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JUN 2 ® 1986 BOOK 64 F4,,7lit <br />68 <br />then he certainly felt we need to put the jail back where the <br />authority lies and what we need to talk about is what can we do <br />to get liability insurance on the jail immediately. He believed <br />it has been indicated that the Sheriff has a source which will <br />write that kind of coverage. Commissioner Wodtke assumed that <br />our insurance agent, Mr. Arden, has been contacted to see if he <br />can put a rider on our policy. <br />OMB Director Baird confirmed that he contacted the Arden <br />Agency, and Mr. Arden has been attempting to get such a rider but <br />has not been successful. He noted that the liability insurance <br />industry in general is in a state of upheaval at present. <br />y <br />It was generally agreed that this is not Mr. Arden's fault; <br />it is due to the state of the liability insurance industry <br />itself. <br />Commissioner Bird asked Attorney Vitunac if he had found <br />cases of law where suits have been filed relative to a jail, <br />naming the Board, and the court has found the Board was not <br />liable. <br />Attorney Vitunac noted one is cited in his memo, the second <br />case - White versus Palm Beach County. The Sheriff runs the jail <br />there, and the Sheriff and the Board were sued. The Board was <br />sued because it did not provide enough money for the jail to be <br />run properly, but the Judge said the fact that the county has a <br />duty to provide funds for the operation of the jail can hardly be <br />the basis for holding that it thereby becomes responsible for the <br />day to day designations of which prisoners are to be placed in <br />what cells, etc. That is the duty of the Sheriff. He also said <br />the decision of how much money they fund was a discretionary one <br />which is immune, and the county was dismissed from that case <br />except as the county was involved in the day to day operation of <br />the jail. <br />Board members felt this is just about opposite information <br />from what was given them previously, and Commissioner Bird <br />6 <br />