Issue 127 - September 2022
NEWS: WORTHY
27th Annual Risk Management Educational Forum – Adventures in Risk Management
The California JPIA’s 27th Annual Risk Management Educational Forum is fast approaching from October 5 through 7, 2022, at the Hilton Santa Barbara Beachfront Resort. Once again, the Authority is excited to provide a premier educational experience to its members.
Featured Speakers
This year’s keynote speaker is former Boston Police Chief Daniel Linskey, known for his strong leadership and response through some of Boston’s most difficult moments, including the 2013 Boston Marathon bombings. Chief Linskey’s keynote presentation will provide attendees with lessons on leading before, during, and after a crisis.
The closing speaker is Dr. Lucy Jones, founder and chief scientist at the Dr. Lucy Jones Center for Science and Society and author of The Big Ones: How Natural Disasters Have Shaped Us (and What We Can Do About Them). Dr. Jones will present a history of California earthquakes and what communities have done and still need to do to address earthquake risks.
Educational Sessions
For more than 20 years, the Authority has hosted a unique educational experience for its members. Attendees are provided opportunities to immerse themselves in topics and issues relevant to local government risk management, such as legal liability, workers’ compensation, employment law, public safety, organizational thinking, governance, and legislation.
The Forum also dives into the trending topics, which for this year include navigating the COVID-19 pandemic, working remotely, the ever-changing legislative and workplace landscape of cannabis, social media, and emerging technologies that can assist members in addressing risk proactively.
Capstone Award
The Capstone Award is presented each year to an individual at a member agency that best exemplifies the practice of risk management in the public sector. This year presents five deserving finalists, and one of these individuals will be honored as the Capstone Award recipient during a ceremony at the Forum on Thursday, October 6, 2022.
The Authority is pleased to announce this year’s finalists:
- Shannon Buckley (Assistant City Manager, City of Lake Elsinore)
- Manuel Enriquez (Director of Parks and Recreation, City of Duarte)
- Jorge Garcia (Assistant City Manager, City of Pismo Beach)
- Erika Herrera (Assistant City Manager, City of Fillmore)
- Robin Picken (City Clerk, City of Bishop)
X Marks the Spot!
Thursday evening of the Forum features a fun-filled and adventurous reception named X Marks the Spot! This event will be held outdoors in the Plaza del Sol and features fun, games, delicious food, and cold beverages.
Part of the fun will be an app-based team treasure hunt that returns after overwhelmingly positive feedback the last time it was held at the 23rd Annual Risk Management Educational Forum in 2018. During the hunt, teams will be challenged to complete missions and answer trivia. The winning team will be announced before the end of the evening.
In addition to the team event, table games will be available. A photo booth will also be present, and is a great way to create memorable pictures of all the fun and excitement of the evening with your fellow adventurers.
Print ArticleCalifornia JPIA Announces New Academies
The California JPIA is excited to announce the addition of four new academies to the training lineup. These in-person training academies, beginning in 2023, will take place in a hotel setting in various cities throughout California, allowing attendees to step away from their usual office space and come together to delve deeper into public sector disciplines central to their careers.
“For several decades, the California JPIA has provided in-depth training academies for members,” said Training Coordinator Michelle Aguayo. “The academies are exceptional opportunities for attendees to network with colleagues and Authority staff, be updated on new policies and techniques, and explore claims mitigation within their agencies by role-playing with colleagues.”
The Authority’s academies are multi-day training seminars that provide information and pragmatic solutions to solving everyday problems in disciplines including human resources, leadership, management, newly elected officials, parks and recreation, public works, and risk management. Subject matter experts present on topics throughout the seminar, provide advice and guidelines and teach skills to help understand and mitigate risk in selected subject areas.
Authority members will have the opportunity to participate in the following new academies:
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- Public Safety Academy (August 22-24, 2023, Rancho Bernardo Inn, San Diego)
Geared toward police and fire command staff, this academy will provide information on best practices for managing risk within public safety departments. Attendees will learn how to mitigate risk through enhanced communication with city executives, elected officials, and departmental staff—and how they can implement a risk management culture in their department. Additionally, attendees will receive tools and resources that will enable them to manage risk better and understand how the California JPIA can assist in risk management efforts.
- Public Safety Academy (August 22-24, 2023, Rancho Bernardo Inn, San Diego)
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- Training Registrar Academy (November 13-16, 2023, Hyatt Regency, Indian Wells)
This academy will provide attendees with an improved understanding of the Authority’s learning management system (myJPIA) and training program. Attendees will receive enhanced guidance on the full functionality of myJPIA, including navigating the catalog, registering other employees for training, requesting instruction, designing playlists, and managing transcripts and certificates. Attendees will also learn how to engage with their regional risk manager and training staff to develop annual curriculum plans.
