Newsletter

Risk Management Educational Forum—Class of ’95: Not So Clueless About Risk

What’s the 411, you ask? The California JPIA’s 30^th Annual Risk Management Educational Forum, October 1–3, 2025, at the Omni La Costa Resort in Carlsbad. It’s time to pull out your best bling bling and take a trip down memory lane with us!

This year’s Forum theme is Class of ’95: Not So Clueless About Risk. As if, you would miss it! Where else can you score such a fly educational experience, leveling up your risk management game with industry experts that are all that and a bag of chips!

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This year’s Forum will have you totally buggin’. With the Authority at your side, though, no chill pill will be necessary. From an insightful keynote speaker to industry experts, attendees will explore the realms of legal liability, workers’ compensation, employment law, public safety, organizational dynamics, governance, and legislative minefields.

Be sure to extend the invitation to your home skillet. Registration comes at no cost for Authority members.

Stay tuned for additional information about registration, sessions, and speakers over the coming months. Visit our Risk Management Educational Forum webpage for more details.

Save the date—it promises to be da bomb!

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Contractual Risk Transfer Wins and Lessons Learned from 2024

Effective contractual risk transfer is a critical strategy for protecting public agencies against unnecessary liability. Members can significantly reduce financial exposure by ensuring that contracts contain essential provisions such as indemnity clauses and insurance requirements. Read on to explore three liability cases from 2024—two successes and one costly lesson—highlighting the importance of well-structured written agreements.

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Tree Damage and Risk Transfer

In the first case, a member agency successfully transferred financial responsibility for a claim to their tree service contractor after a tree branch fell on and damaged a vehicle. The damage was allegedly caused while the contractor’s employees trimmed tree branches along the street where the vehicle was parked. Fortunately, the member had a written agreement with the tree inspection and maintenance contractor. Because the agreement included indemnity language and insurance requirements in favor of the member, including the requirement to name the member as additional insured under the general liability policy, the claim was successfully tendered to the contractor. After the contractor investigated the incident, they accepted the tender, ensuring the member incurred no financial loss.

Sports Facility Liability Mitigation

A second instance involved a tragic event at a member sports facility. A participant suffered a fatal heart attack during a baseball game. Due to a well-structured lease agreement that included appropriate insurance requirements and indemnity language, the member was able to tender the claim to the facility’s operator. These proactive contractual measures allowed the member to successfully tender the claim to the operator, serving as a reminder of the importance of executing comprehensive lease agreements.

Construction Injury: The Cost of Missing Provisions

Not all cases have the benefit of successful risk transfer. In one situation, a construction-related injury resulted in significant costs borne by the California JPIA and its membership due to missing indemnification and insurance provisions in a permit agreement. The member issued a permit for local street construction, which was completed by a contractor. However, the permit failed to include a requirement for the member to be included as an additional insured on the contractor’s general liability policy. As a result, when a cyclist was injured after riding into an open trench left by the contractor, the member faced an uphill battle in tendering the claim. The case resulted in a $175,000 settlement and $43,000 in defense costs. This case underscores the necessity of including robust indemnity clauses and insurance requirements in all permit agreements.

These three cases provide important takeaways for all California JPIA members:

• Clearly defined and executed written agreements are essential.
• Well-crafted indemnity language ensures that the responsible party assumes financial responsibility for damages.
• Including the agency as an additional insured on contractor and permittee general liability policies is a powerful risk management strategy.
• Construction and other permits should always include indemnification clauses and insurance requirements.
• In service agreements, the scope of work should always be clearly defined to avoid disagreement about responsibility in the event of a loss.
• Members should work closely with their legal teams and risk managers to ensure all contracts include necessary risk transfer provisions.

Members looking to strengthen their risk management practices should reference the Authority’s Contractual Risk Transfer Manual. This document outlines best practices and includes sample risk transfer language for various contract types, from vendor agreements to construction projects. The Authority also recommends that members conduct a risk assessment to determine appropriate insurance requirements for each contract.

In addition, the Authority offers in-person instructor-led contractual risk transfer training. Members seeking a training opportunity at their own pace can access the Contractual Risk Transfer Tool through the Authority’s learning management system. Unlike traditional self-paced offerings typically completed in one or a few sessions, this resource supplements the Contractual Risk Transfer Manual. It acts as a tool to use in daily work to guide your decisions related to contractual risk transfer.

