CLEARFIELD – Clearfield County’s liability insurance and workers’ compensation carriers will not cover any claims that result from the activities of those in Sheriff Wes Thurston’s “volunteer posse,” announced Clearfield County Commissioner John A. Sobel, chair, at Tuesday’s workshop meeting.
On Jan. 27 the commissioners informed Thurston by letter of their notification received from Pennsylvania Counties Risk Pool (PCORP), which provides liability insurance coverage, and from PComp, which provides workers’ compensation coverage, for Clearfield County Government.
“With confirmation from PCoRP and PComp that they will not provide liability and workers’ comp coverage to Clearfield County Government for any claims incurred by the ‘Sheriff’s Posse,’ we would request that you acquire sufficient insurance coverage from another source,” the commissioners wrote Thurston.
The commissioners added that, “The coverage should be paid for with existing funds from the Sheriff’s Office budget or, preferably, from some source other than taxpayer funds.” In the letter, the commissioners suggested that Thurston not schedule any activities for the “Sheriff’s Posse” until the acquisition of sufficient insurance coverage.
The commissioners, in unison, emphasized it was their responsibility to engage the county’s liability insurance and workers’ compensation carriers for definitive answers in this matter. Now they said it was their responsibility to forward it to Thurston in order to protect Clearfield County Government and taxpayers from any potential financial liability.
Along with their letter, the commissioners attached the notification letter provided by PCoRP/PComp. In a letter dated Jan. 25, John R. Sallade, CRM, managing director, insurance programs, explained the reasoning in the decision not to cover any claims that result from the activities of volunteers in the “Sheriff’s Posse.”
“Because of the potentially significant and unanticipated risk that is associated with untrained volunteers who are involved with law enforcement activities, the board ultimately concluded that coverage would not be provided for volunteers who are involved in law enforcement activities,” Sallade wrote.
This exclusion of coverage, he said, pertained not only to the Clearfield County “Sheriff’s Posse,” but also to any other PCoRP member, which may have volunteers that are engaged in law enforcement activities. He also wrote that a notice of this decision would be provided to all PCoRP members.
“…Therefore, I am confirming there is no liability insurance coverage provided by PCoRP for the activities of the Sheriff’s Posse,” wrote Sallade, adding, “… I want to remind you that PComp, which provides workers’ compensation insurance coverage to the county, does not provide coverage for any volunteers.
“Should a posse member become injured and file a workers’ compensation claim, and if a workers’ compensation judge rules the posse member is entitled to workers’ compensation benefits, the county could be liable for those costs, as PComp does not provide coverage for volunteers.”
The commissioners said they expressed in their letter to Thurston that they are available to discuss the concerns related to the “Volunteer Sheriff’s Posse” further upon his request. Sallade also noted he was available to answer any additional questions from the county.