ATLANTIC COUNTY
MUNICIPAL JOINT INSURANCE FUND
NON-DISCLOSURE AGREEMENT WITH
RISK MANAGEMENT CONSULTANTS
WHEREAS, the Atlantic County Municipal Joint Insurance Fund (FUND), in order to properly discharge its duties and obligations, must consider and discuss the particulars of personal injury, workers’ compensation, and other types of claims against member local units;
WHEREAS, the discussions of claims against member local units, the evaluation of the factual and legal issues relating to said claims, and discussions relating to settlement, liability, authority and other items surrounding said claims must address matters that, by their very nature, must be treated in a confidential manner in order to best respect the privacy of individuals involved and/or to preserve the tactical and strategic defense of actual and/or pending litigation arising out of said claims; and
WHEREAS, discussion relating to said claims may take place at meetings of the Fund Commissioners, meetings of the Executive Committee, meetings of the Claims Committee, or directly with one or more of the officials, Fund Professionals, authorized defense attorneys designated by the Fund and/or representatives of the local unit involved; and
WHEREAS, other discussions may take place in closed sessions relating to personnel, legal and investment strategies, the evaluation of potential new members and/or other topics that are permitted for closed session discussion, and
WHEREAS, the undersigned will, from time to time, participate in the consideration, evaluation, and discussion of claims and have access to other confidential information, including but not limited to claims data and Fund financial data, in order to assist the FUND and to represent the local unit (s) upon whose behalf the Risk Management Consultant (RMC) is acting.
NOW, THEREFORE, I, the undersigned, hereby specifically agree as follows:
1. I will not disclose any matter discussed in any closed session, claims
meeting, committee meeting or other event in which I participate or which
is set forth in any document made available to me or which is discussed
with me by any person on behalf of the FUND and/or its participating local
units, to any person or entity not authorized by the Atlantic County
Municipal Joint Insurance Fund to receive that information.
2. I acknowledge that, by virtue of my position, I have a fiduciary relationship
to the local unit (s) for which I perform RMC services and, by extension, I
owe a duty to the FUND to best protect its member local units’ rights,
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privileges, defenses and the like surrounding any claims discussions in which I may be involved, and that I am bound by the following standards:
a. Neither I nor any member of my immediate family shall have
an interest in a business organization or engage in any
business, transaction, or professional activity, which is in
substantial conflict with the proper discharge of my
responsibilities to the member local unit (s) on whose behalf
I am acting and to the FUND;
b. I shall not use or attempt to use my position or the
information that I receive through my position to secure
unwarranted privileges or advantages for myself or others;
c. I shall not act in my official capacity in any matter where I, a
member of my immediate family, or a business organization
in which I have an interest, has a direct or indirect financial
or personal involvement that might reasonably be expected
to impair my objectivity or independence or judgment;
d. I shall not undertake any employment or service, whether
compensated or not, which might reasonably be expected to
prejudice my independence of judgment or the exercise of
my responsibilities to the member local unit which I
represent and to the FUND;
e. Neither I nor any business organization in which I have an
interest shall represent any person or party other than the
member local unit (s) that I represent and the Atlantic
County Municipal Joint Insurance Fund in connection with
any claim against the member local unit (s) which I
represent and the FUND;
f. I shall not use, or allow to be used, my position, or any
information not generally available to the members of the
public which I receive or acquire by reason of my position
as an RMC for a member local unit (s) and the FUND for
the purpose of securing financial gain, directly or indirectly,
for myself or for any other person;
3. I will use caution and discretion in the storage and/or disposal of any information or documents received, directly or indirectly, by me or by virtue of my relationship to the member local unit and the FUND.
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4. I hereby recognize that, by virtue of my position as an RMC for a member
local unit, I am not entitled as a right to participate in any or all discussions
of claims relating to the member local unit (s) I represent or any other
confidential discussions. I understand that the decision to allow me to
partake in any of the discussions referred to previously in this document is
a privilege granted by the FUND and may be revoked or limited in the sole
discretion of the FUND or any Committee thereof. I understand that the
FUND and its Committees shall have a right to bar me from discussion of
any claims or other confidential matters for any reason and will do so in the
event I violate any of the aforementioned standards. I also recognize that,
by virtue of my position, I may acquire knowledge relating to local units
other than the local unit (s) that I represent and, accordingly, I agree to be
bound by this document in relation to any such information I may acquire.
5. In the event of a violation of this agreement by me, I recognize that I may
be subject to punishment, sanctions, dismissal, and/or penalties, or a
combination of same, imposed by the local unit on whose behalf I am
acting, and I further recognize that the Atlantic County Municipal Joint
Insurance Fund may ask the local unit to take such action.
IN WITNESS WHEREOF, I have hereunto affixed my signature on the date set forth below:
___________________________ ________________________ _________________
(Print Name) (Title) (Date)
____________________________ _______________________________________________
(Signature) (Company Name)
____________________________ _________________________
(Fund Chair) (Date)
____________________________ _________________________
(Fund Administrator) (Date)
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