By implementing these best practices, members can safeguard public resources and ensure financial responsibility involves responsible parties. For more information, contact your regional risk manager.

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Virtual Risk Managers Roundtable: Navigating the NIST Cybersecurity Framework 2.0

The California JPIA is hosting a virtual Risk Managers Roundtable on Wednesday, April 30 at 12:00 p.m., focusing on navigating the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF) 2.0. Paul Edge, CEO of Triden Group, will share what local government agencies need to know to improve their cybersecurity posture. Edge has more than 25 years of experience in the technology industry, and leads Triden Group, the Authority’s cybersecurity business partner. Triden Group offers internal and external vulnerability scans and other services, including cybersecurity maturity assessments for members.

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In this 90-minute webinar, attendees will benefit from a 60-minute presentation and a 30-minute interactive Q&A. Understanding the recent NIST CSF updates can help members improve their cybersecurity posture by implementing effective strategies to address the changes. This roundtable is designed to engage both IT professionals and non-IT staff by breaking down complex topics into clear, actionable insights.

For more information or to register, please visit the roundtable webpage.

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Staff Guidelines for Safe and Secure Libraries

By Dr. Steve Albrecht

Every library employee is responsible for service, safety, and security. To support the 67th Annual National Library Week, which runs from April 6 through 12, 2025, the California JPIA is highlighting safety concepts for member agencies with libraries.

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Focusing on service, safety, and security can help create a library environment that benefits both staff and patrons:

• Service: Assisting patrons and co-workers.
• Safety: Being aware of and vigilant about risks, potential problems, and previous incidents. All staff can make a difference in keeping patrons and co-workers safe, especially by sharing or supporting concerns.
• Security: Everybody is responsible, including library administration, employees, volunteers, and even patrons and vendors. Anyone can point out issues that need to be recognized and addressed.

To create a safe library, staff should ask themselves if they feel:

• Physically safe: Walking into work, while at work at the library, and leaving work.
• Mentally safe: Confident, empowered, able to concentrate on daily tasks, and able to serve library patrons and co-workers without distraction, anxiety, or fear.
• Emotionally safe: Stable, grounded, and in control of feelings, thoughts, actions, and decisions. Be comfortable establishing personal limits and boundaries as to how one wants to be treated by patrons.

Library Safety

Every facility open to the public establishes an “invitee relationship,” which means there is an obligation to provide a safe environment for staff and patrons. This includes ensuring the space is free from hazards and problematic individuals.

Library staff must help their leadership team identify the main patron behavioral issues—the “frequent fliers”—who are the most challenging patrons. Use staff meetings to create useful and repeatable responses for dealing with these “frequent fliers.” Remember that patrons are usually challenging rather than difficult; it’s a critical descriptive distinction.

Staff should distinguish between two primary types of patron body language:

• Positive, non-threatening behaviors: Smiles; nods in agreement; offers to shake hands; keeps hands down/palms open; speaks in an even, neutral, polite, or friendly tone; has non-aggressive eye contact and calm breathing; stands still; speaks at a reasonable volume; and cooperates early
• Hostile, threatening behaviors: Sudden flushed or contorted face, direct and forceful eye contact, widening eyes, frowning, faster breathing, licking lips, flexing fists, crossing and uncrossing arms, shifting foot to foot, finger pointing, swallowing, sudden sweating, violating space, rising to appear larger, being on the verge of tears, cursing, counter or table-pounding, kicking objects, being loud at first then quiet. All of these behaviors can be a precursor to violence.

Library staff should rely on their intuition during intense conversations or hostile encounters. Assess the likely outcome versus personal fears or anxieties. Avoid overreacting or underreacting.

When enforcing a code of conduct, remember the essential eight: Be firm, fair, consistent, assertive, legal, patient, empathic, and reasonable with everyone encountered.

Recognizing community diversity and employing various strategies to assist individuals facing challenges is crucial for providing adequate support. Develop tools to relate to and de-escalate situations with patrons who have mental health, housing, and substance use issues. Be aware of community and social support resources for these patrons, including knowing when to call paramedics during serious medical problems.

