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Commissioners accept MCCA coverage for sheriff's bond after questions on liability limits
Summary
The Somerset County Commissioners accepted the MCCA self-funded risk pool's notice of coverage to satisfy the sheriff's bond statutory requirement but directed staff to clarify whether a $400,000 per-occurrence limit or a $2 million combined single limit applies and to raise statutory questions at the risk pool meeting.
The Somerset County Commissioners voted to accept the MCCA self-funded risk management pool's notice of coverage as sufficient to meet the statutory requirements for the sheriff's bond. The vote on Resolution 26-121 followed an extended workshop discussion of statutory language in Title 30-A and the practical implications of differing liability limits in the pool's coverage documents.
The District Attorney reviewed the statutory obligation under Title 30-A (citing 382 and 384) and presented a member coverage certificate prepared by Malcolm Almer of the risk pool, which showed a $100,000 commercial bond under crime coverage and additional liability language. Commissioners and counsel pressed staff to clarify inconsistent figures in the packet's documents: one section referenced a $400,000 per-occurrence liability limit, while a later page indicated a $2 million combined single limit inclusive of legal fees and claims expenses.
"If it's $2 million, I'm good. If it's $400,000, I'm not," one commissioner said during the meeting, summarizing the practical concern heard from others that some wrongful-death or liability claims could exceed lower limits. Commissioners discussed the legal standard of an officer acting "with due regard" in vehicle pursuits and whether that standard would shift liability to the county in third-party suits.
Members directed staff to bring back exact statutory language and to raise specific coverage questions at the risk pool meeting next Wednesday; Commissioner Skillings was asked to help articulate the questions the board wants answered. The board's acceptance of the notice of coverage was recorded by voice vote after the discussion.
What happens next: staff will confirm which liability limits apply, whether cyber and other coverages referenced in the packet are included, and report back to the commissioners before any change in reserve assumptions or larger policy decisions are made.
