2018-1514 RESOLUTION NO. 2018-1514
A Resolution Acknowledging the Common Council's Approval for the Reauthorization of Self-
Insurance for Worker's Compensation.
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JANESVILLE, WI
WHEREAS, Chapter 102 of the Wisconsin Statutes, the Wisconsin Worker's Compensation
Act ("Act"), provides that employers covered by the Act either insure their liability with worker's
compensation insurance carriers authorized to do business in Wisconsin or be exempted ("self-
insured") from insuring liabilities with a carrier and, thereby, assume the responsibility for its own
worker's compensation risk and payment; and
WHEREAS, the State and its political subdivisions may self-insure worker's compensation
liability and risk without a special order from the Department of Workforce Development (Department)
if they agree to report faithfully all compensable injuries and agree to comply with the Act and rules of
the Department; and
WHEREAS, Wis. Stats. § 102.01(2)(ap) "Department" means the Department of Workforce
Development and Wis. Stats. § 102.01(2)(d) "Local governmental unit" means a political subdivision
of this state; and
WHEREAS, the City of Janesville is a Wisconsin Municipal Corporation and., thus, a "local
governmental unit" which is a qualified "political subdivision" of the State of Wisconsin; and
WHEREAS, the Department of Workforce Development adopted Wisconsin Administrative
Code DWD 80.60 which reads in pertinent part as follows:
"DWD 80.60(3) REQUIREMENTS FOR THE STATE AND ITS POLITICAL SUBDIVISIONS.
(a)The state and its political subdivisions may self-insure without further order of the
department, if they are not partially-insured or fully-insured, or to the extent they are not
partially-insured by written order under s. 102.31 (1), Stats., under one or more policies,
and if they agree to report faithfully all compensable injuries and agree to comply with
ch. 102, Stats., and the rules of the department. However, any such employer desiring
partial-insurance or divided-insurance must submit an application to the department and
be given special consent as described in s. DWD 80.61.
(b) 1. Any political subdivision or taxing authority of the state electing to self-insure
shall notify the department in writing of the election before undertaking self-insurance,
every 3 years after the initial notice, and 30 days before withdrawing from the self-
insurance program.
2. The notice of election to self-insure shall be accompanied by a resolution,
adopted by the governing body and signed by the elected or appointed chief executive
of the applying political subdivision or taxing authority, stating its intent and agreement
by the governing body to self-insure its worker's compensation liability and an
agreement to faithfully report all compensable injuries and to comply with ch. 102,
Stats., and the rules of the department in accordance with s. 102.28 (2) (b) and (c),
Stats.' and
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WHEREAS, the Common Council of the City of Janesville this evening at their Monday, March,
12, 2018, meeting hereby approve and authorize the continuation of the City of Janesville self-insured
worker's compensation program, in compliance with Wisconsin Administrative Code DWD 80.60(3);
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that:
1. Each of the above recitals is hereby reiterated herein and ratified as if fully set forth verbatim;
and
2. Authorized and approved is the provision for the continuation of a self-insured worker's
compensation program that is currently in effect for the City of Janesville; and
3. Authorize the Human Resources Director, Assistant Human Resources Director, City Manager,
City Clerk-Treasurer to jointly and severally execute and forward, as applicable, certified
copies of this Resolution plus all other required documentation to the Worker's Compensation
Division, Wisconsin Department of Workforce Development on behalf of the Common Council
and the City of Janesville for these purposes.
ADOPTED: March 12, 2018 Motion by: Consent
Second by: Consent
APPROVED: aar / Councilmember Aye Nay Pass Absent
fA44 Conley X
Mark A. reitag, City Manager Farrell X
Gruber X
1 Jorgensen X
ATT- Marklein X
/ r7- / ��� - Williams X
wavid T. Godek, Ci ' Clerk-Treasurer Wolfe X
APPROVED AS TO FORM:
1-4(W
Wald Klimczyk, City Attorney - -
Proposed by: City Manager - - -
Prepared by: Human Resource Director and
City Attorney -