whether the City would benefit from the inclusion of other insurance such as excess insurance or insurance polices with a high self insured retention. The Office of the Controller Responses required from The Office of Risk Management The City Administrator (60 days) The Board of Supervisors (90 days) > Recommendation 7: The Office of Risk Management should be directed to request insurance quotes for standard commercial coverage for the City. Responses required from The City Administrator The Office of Risk Management (60 days)
R9
In insuring against the liability risks of City-owned ➣ vehicles, the City should explore and compare the financial advantages of an insurance program consisting of (1) a commercial insurance package (2) self-insurance, or (3) a combination of self and commercial insurance. The City Administrator Responses required from The Office of Risk Management The Office of the Controller (60 days) The Board of Supervisors (90 days)
F11
The most frequent and costly claims involve City-owned vehicles, with the highest incidence of occurrence in the San Francisco Police Department, the Department of Public Works, and SFMTA (the Municipal Railway and Parking and Traffic). Although two reports have addressed claims arising out of City-owned
No recommendations for this finding
F12
vehicles, the recommendations contained in the reports have been largely ignored and not implemented.
Related Recommendations (1)
R8
The October 15, 1999, "Judgment and Claims Report" from the Office of the Legislative Analyst, and the March 2001 "Review of Claims, Settlements, and Litigation Data for City Departments" from the Budget Analyst for the Board of Supervisors should be reviewed and the recommendations contained therein implemented. The Office of the Mayor Responses required from The Office of Risk Management The City Administrator (60 days) The Board of Supervisors (90 days)
F13
The City's policy is to fund settlements and judgments from the General Fund. This means that funds which could be spent on other programs are used to settle liabilities incurred as the result of the alleged negligence or wrongdoing of City departments. The 1999 and 2001 reports each recommended that the City consider
No recommendations for this finding
F14
holding departments financially accountable for their losses. As of the date of this report, settlements do not have a negative impact on a department's operating budget or the career status of department heads. With the lack of consequences at the department level, the current system is virtually a "Get Out of Jail Free" card for department heads.
Related Recommendations (1)
R10
The City should hold Heads of departments ➣ accountable for losses arising out of their respective departments. The Office of the Mayor Responses required from San Francisco Municipal Transportation Agency San Francisco Police Department San Francisco Department of Public Works (60 days) The Board of Supervisors (90 days)
F15
The City Attorney manages the City's claims and defends the City in litigated cases. Citing strategic considerations, the City Attorney withholds information the departments need to conduct critical incident analysis. Responses required from The Office of the City Attorney (60 days) Citing legal privileges, the City Attorney has not provided a detailed
No recommendations for this finding
F16
accounting of the City's loss history for the purpose of evaluating the City's insurance and risk management programs.
Related Recommendations (2)
R5
The Office of the City Attorney should produce a standard loss run detailing the City's loss history which is acceptable to insurance company underwriters. The Office of the City Attorney Responses required from The Office of Risk Management (60 days)
R11
The City Attorney should produce a standard loss run constituting the City's history of loss and should make it available to the Office of Risk Management. Responses required from The Office of the City Attorney The Office of Risk Management The City Administrator (60 days)
F17
The City's self-insurance program combined with the total dominance of the City Attorney in the management of claims and litigation and the City's internal structure for both the approval and funding of settlements creates an incestuous system, not subject to best business practices of accountability, outside public scrutiny or evaluation. The Office of the City Attorney Responses required from The Office of the Controller The City Administrator (60 days) The Board of Supervisors (90 days)
No recommendations for this finding
F18
The administration of the Asian Art Museum is not an active participant in the process of obtaining insurance coverage for its collection and has no way of evaluating the adequacy of its coverage.
Related Recommendations (1)
R12
The Risk Management Office should consult with Museum administration during the renewal process, provide the Museum with a copy of its policy, and explain key policy terms. The Risk Management Office Responses required from The Asian Art Museum (60 days) IX. CHART OF REQUIRED RESPONSES 5 7 8 9 RECOMMENDATIONS: 2 3 4 6 10 11 12 1 Requires Response : Board of Supervisors X \mathbf{X} \mathbf{X} X \mathbf{X} \mathbf{X} Requires Response : The Mayor X \mathbf{X} \mathbf{X} \mathbf{X} \mathbf{X} City Administrator X X X X X X X X X Office of Risk Management X X X X \mathbf{X} \mathbf{X} X \mathbf{X} \mathbf{X} X City Attorney X \mathbf{X} Office of the Controller X X X Department of Public Works \mathbf{X} Municipal Transportation Agency \mathbf{X} Police Department X Asian Art Museum X - . Ι... X. GLOSSARY Adjuster14 - A representative of the insurer who seeks to determine the extent of the insurer's liability for loss when a claim is submitted. Aggregate Limit - Usually refers to liability insurance and indicates the amount of coverage that the insured has under the contract for a specific period of time, usually the contract period, no matter how many separate accidents might occur. Broker - Insurance salesperson that searches the marketplace in the interest of clients, not insurance companies. Casualty - Liability or loss resulting from an accident. Casualty Insurance - That type of insurance that is primarily concerned with losses caused by injuries to persons and legal liability imposed upon the insured for such injury or for damage to property of others. It also includes such diverse forms as plate glass, insurance against crime, such as robbery, burglary and forgery, boiler and machinery insurance and Aviation insurance. Many casualty companies also write surety business. CSAC-EIA: The California State Association of Counties (CSAC)15 formed the Excess Insurance Authority (EIA) as a Joint Powers Agency in 1979 to serve the insurance and risk management needs of California counties. CSAC believes that the EIA program has greatly reduced the cost of excess insurance for participating counties. CSAC Excess Insurance Authority offers several insurance programs to California Counties. Of interest in the liability area are: excess liability for large counties with SIR of $1 million or greater and limits of $10 million; excess workers' compensation; and, medical malpractice for county hospitals, county mental health and public health. EIA also offers all risk property damage programs, including earthquake coverage and excess workers' compensation. Terms in bold are quoted from the Best Insurance Resources http://www.ambest.com/resource/glossary.html#E 14The primary purpose of CSAC is to represent county government before the California Legislature, administrative agencies and the federal government. CSAC places a strong emphasis on educating the public about the value and need for county programs and services. CSAC website: www.csac.counties.org 16 Membership in the EIA is open to all CSAC member counties. Most of the counties in California are members of the EIA. The EIA has dramatically reduced member county excess insurance costs by using the combined purchasing power created by the group. Non-member counties have also benefited from the competitive role that the EIA has assumed in the public sector insurance marketplace. The EIA is governed by a board of directors comprised of one representative from each member county. The EIA is accredited by the California Association of Joint Powers Authorities and recognized as a highly successful and effective organization. CSAC website:www.csac.counties.org \Pi X.

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.