If there isn’t one in place, create an employee-led safety committee. This committee should meet quarterly to discuss issues and bring concerns, ideas, policy improvements, or solutions to their department director.

Library Security

Know building safety (e.g., panic buttons) and emergency evacuation procedures. Know how and where to escort patrons with mobility issues to those exits. (Know the “Run-Hide-Fight” response in the rare possibility of an active shooter.)

Accurate and timely documentation helps make better policy decisions and justify the need for security improvements. All staff need to know how to report security incidents or safety hazards and how to create a security incident report.

Lastly, public service jobs with high public contact can be frustrating, tiring, and stressful. Recognize self-care needs. Look for wellness opportunities at work and search online for professional and personal stress management tools on and off the job.

Training

The Authority offers training for those interested in learning more about library safety and security. Library Service, Safety, and Security (in person) or Library Service, Safety, and Security – Virtual cover the dos and don’ts of handling challenging, entitled, or even threatening patrons, including the homeless, mentally ill, gang members, thieves, internet hogs, and others who want to disrupt library activities. Other topics covered include safe workplace behaviors, security measures, and how to activate high-risk customer service skills. These trainings offer practical and realistic tools to make facilities better, safer workplaces.

To attend a training, contact your agency’s training registrar.

 

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2025 Workers’ Compensation Claims Audit

The California JPIA conducts an annual independent audit of our workers’ compensation third-party administrator (TPA), Athens Administrators. Jim Bankson has performed these audits since 2017, and his process focuses on the TPA’s compliance with the Authority’s key performance indicators.

Bankson has more than 45 years of experience in insurance, including owning his own TPA. He has also consulted several organizations and is well-suited to assess our TPA’s performance and identify areas for improvement. His audit begins with an online review of 150 randomly selected open claims, including a sample from each of our assigned claims examiners. The audit emphasizes key performance indicators established by the Authority, compliance with statutory requirements, and industry best practices. Following his initial audit of the individual claim files, Bankson engages in dialogue with TPA staff to confirm that his assessment of each claim is correct. Once this dialogue is complete, he calculates the TPA’s final score.

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This year’s score of 94.28 percent represents a more than two percent increase over last year’s 92.17 percent mark. This score also marks the claims team’s 15^th consecutive audit score of 90 percent or higher.

“The collaborative approach Athens takes to managing claims, paired with consistent examiner staffing, is a key part of their success with the Authority,” said Jeff Rush, workers’ compensation program manager.

If members have any questions or feedback regarding the workers’ compensation programs or the recent audit results, they are welcome to contact Jeff Rush.

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California JPIA Shares Insights at PARMA Annual Conference

California JPIA staff joined the Public Agency Risk Management Association (PARMA) for their annual conference to share knowledge and best practices with public agency peers.

A professional community of California public agency risk management personnel, PARMA supports professional development and promotes risk management as a critical component for public agency fiscal health. The PARMA Annual Conference in Anaheim, February 23–26, featured educational and motivational sessions, networking events, and an exhibit hall that all fit its “Peace, Love, and Risk Management” theme.

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“PARMA’s Annual Conference is the organization’s signature event and allows public agency risk management professionals to learn and network with over 1,000 of their peers and service providers,” said Workers’ Compensation Program Manager and PARMA President Jeff Rush. “PARMA has delivered high quality education for over 50 years and this year’s conference featured more than 40 sessions and over 100 subject matter experts focused on helping attendees manage and mitigate their agency’s risks.”

Two California JPIA staff members, Employment Practices Manager Kelly Trainer Policky and Senior Risk Manager Melaina Francis, were among the conference’s presenters.

Trainer Policky and Katy Suttorp, an attorney at the Judicial Council of California, presented “Top Ten Mistakes Employers Make When Administering Leaves of Absence.” During the session, they discussed the impact of accurate designations on effective leave management, the importance of timely and accurate documentation, and the challenges posed by abuse of leave. The presentation also included best practices for drafting leave-related policies and training supervisors.

In the session “Sexual Abuse & Misconduct: Protecting More Than Just Kids,” Francis, along with Candace Collins, senior director of strategic alliances for Praesidium, explored why abuse risk remains an iceberg, how some agencies have prioritized prevention at the highest levels, and how risk managers can reframe their risk narrative to ensure protection of all vulnerable individuals.