- Training Registrar Academy (November 13-16, 2023, Hyatt Regency, Indian Wells)
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- Finance Officers Academy (February 6-7, 2024, Allegretto Resort, Paso Robles)
Created for finance department staff, this academy will provide attendees with a better understanding of the Authority’s member data requests, how that data is used, and why it is essential. Attendees will learn the nexus between finance and risk management, how claims reserves are established, and what municipal agencies can do to prepare for insurance renewals. Attendees will network with other finance professionals, hear from industry experts on emerging trends, and earn Continuing Professional Education (CPE) credits.
- Finance Officers Academy (February 6-7, 2024, Allegretto Resort, Paso Robles)
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- Seasoned Executive Academy (April 9-11, 2024, Rancho Bernardo Inn, San Diego)
This academy will provide a platform for networking, learning, and sharing information on how to establish a culture of risk management. Attendees will hear presentations on emerging trends and risks and discuss how to best mitigate them through shared experiences with other seasoned executives in attendance. The academy will focus on the importance of the relationship between executives, elected officials, and department heads in mitigating risk. Attendees will come away with a better understanding of the role of the Authority in assisting with mitigating risk, along with resources and tools at their disposal.
- Seasoned Executive Academy (April 9-11, 2024, Rancho Bernardo Inn, San Diego)
Registration for the Authority’s academies will open two months before the academy start date. Each academy will have an individualized website with an agenda, speaker, and registration details.
For more information about academies or the registration process, please contact Training Coordinator Michelle Aguayo.
Print ArticleA New Change to California’s Marijuana Law Will Impact Employees Who Use It Outside of Work
By Dr. Steve AlbrechtGovernor Gavin Newsom recently signed Assembly Bill (AB) 2188, making California the seventh state in the U.S. that does not allow employers to discriminate against workers who use marijuana “off the job and away from the workplace” and test positive for it in a company or agency-requested drug test. (The other states are Rhode Island, Nevada, Connecticut, Montana, New Jersey, and New York.) The law goes into effect on January 1, 2024.
The bill was authored by Assemblymember Bill Quirk (D-Hayward), who said that the law would not allow employees to show up to work under the influence. Supporters of California’s medical and recreational marijuana users have long argued that employer drug tests – most often via urine samples – do not indicate impairment from marijuana, only recent use. Depending on the level of tetrahydrocannabinol (THC) – the substance in cannabis that causes the user to feel high – and how it is consumed (through smoking, vaping, or eating edibles), the amount used, and the frequency of use – employees can still have THC in their bodies from 10 to 35 days after their last use.
In a Twitter post, Assemblymember Quirk said, “AB 2188 would prohibit employers from discriminating against hiring or terminating, a person who has consumed cannabis legally during their time off and away from work, or who has tested positive, forgiving non-psychoactive cannabis metabolites in their urine, hair, or bodily fluids.”
After the signing, Assemblymember Quirk posted to Twitter, “I am happy to say my bill AB 2188 was signed by the @CAgovernor yesterday. Thank you to the advocates and sponsors for your continued support. I applaud the Governor for his commitment to redress the harms of cannabis prohibition. This reform is long overdue. @CaliforniaNORML”
The Twitter handle at the end of his post refers to the California chapter of the National Organization for the Reform of Marijuana Laws, which supported his bill. “Urine tests are a highly offensive invasion of workers’ personal bodily privacy,” said Dale Gieringer, director of California’s NORML chapter. “Workers should have the same right to use cannabis as other legal substances off the job.”
In a letter to lawmakers, the California Chamber of Commerce said it opposed the legislation, calling the bill a “job killer” because it would “create an unprecedented, protected class for marijuana users and undermines employers’ ability to provide a safe and drug-free workplace” under state law. “Put simply: marijuana use is not the same as protecting workers against discrimination based on race or national origin.”
Assemblymember Quirk said AB 2188 will still allow employers to restrict marijuana use on the job. The bill would not allow employees “to possess, to be impaired by, or to use, cannabis on the job.” The bill does not alter “the rights or obligations of an employer to maintain a drug- and alcohol-free workplace.” He said building and construction trade employees and those working under federal contracts are exempt.
What is not immediately apparent is how this will affect California employees working in so-called “safety-sensitive” positions, like police officers; firefighters; ship, train, and subway operators; pilots and air traffic controllers; and the many Department of Transportation-sanctioned truck drivers, as holders of a Commercial Motor Vehicle (CMV) license. CMV holders are typically defined as safety-sensitive if they drive a truck weighing more than 26,001 pounds; haul placarded/HazMat materials, or carry 16 or more passengers.
The bill’s language says, “it does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.”
