§ 2-268. Risk management division.

(a)

There is hereby created, within the human resources department, the risk management division.

(b)

The head of the risk management division shall be known as the risk manager.

(c)

The risk manager shall be authorized to:

(1)

Identify, manage, control and minimize the occupational risks and hazards associated with all activities of the city to the extent that the city's personnel, financial condition and assets are protected to the maximum extent possible and practical;

(2)

Ensure that resources be conserved to the maximum extent possible and practicable;

(3)

Administer the self-insurance fund; and

(4)

Terminate operations due to safety considerations and/or violations under applicable federal and state rules or guidelines until the operation can be resumed in the manner that does not pose a threat to persons or property.

(d)

Reserved.

(e)

Environmental, health and safety officer.

(1)

There is hereby created, within the risk management division, the position of environmental, health and safety officer.

(2)

The environmental health and safety officer, hereinafter "safety officer," shall report to the risk manager. The safety officer shall be primarily responsible for overseeing and supervising the environmental, health and safety program efforts of the city. The safety officer shall develop programs to provide for environmental compliance and the administration of the safety programs. The safety officer shall be empowered to act in the area of environmental compliance, safety, safety requirements and the administration of the safety program. All city employees shall recognize the safety officer in his or her official capacity and shall provide their fullest cooperation. The safety officer shall have the following duties with respect to the environmental, health and safety programs:

a.

To direct, coordinate, assist and support the safety of employees;

b.

To establish a formal safety program to minimize worker's compensation, automobile and general liability losses by identifying and eliminating accident-producing, unsafe hazards;

c.

To provide loss prevention services including regular and periodic inspections of facilities, equipment and supplies;

d.

To direct and coordinate the filing of written reports, recommendations and results in compliance with the requirements of the Florida Worker's Compensation Law, federal regulations and other applicable state law;

e.

To identify accident-producing hazards or conditions and insure the implementation of corrective measures; and

f.

To carry out such other duties, not inconsistent with the foregoing duties, as may be assigned by the risk manager.

(f)

Claims against the city. Worker's compensation claims and auto and general liability claims against the city shall be evaluated by the risk manager. All litigation, whether in the form of lawsuits, arbitration or administrative proceedings, emanating from such claims shall be referred to the office of the city attorney for legal defense.

(g)

Authority to settle claims. For the settlement of auto and general liability claims against the city, authority is hereby granted to the risk manager, city attorney, mayor and city commission as follows:

(1)

The risk manager may authorize payment for the settlement of claims in an amount not to exceed $5,000.00;

(2)

The risk manager, with the written concurrence of the city attorney, may authorize payment for the settlement of claims in an amount in excess of $5,000.00 but not in excess of $15,000.00;

(3)

The mayor with written concurrence of the risk manager and city attorney, may authorize payment for the settlement of claims in excess of $15,000.00 but not in excess of $30,000.00; and

(4)

The authorization for settlement of all claims in excess of $30,000.00 shall require approval of the city commission by formal resolution.

(Ord. No. 4538-14, § 3, 11-10-2014)