PARMA’s team of volunteer leaders includes Rush, Claims and Insurance Director Paul Zeglovitch, the incoming president, and Risk Services Director Alex Mellor, a director and a member of the conference planning committee.

“The Authority’s engagement with PARMA affords us incredible opportunities to share with and learn from our public agency colleagues,” said Zeglovitch. “Exchanging stories about issues, successes, and challenges helps inform the development of tactical plans to help our members thrive.”

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Workplace Violence and Active Shooter Training and Resources

April is recognized as Workplace Violence Prevention Month. Unfortunately, active shooter incidents remain a significant concern. The Federal Bureau of Investigation (FBI) recently published the 2023 Active Shooter Incidents in the United States report, offering an analysis of these occurrences. According to the FBI, there were 229 designated active shooter incidents from 2019 to 2023, marking an 89 percent increase compared to the previous five-year period (2014–2018), which had 121 incidents.

The California JPIA offers members a range of training and policy resources to help recognize, prevent, and respond to workplace violence. These resources include several active shooter training offerings and a Workplace Violence Prevention Policy and Plan template for members.

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Resources

California Department of Industrial Relations Workplace Violence Prevention Policy and Plan Template (scroll down and click on the Workplace Violence Prevention category.)

Training Offerings

Active Shooter & Workplace Violence Response: The New Environment for Public Sector Professionals

Working in the public sector has changed significantly over the past decade. Professionals now face less civility, workplace violence, and active shooter incidents. This course will cover modern workplace changes and strategies for employees to adapt.

The course will also provide strategies to prevent potential workplace violence and respond to active shooter incidents. Employees will learn actions to reduce violence and how to survive active shooter situations. Although rare, preparation can help employees respond appropriately.

Overview of SB 553 and How to Conduct Site Security Assessments

SB 553 requires that California employers take specific steps related to workplace violence prevention plans. This training gives a high-level overview of the requirements for employers and dives deeply into how to conduct site security assessments.

This course aids department heads, managers, supervisors, and employees in assessing their facility’s security. The assessment will produce a report compliant with California workplace violence prevention laws, guiding officials on cost-effective security improvements and policy changes. This process can be done by an individual or a team, based on expertise.

Preventing Workplace Violence: Strategies for Safety and Communication

Improve workplace safety with our virtual training course. Understand the causes of workplace violence, such as stress, poor organizational culture, and inadequate communication. Learn to identify potential precursor signs like verbal abuse, bullying, and harassment. Gain strategies to mitigate risks, enhance communication, foster a healthy work environment, and manage conflicts. This course will help you prevent and respond to workplace violence, ensuring a safer environment for all employees.

Workplace Violence Prevention Plan Administrator Training

This eLearning course is for administrators of workplace violence prevention plans in government agencies. Focused on California law, it covers compliance, identifying workplace violence types, risk reduction strategies, and developing a prevention plan. You will also learn about effective recordkeeping and investigative techniques. By the end, you’ll have the tools to ensure a safe workplace.

Workplace Violence Prevention for All Employees

In this eLearning course, you’ll gain an understanding of workplace violence prevention, with a specific focus on California law. The course covers key aspects such as compliance with legal requirements, identifying different types of workplace violence, and strategies to reduce risks.

Workplace Violence: From Threats to Active Shooters

This two-hour classroom training is designed to lay a critical foundation for providing a safe work environment. The instructor will present factors that lead to violence, perpetrators of workplace violence (including external and internal contacts), acts of workplace violence, organizational factors that promote violence, and response protocols. The last hour of this training is presented in a format specifically designed for managers and supervisors. All general employees will be dismissed before the last hour begins. A virtual option is also available for this session.

Workplace Violence Awareness

This two-hour class offers ways to help manage disruptive and aggressive behavior in the workplace. Workplace violence training will help reduce disruptive incidents, prevent workplace violence, lower the risk of injury, improve workplace relations, and reduce liability exposure. Create a safer work environment and decrease the chance of workplace violence in your organization. A virtual option is also available for this session.

If you would like to attend a training, contact your agency’s training registrar. If you have questions about the Workplace Violence Prevention Policy and Plan template, contact your regional senior risk manager.

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