The law still allows employers to require drug screening as a condition of employment if the tests “do not screen for non-psychoactive cannabis metabolites.” After using marijuana, the THC becomes a non-psychoactive cannabis metabolite, which can stay in the system for weeks. That metabolite does not indicate current impairment.
Unlike the agreed-upon national standard of .08 blood alcohol level for driving while intoxicated, there is no court or medically-certified agreement as to what level of THC constitutes “impaired due to marijuana use.” Some states’ guidelines say that when the THC concentration is above five nanograms/ml in the person’s blood, they are considered impaired.
You can refer to the entire bill here. For questions regarding the bill, contact the Authority’s Employment Hotline or your regional risk manager.
Print ArticleRE: MEMBERS
Rancho Palos Verdes Leads Wildfire Mitigation Efforts on the Palos Verdes Peninsula
As new technological advancements develop to mitigate the devastating effect of wildfires, the City of Rancho Palos Verdes continuously investigates prospective resources. This year, Rancho Palos Verdes and its neighbors on the Palos Verdes Peninsula have researched a wildfire camera detection system that provides municipal agencies with timely, accurate alerts of fire ignitions.
After eight months of regionally collaborative investigation, the Rancho Palos Verdes City Council voted to explore engaging Pano AI for wildfire detection services this July.
Pano is a 360-degree, ultra-high-definition camera system. When placed on a high vantage point, Pano scans the landscape to identify, evaluate, and warn of wildfire activity within a 15-mile radius. In the event of a fire, it provides fire-monitoring professionals auto-centered images with enhanced zoom, speeding confirmation, and triangulation of the exact fire location. Pano’s Rapid Detect wildfire detection solution has been successfully deployed in Napa, Santa Cruz, and Sonoma counties.
Discovery and research efforts linked with the state-of-the-art system were supported by Rancho Palos Verdes staff member Jesse Villalpando, a senior administrative analyst responsible for emergency preparedness.
“When witnesses report wildfires via 911, it may take precious time to pinpoint the location and dispatch first responders,” said Villalpando. “Pano automatically detects and verifies wildfire events in real-time. The ability to respond more rapidly may reduce a wildfire’s ultimate threat to our community’s safety.”
When a wildfire is in progress, Pano software helps first responders and municipal staff triage changing conditions with alerts that provide up-to-date time-lapse imagery and quickly disseminate information about the fire’s location and movement.
“Facilitating real-time alerts also enhances safety for emergency personnel, helping them respond with increased efficiency and accuracy,” said Villalpando.
Furthermore, he continued, Pano AI eases staff responsibilities by managing all aspects of system permitting, installation, monitoring, operations, and maintenance.
To potentially fund the installation of the early wildfire detection system, Rancho Palos Verdes requested Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funding from the California Governor’s Office of Emergency Services (Cal OES). FEMA’s HMGP funds projects intended to reduce the effects of future natural disasters. In California, these funds are administered by Cal OES. HMGP funding opportunities support communities to mitigate risk to life and property from natural hazards such as wildfire, earthquake, drought, extreme weather, and flooding.
If the HMGP grant is awarded, said Villalpando, it would fund 75 percent of the project, to be supplemented with municipal resources.
In addition to Rancho Palos Verdes, the Palos Verdes Peninsula—a subregion of southwestern Los Angeles County—is home to California JPIA member agencies, including the cities of Palos Verdes Estates, Rolling Hills, and Rolling Hills Estates, as well as the Palos Verdes Peninsula Transit Authority, which provides bus service to, from, and within the peninsula.
The four cities convene quarterly for a joint Peninsula Public Safety Committee (PPSC) meeting. The committee, composed of two council members from each peninsula city, discusses and collaborates on the region’s emergency preparedness, public safety trends, and other relevant topics.
The committee’s September meeting included a discussion of the wildfire cameras, expected to benefit all the PPSC member agencies, as well as consideration of a cost-sharing formula for the Hazard Mitigation Grant Program (HMGP) Local Match should the grant be awarded for this project.
“We all have our unique and individual interests and concerns,” said Rancho Palos Verdes City Manager Ara Mihranian during a presentation with Villalpando to the Rolling Hills City Council, “but we also have an overlapping and common interest, especially when it comes to public safety and the emphasis on wildfire prevention.”
The Peninsula-wide system is projected to include one site on an existing tower in Palos Verdes Estates, a standalone station in Rolling Hills, and two existing and two standalone stations in Rancho Palos Verdes.
“The Palos Verdes Peninsula is an elevated fire-threat area,” said Rolling Hills Estates City Manager Greg Grammer. “By collaborating through the Peninsula Public Safety Committee and the California JPIA, the Peninsula Cities can increase preparedness, enhance protection of our residents and property, and reduce exposure to claims on the pool.”
