Wilmington City Code § 2-481 Short title.
Sec. 2-481. - Short title.
This division shall be known as the City of Wilmington Risk Management Program, all the terms of which are hereafter referred to as the program.
(Code 1968, § 30-110)
RISK MANAGEMENT PROGRAM
Wilmington City Code ch. 2, art. VI, div. 8
in effectWilmington City Code § 2-482 Creation and purpose.
Sec. 2-482. - Creation and purpose.
There is hereby authorized and created a risk management program and a risk management fund to be funded annually in an amount not less than that recommended by the city's actuarial advisor and to be maintained as an account separate from the general fund.
(1) General purpose of the program. The risk management program is established for the purpose of providing a system through which the city will retain certain risks and manage the claims which emanate from public liability incidents and the legal obligations imposed as the result of injury to employees. The risk management program is created for the purpose of paying all legitimate claims and expenses which arise under the program. The risk management program is hereby declared to provide coverage in the areas set forth in this division, subject to a policy issued by the director of risk management and employee benefits and subject to the approval of the risk management committee.
(2) Risk management fund. The risk management fund shall be a continuing appropriation, notwithstanding fiscal years, to be used for payment of the administrative costs, expenses, settlements, judgments, and claims of the risk management program. The risk management fund may also be augmented from time to time with transfers from other city accounts.
(3) Risk management committee. There is hereby created a risk management committee for the purpose of administering, in accordance with the provisions of this division, the risk management program with the director of risk management and employee benefits. The risk management committee shall be comprised of the administrative assistant to the mayor, the city solicitor, the director of finance, the city treasurer, two members of city council appointed by the president of city council, and the director of personnel.
(Code 1968, § 30-111; Ord. No. 93-011(sub 2), § 1, 4-1-93; Ord. No. 01-103, § 1, 10-18-01)
Wilmington City Code § 2-483 Nonwaiver of rights.
Sec. 2-483. - Nonwaiver of rights.
By establishing the risk management program and by purchasing excess insurance, the city does not waive or intend to impair any of its rights under law and no act pursuant to this program or act of purchasing excess insurance shall be construed as a waiver or intent to impair the city's rights. The rights reserved include, without limitation, the right of the city or of any city agency to assert sovereign immunity to the extent allowed by law and to assert restrictions and limitations on the amount of tort liability to which the city may be exposed under applicable law, and to assert restrictions and limitations on the collectibility of any tort judgment to the extent permitted by law.
(Code 1968, § 30-112)
Wilmington City Code § 2-484 Limitations on liability coverage.
Sec. 2-484. - Limitations on liability coverage.
The maximum liability for a claim or judgment by any one person for damages due to bodily injury, property damage, personal injury, wrongful acts or any other cause arising out of the same incident or occurrence shall not exceed $300,- 000.00. The maximum liability for a claim or judgment, or a portion thereof, when added to all other claims or judgments for damages because of bodily injury, property damage, personal injury, wrongful acts or any other cause arising out of the same incident or occurrence shall not exceed $300,000.00.
(Code 1968, § 30-113)
Wilmington City Code § 2-485 General administration of the account.
Sec. 2-485. - General administration of the account.
Recognizing the importance of maintaining the financial integrity of the risk management fund, the city hereby establishes the following general procedures regarding the administration of the risk management fund:
(1) Investments, earnings on investments, etc. The investment of moneys held in the risk management fund is authorized in accordance with the general investment policies and practices of the city. The moneys to be invested may be pooled with other city moneys for the purpose of investment. The city treasurer shall make provision for the prompt payment of all liquidated claims, settlements, and final judgments from the risk management fund and shall invest the moneys of the fund in a manner that allows access to such moneys for such purposes.
(2) Accounts and records system. The director of finance, in consultation with the city auditor, shall develop and maintain within the risk management fund such accounts and records as will provide a reasonable segregation and determination of assets and liabilities. A risk management information system shall be developed to maintain and record relevant factual, legal, financial, safety and loss prevention data pertaining to the risk management program and to integrate this data with the city's financial, personnel, legal and other databases. The risk management information system shall also track the historical loss data and other information necessary to sustain accurate and proper accounting practices. The accounts and records system shall include development of an appropriate claims reserve procedure.
(3) Supplemental appropriations. The city council shall appropriate and budget sufficient moneys to assure the solvency of the risk management fund and the effective management and operation of the risk management program. The risk management committee shall, from time to time, recommend such additional appropriations or budget amendments as may be required to assure the solvency of the risk management fund.
(4) Transfer prohibited. No money shall be transferred into or out of the risk management fund except as hereby authorized.
(5) Standard for payment. No claim shall be paid unless it appears that the city, its agencies, officers or employees is or may be legally liable for damages under the laws of the state or of the United States of America. Notwithstanding any provision of this division to the contrary, the program established in this division shall be administered in full accordance with the requirements of article IV, division 2 of this chapter (indemnification of officers and employees).
