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HomeMy WebLinkAbout2025-019 - Res. Establishing the Mason County Compensation Board Policy Resolution No. dl Resolution Establishing the Mason County Compensation Board Policy in Compliance with the Revised Code of Washington (RCW)38.52.210 WHEREAS, the purpose of this policy is to establish guidelines for the Mason County Compensation Board to conduct meetings in accordance with Washington State laws, including the Open Public Meetings Act(OPMA)and RCW 38.52.210;and, WHEREAS, this policy shall apply to all Compensation Board members, County staff, and members of the public who wish to attend and participate in the Mason County Compensation Board meetings;and, NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby adopt the Mason County Compensation Board Policy(Attachment A). DATED this 15"day of April,2025. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON 0 �;111�Jll+Cl 1Aa05P►'l� McKenzie Smith,C erk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Pat Tarzwell,Vice-Chair Jam_ Tim Whitehead,Chief Deputy Prosecuting i�" Attorney Ra dy N athe 'n,Commissioner MASON COUNTY COMPENSATION BOARD IN-PERSON MEETING POLICY MEETING REQUIREMENTS I. Purpose The purpose of this policy is to establish guidelines for the Mason County Compensation Board to conduct meetings in-person, in accordance with Washington State laws, including the Open Public Meetings Act(OPMA) and RCW 38.52.210. H. Scope This policy applies to all Compensation Board members, county staff, and members of the public who wish to attend and participate in in-person meetings. III. Authority This policy is enacted under the authority of the Mason County Board of County Commissioners (BOCC) and aligns with state regulations governing public meetings and emergency management compensation claims. IV. Meeting Format 1. The Compensation Board shall consist of: A County Commissioner serving as the Chair; the County Director of Emergency Management; Director of Emergency Services; the Prosecuting attorney, and the County Auditor serving as the secretary. 2. The Compensation Board conducts meetings in-person with the time and location published on the Mason County Emergency Management website. 3. In the event a board needs to convene during a disaster activation, and physical location. is not available, an in-person meeting can be conducted, at the direction of the County Administrator. V. Public Notification &Access 1. Meeting notices must be published in accordance with OPMA,providing details on the date,time, and method of access at least 24 hours in advance. 2. A public link or call-in number shall be provided in the meeting notice to ensure open access. 3. The meeting platform must allow for public observation and participation as required by law. VI. Voting& Decision-Making 1. All members participating virtually shall be considered present and counted toward quorum requirements. 2. Voting shall be conducted via roll call to ensure accuracy and transparency. 3. The Chair shall ensure that all members have the opportunity to speak and be heard before a vote is taken. April 15, 2025 11 P a g e VII. Technical Requirements & Troubleshooting 1. Compensation Board members must use county-approved devices and internet connections to ensure security and functionality. 2. If technical difficulties occur that prevent quorum or public participation,the meeting must be adjourned and rescheduled. 3. County IT support will be available to assist with in-person meeting issues as needed. OPERATIONAL REQUIREMENTS .I.Recordkeeping& Compliance 1. In-person meetings shall be recorded and retained in compliance with public record laws. 2. Meeting minutes shall be taken and published in accordance with the standard procedures. 3. The Board shall review this policy annually to ensure compliance with any legislative changes. H. Claims Injuries /Immediate Treatment 1. (1) The injured person shall have been a registered emergency worker, activated by an authorized official for an authorized activity under the provisions of chapter 38.52 RCW, and shall have reported to or been in the process of reporting to the authorized on-scene official. (2)The emergency management division shall provide forms for personal injury claims (Form EMD-084,medical expenses claim),parts of which must be completed by the local emergency management agency,the claimant, and the attending physician. This form shall be submitted with documentation to the local emergency management agency. (3) For missions occurring outside an injured person's jurisdiction of residence, the claimant may file the claim with the local agency in the jurisdiction of residence,provided that the local emergency management agency director in the injured person's jurisdiction of residence coordinates the claim with the local emergency management director in the jurisdiction where the mission occurred. (4) In the event of injury to an emergency worker, the agency responsible for the on- scene authorized official shall be notified as soon as possible. (5)The on-scene authorized official shall advise the local emergency management agency director of any injuries, as soon as possible, and shall provide appropriate and timely documentation. The local emergency management agency director shall notify the emergency management division of any injuries as soon as possible. The emergency management division shall assist the local emergency management agency director in processing claims. (6)Labor and industries workers' compensation forms shall not be used,nor shall medical expense claims be submitted to the department of labor and industries for a claim made pursuant to chapter 38.52 RCW. April 15, 2025 2 1 P a g e (7)Documentation shall include any reports,mission logs, ambulance and hospital bills, receipts,medical reports, or other information helpful in describing the extent of the injury,the circumstances under which the injury occurred, and the costs that were incurred as a result of the