Board of Trustees Policy Manual

Memorandum of Understanding By and Between The Board of Supervisors of Fairfax County, Virginia and the Fairfax County Library Board Concerning Personnel Administration, Grievance System, Legal Counsel and Representation, Representation and Indemnification of Claims, and Workers' Compensation

Whereas, the Board of Supervisors ("County Board") is the governing body of Fairfax County, Virginia; and

Whereas, the County Board has established a self-insurance program to cover many of the risks incident to governmental operations, including, but not limited to, liability under the Virginia Workers' Compensation Act, motor vehicle liability, and suits and claims against County officers, employees, and volunteers arising out of the discharge of their official duties; and

Whereas, the County Board has created the Fairfax County Library Board ("Library Board") by resolution dated February 1, 1939, pursuant to Section 365 of the General Library Laws of Virginia, to oversee the operations of the Fairfax County Public Library ("Library System"); and

Whereas, the City Council of the City of Fairfax and the County Board have entered into agreements on April 7, 1965, and in 1978, concerning, inter alia, the Library System; and

Whereas, the County Board and the Library Board desire to clarify, ratify and confirm their mutual arrangements with respect to such claims and other matters;

Now, therefore, the County Board and the Library Board are mutually agreed as follows:

1. The Library Board and the County Board are mutually agreed that the employees who work in the Library System shall be subject to and under the Fairfax County personnel system, including, but not limited to the provisions of the Fairfax County Code concerning personnel matters and retirement of County employees, the Personnel Regulations adopted by the County Board governing the County's competitive service, and the procedural memoranda promulgated for the County's exempt service. All positions in the Library System shall be classified under the County Position Classification Plan and shall be allocated to a pay grade under the County Compensation Plan. It is further agreed that all positions in the Library System shall be allocated to either the competitive or exempt service. The appointing authority for the Director of the Library System ("Director") shall be the Library Board. The appointing authority for all other employees in the Library System shall be the Director. Employees in the Library System shall have access to the County Board's grievance procedure on the same basis as other County employees. The County Executive shall determine the issues of grievability of complaints of employees in the Library System, access, and compliance, in accordance with the County's grievance procedure subject to such appeals as are provided by law.
    
2. The County Board and the Library Board further agree that in civil matters the County Attorney shall advise the Library Board and the employees in the Library System and shall bring or defend any actions arising out of the performance of their official duties in which the Library Board or employees in the Library System are a party. Among other matters, the County Attorney, or his or her designees, shall represent the Library Board in all proceedings arising under the Virginia Workers' Compensation Act and in grievance appeals before the Fairfax County Civil Service Commission on the same basis as other County agencies. In the event that the County Attorney determines that in a particular matter his or her acting as legal counsel to the Library Board and/or employees in the Library System creates a potential or actual conflict with his or her duties as County Attorney, the County Attorney shall retain outside legal counsel for the Library Board in such matter.
    
3. The County Board has been approved as a self-insurer for purposes of the Virginia Workers' Compensation Act. The County Board and Library Board also agree that for purposes of the Virginia Workers' Compensation Act the employees in the Library System shall be treated as employees of the County Board.
   1. The County Board will take all necessary steps to include the Library Board and Library System as a named "included subdivision" on its certificate of self-insurance issued by the Virginia Workers' Compensation Commission.
   2. The County Board by and through its Risk Manager, shall consider such workers' compensation claims as may be filed from time to time by employees in the Library System and shall accept or deny such claims and administer such benefits as it deems appropriate in its sole discretion. If any such claims are denied, the County Board, by the County Attorney, shall provide such legal defense as it deems appropriate in its sole discretion. All such claims which are accepted by the County Board or which are determined to be compensable in legal proceedings under the Virginia Workers' Compensation Act, shall be paid by the County Board on behalf of the Library Board.
   3. The County Board and the Library Board agree that the County Board shall be subrogated to all rights of the Library Board with respect to such workers' compensation benefits and compensation paid by the County Board to employees in the Library System.
   4. In accordance with existing County policy, the County Board and the Library Board agree that the County Board will provide the same Accidental Death and Dismemberment insurance currently provided to County volunteers to cover the members of the Library Board while they are traveling to and from the places where they conduct business as members of the Library Board, as well as during the time they are conducting Library Board business. For this purpose, the two Boards are agreed that members of the Library Board shall be deemed volunteers.
       