(6) Delegation of authority. The director of risk management and employee benefits or his designee may compromise, settle, adjust and authorize payment for claims for an amount not exceeding $25,000.00, and with the approval of the city solicitor, an amount not exceeding $50,000.00. The director of risk management and employee benefits or his designate may delegate up to $5,000.00 of such authority, at his discretion, to an independent claims adjusting firm. This subsection shall only apply to claims chargeable against the risk management program's automobile liability, general liability and worker's compensation lines of coverage and to claims in which there is no allegation of misconduct or wrongdoing by a city employee in the course of or in connection with the execution of an official duty.
(7) Settlement of claims against public officials or police officers. When a lawsuit is filed which alleges willful, wanton or intentional misconduct or wrongdoing on the part of a city employee committed in the course of or in connection with the execution of an official public duty, the risk management committee shall promptly be provided with a copy of the complaint. The director of risk management and employee benefits shall set a claim reserve for the claim and inform the risk management committee of the amount of such reserve. The risk management committee shall receive quarterly reports on the progress of the lawsuit and updated reserve information from the director of risk management and employee benefits. Any compromise and settlement of such claims may only be approved by the risk management committee.
(8) Quarterly reports. The director of risk management and employee benefits shall prepare a quarterly report to the risk management committee of all claims settled during each quarter of every fiscal year.
(Code 1968, § 30-114; Ord. No. 93-011(sub 2), § 1, 4-1-93)
Wilmington City Code § 2-486 Purchase of insurance.
Sec. 2-486. - Purchase of insurance.
The director of risk management and employee benefits shall recommend to the risk management committee the purchase of such insurance as may be appropriate to provide additional coverages to the extent that the loss exposure exceeds the reasonable capacity of the risk management fund to afford adequate coverage.
(Code 1968, § 30-115; Ord. No. 93-011(sub 2), § 1, 4-1-93)
Wilmington City Code § 2-487 Outside services.
Sec. 2-487. - Outside services.
The risk management committee is authorized to purchase such insurance consultant services, independent claims adjusting services, or other risk management services as may be required to implement and maintain the risk management program in accordance with the city's bidding policies and procedures.
(Code 1968, § 30-116)
Wilmington City Code § 2-488 Annual review.
Sec. 2-488. - Annual review.
(a) Additions or deletions of risks. At least annually, the risk management committee shall review the performance of the risk management program. Based on that review, the risk management committee may determine that certain other risks should be assumed by the risk management program or that covered risks should be deleted from the program. If the risk management committee determines that coverages should be added to or deleted from the risk management program, it shall make a recommendation to the mayor and city council for an appropriate amendment to this division.
(b) Annual performance reports. Annually, the director of risk management and employee benefits shall prepare or cause to be prepared a report on the status of the risk management program. This report shall include at least the following information:
(1) The moneys appropriated or contributed to the risk management fund and the premiums paid for commercial insurance under any excess insurance provision of the risk management program.
(2) The cost of administration and operation of the risk management program, including consulting and legal services.
(3) A summary of claims incurred, open reserves, and claims paid or closed without payment.
(Code 1968, § 30-117; Ord. No. 93-011(sub 2), § 1, 4-1-93)
Wilmington City Code § 2-489 Assignments of rights; reporting requirements.
Sec. 2-489. - Assignments of rights; reporting requirements.
No rights under this risk management program shall be assignable directly or indirectly by any insured, without the written and specific authorization of the risk management committee and the approval of the city solicitor. The director of risk management and employee benefits shall ensure compliance with applicable reporting requirements under state law.
(Code 1968, § 30-118; Ord. No. 93-011(sub 2), § 1, 4-1-93)
Wilmington City Code § 2-490 Joint insurance fund.
Sec. 2-490. - Joint insurance fund.
(a) Establishment and authorization. The city is hereby authorized to join together and to participate with public entities in a joint insurance fund for the purpose of insuring liability and workers' compensation as provided in 18 Del. C. § 404(c). The personnel director and the risk manager are hereby authorized to establish the program in the city and to participate in the joint insurance fund for such purposes.
(b) Bylaws. The bylaws of the public entity joint insurance fund, as prepared by the state insurance commissioner, shall be reviewed by the administrative board at the earliest possible time and, subject to approval of the administrative board, shall thereafter be applicable to the city's participation in the joint insurance fund.
(c) Further actions authorized. The personnel director and the risk manager are hereby authorized and directed to execute any and all documents on behalf of the city in connection with participation in the public entity joint insurance fund. Copies of all such documents shall be kept on file in the office of the personnel director, as secretary to the administrative board, and in the office of the risk manager.
(Ord. No. 92-087, § 1(30-119), 12-17-92)
Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTVIFI_DIV8RIMAPRFetched: 11/6/2026