injury. (8) The injury, disability, or death shall not have been caused by the willful misconduct, gross negligence, or bad faith of the claimant. (9) Compensation for injury, disability, death, and related claims shall be adjusted and paid in accordance with department of labor and industries workers' compensation schedules. (10) For claims in excess of the amount set by RCW 38.52.220, a compensation board shall convene to review the claim under RCW 38.52.210, 38.52.220, 38.52.230, 38.52.240, and 38.52.250. (a) The local emergency management agency shall notify the emergency management division of any pending claim in excess of the amount set by statute. (b) The claimant shall be notified of date, time, and place of the compensation board hearing by the local emergency management agency director by personal service or registered mail. (c) The compensation board established under chapter 38.52 RCW may request that the claimant appear before the board. (d) The local emergency management agency director shall transmit the findings and recommendations of the compensation board to the emergency management division for disposition. (11) In accordance with RCW 51.28.050, no claim for injury shall be valid unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued except as provided in RCW 51.28.055. 2. In the case(s)that the EW is not able to pay for the treatment in advance, Emergency Management Department form EMD-084 is completed,taken to their appointment with the physician to complete and provide an invoice for the costs (<$2,000) is submitted to the local Emergency Management administrator for processing. - 3. All claims will have the supporting document before being processed: (1)EMD-084 (2) ICS-213 (Statement of Incident, completed by the Injured Worker and processed through Incident Command. (3) ICS-213 (Statement of Incident, Completed by the Injured Workers Supervisor during the activation. (4) ICS-214 Logging in the incident and the actions taken. (5) Activation Sign-in and Sign-out Log Claims for Property Damage In Washington State,the process for filing property damage claims varies depending on the responsible party and the nature of the damage. The following guidelines should be followed: 1. Filing a Claim Against a Government Entity: April 15, 2025 3 1 P a g e o Determine the appropriate jurisdiction for the claim(state, county, or city government). o Obtain and complete the relevant claim form from the entity responsible. o Submit the completed form through the entity's designated submission method (e.g., online,mail, or in-person). o Three formal estimates are required 2. Filing a Claim with an Insurance Company: o Review your insurance policy to understand coverage details and requirements. o Document the damage with photographs and receipts. o Contact your insurance provider and follow their claim process. 3. Filing a Claim Against Another Individual or Business: o Gather evidence such as photographs,witness statements, and receipts. o Communicate with the party responsible to seek a resolution. o If necessary, consider filing a civil claim in the appropriate court. 4. All claims will have the supporting document before being processed: (1) EMD-086 (2) ICS-213 (Statement of Incident, completed by the Emergency Worker and processed through Incident Command. (3) ICS-213 (Statement of Incident, Completed by the Emergency Worker Supervisor during the activation. (4) ICS-214 Logging in the incident and the actions taken. (5)Activation Sign-in and Sign-out Log Key considerations for all claims include timely reporting, accuracy in providing details, and maintaining proper documentation to support the claim. To receive Emergency Worker Program claim payments, individual emergency workers and volunteer organizations (501(c)(3)) must register as payees with the State of Washington. III. Appeals Process If a claim is denied or a claimant disagrees with the Compensation Board's decision,they may appeal using the following process: 1. The claimant must submit a written appeal within 30 days of receiving the decision. The appeal should detail the reasons for disagreement and include any supporting documentation. 2. The appeal must be submitted using an ICS-213 General Message Form and addressed to the Incident Commander, who must approve and endorse the appeal using an ICS-213. 3. If the appeal is due to a lack of documentation,the claimant must fully explain any missing records, invoices, or evidence supporting their claim. 4. The Incident Commander will review the appeal and may request additional information from the Compensation Board or the claimant as necessary. 5. The Incident Commander will provide a formal written decision on the appeal within 15 business days of receipt. 6. If further review is necessary,the appeal may be forwarded to the Mason County Board of County Commissioners for final determination. If a claim is denied or a claimant April 15,2025 4 1 P a g e disagrees with the Compensation Board's decision,they may appeal using the following process: 7. The claimant must submit a written appeal within 30 days of receiving the decision. The appeal should detail the reasons for disagreement and include any supporting documentation. 8. The appeal must be submitted using an ICS-213 General Message Form and addressed to the Incident Commander. 9. The Incident Commander will review the appeal and may request additional information from the Compensation Board or the claimant as necessary. 10. The Incident Commander will provide a formal written decision on the appeal within 15 business days of receipt. 11. If further review is necessary,the appeal may be forwarded to the Mason County Board of County Commissioners for a final determination. IV. Effective Date This policy shall take effect immediately upon approval by the Mason County Board of County Commissioners and the Compensation Board. Approved by: Chair, Mason County Compensation Board Date: Mason County Board of County Commissioners Date: April 15, 2025 5 P a g e