4. Motor vehicles owned by the Library System are and shall be titled in the name of the County Board and the employees and other persons in the Library System who are authorized to use them are and shall be covered by the provisions of the County Board's certificate of self-insurance for motor vehicle liability, issued by the Virginia Department of Motor Vehicles.
    
5. The County Board and the Library Board also agree that the Library Board, to the extent that it is a sur juris body, subject to suit separate and apart from the County, the members of the Library Board who are appointed by the County Board, and the employees and volunteers in the Library System shall be covered, to the extent not covered by existing or future liability insurance policies, by the County's self-insurance resolution and shall be provided legal representation by the County Board on the same terms and conditions as other members of boards and commissions appointed by the County Board and other County officers, employees and volunteers who are covered by that resolution. County Board .and Library Board agree that the Library Board member appointed by and for the City of Fairfax shall be indemnified by the City of Fairfax by such insurance or self-insurance it provides for its authorized volunteers. County Board and the Library Board also agree those volunteers in the Library System shall continue to be covered under the insurance policies obtained by the County Board to provide coverage for volunteers providing services to the County. It is further agreed by the County Board and the Library Board that for purposes of insurance covering volunteers, members of the Library Board shall be considered "volunteers."
    
6. The Library Board and the County Board further agree that the County Board's Risk Management Division shall administer the claims described in paragraphs 3,4, and 5, supra, against the Library Board, its members, employees and volunteers on the same basis as it administers such claims against the County Board, its members, employees and volunteers. The Library Board agrees that it shall follow the County's Risk Management policies and procedures in connection with such claims.
    
7. The Library Board and the County Board also agree that the Library Board will be billed annually for the coverages and services provided by the County Board under paragraphs 3, 4, 5, and 6 of this memorandum of understanding. In addition, the Library Board agrees that it will reimburse the County Board for any penalties assessed under the Virginia Workers' Compensation Act which are due to the failure of the Library Board or the employees in the Library System to make any report required under the Act or by the County Board's Risk Management policies and- procedures.
    
8. Nothing contained in this memorandum of understanding shall be construed to abrogate or waive any governmental immunity of the County of Fairfax, Virginia of its Board of Supervisors and its members, or of any of its officers, employees, volunteers and members of boards and commissions or of the Library Board. of the Library System or of any of its officers, employees and volunteers. Further, nothing contained in this memorandum of understanding shall be construed as to abrogate or waive any action required by state law in the prosecution of a claim against the County, its Board, or any of its officers, employees, volunteers and members of its boards and commissions or against the Library Board or its members, the Library System, or any of its officers, employees, and volunteers.
    
9. The obligations of the County Board and the Library Board under this memorandum of understanding are subject to the availability of appropriated funds.
    
10. This memorandum of understanding shall continue in effect until subsequently rescinded or amended by the Library Board and the County Board. Further, either the County Board or the Library Board may terminate this memorandum of understanding in whole or in part upon one hundred and eighty (180) days written notice to the other.
     
11. In the event of termination, all obligations of the County Board and the Library Board under the terms of this memorandum of understanding shall cease as of the effective date of termination; provided, however, that:
    1. any representation under paragraphs 2, 3, 4, and 5 which commenced prior to the effective date of termination shall continue until an order is entered which finally terminates the matter;
    2. the County Board shall continue to be responsible for any workers' compensation claim which was submitted to the County's Risk Manager prior to amending of the County Board's self-insurance certificate by the Virginia Workers' Compensation Commission to delete the Library Board and Library System as an "included subdivision;"
    3. the County Board shall continue to be responsible for any claim under paragraphs 4 or 5 which occurred and which had been reported to the County Board prior to the effective date of termination: and
    4. any complaint of an employee in the Library System which was determined to be grievable under the County's grievance procedure prior to the effective date of the termination shall be subject to a final and binding determination under the County Board's grievance procedure;
    5. to the extent that the County Board has a continuing obligation to the Library Board for certain claims and representations after the effective date of termination under subparagraphs a, b, c or d, under the provisions of this memorandum of understanding, the Library Board's obligations to the County Board with respect to such claims remain in full force and effect.
        
12. In the event that any provision of this memorandum of understanding is subsequently determined to be void by a court of competent jurisdiction, it shall be deemed severed and all other provisions shall continue in full force and effect.
     
13. This memorandum of understanding shall take effect immediately upon its approval by the County Board and the Library Board. Such approval shall be indicated by the signatures of the County Executive and the County's Personnel Director, and Director of the Library System, respectively.