Print ArticleCOVERAGE MATTERS
The Authority’s Crime Insurance Program
By Jim Thyden, Insurance Programs Manager at California JPIAPreviously, it was required that public entities purchase bonds for select officers and officials. California law has changed to allow the bonding requirement to be satisfied by either a public official bond or a government crime insurance policy. Both provide similar protection for a public entity and provide a means by which the public entity can recover monetary losses sustained by the agency that result from an elected or appointed official’s dishonesty or failure to faithfully perform duties as prescribed by law.
These types of losses do not occur frequently, but they do happen. Below are examples of claims that have been paid by crime insurance:
- The comptroller of a town with less than 16,000 residents defrauded taxpayers out of more than $53 million over a period of 22 years in a complex scheme in which she opened a private bank account, abusing her city position by transferring taxpayer money into the account, and then spending the funds on personal and business items. To date, only $7.4 million has been recovered through live online auctions of about 400 quarter horses, vehicles, trailers, tack equipment, and a luxury motor home.
- A city employee was accused of stealing more than $1.3 million worth of city printer ink and toner. The employee was accused of using city funds to purchase ink and toner, then reselling the items during the 2006 to 2012 timeframe.
- A former city public utilities project engineer was charged with 70 counts of theft for allegedly stealing $1.1 million from the city by diverting customer checks for water-main-extension projects into a private bank account. It is alleged that he used some of the money to buy a rental house and a car, and to pay down credit-card debt. Police seized $220,000 from the bank account but approximately $500,000 is unaccounted for.
- A fire department employee stole more than $1 million during a four- to five-year period in a scheme to siphon cash to pay for vacations and home furnishings by approving fraudulent invoices.
The Difference Between Public Official Bonds and Government Crime Insurance Policies
Public official bonds and government crime insurance policies are not the same. A key difference is that a crime insurance policy can be written to provide blanket coverage for all employees and officials of the public entity, while a public official bond is underwritten and issued for specific individuals.
Public Official Bond
A public official bond is a surety bond that is purchased by the public official and guarantees that the individual will fulfill his or her duties according to law. If the official does not, the surety bond will assure recovery of fines, fees, or expenses that are levied, but ultimately the official must make good on any loss resulting from the official’s dishonest acts or misconduct while in office (i.e., the bonded individual must repay the surety company for the amount of the loss paid under the bond). Public official bonds typically cost more than crime policies, and the amount the individual may be bonded for is dependent upon the individual’s personal assets.
Crime Insurance Program
The Authority’s crime insurance program coverage reimburses the member for loss of money, securities, or other property resulting from the dishonest acts of an “employee,” or the failure of a covered “employee” to perform his or her duties as prescribed by law. It is different from a public official bond because it is an insurance policy that contains its own terms, conditions, and exclusions. Crime insurance policies typically cost less than public official bonds, and higher limits can be purchased than may be available from a public official bond. Also, under a crime insurance policy, a deductible will typically apply. As with public official bonds, the insurance company has the right to subrogate against the individual responsible for the loss, but it should be noted that under the Authority’s crime insurance program the insurer has agreed to waive subrogation except in cases involving fraud or dishonesty by the individual(s).
The Authority offers this optional coverage to all members, who can choose a policy limit from $1,000,000 to $5,000,000 and a deductible from $2,500 to $100,000. Currently, 109 members participate in the program.
If you have any questions regarding the Authority’s Crime Program, contact Mariana Salyer at Alliant Insurance, or the Authority’s Insurance Programs Manager Jim Thyden.
Print ArticleRISK SOLUTIONS
California JPIA Offers New Wildfire Resources
Wildfires remain an ongoing and worsening threat throughout California. This threat is true for many Authority members as wildfires continue to grow larger and more destructive. To support member agencies and help prepare for the challenging risks associated with wildfires, the California JPIA has contracted with Fireline Defense, LLC to conduct comprehensive wildfire risk assessments of specific high-risk properties owned by 19 member agencies.
“Preparing for wildfire risks can be very challenging,” said Senior Risk Manager Tony Leite. “While wildfires remain unpredictable and devastating, by contracting with Fireline Defense, the Authority is taking preemptive measures to reduce risks for some of our most vulnerable members.”
Established in 2020 by professional California Firefighters, Fireline Defense offers assessment and consulting services to property owners regarding wildfire risks, prevention, and loss mitigation. As part of their service, professional firefighters perform in-field assessments to identify specific wildfire hazards and assign numeric risk scores to the assessed property using their Fireline Defense Index (FDI). The FDI gives points based on the severity of wildfire risk on a scale of one (poor) to 10 (excellent). After assessing a property, firefighters will recommend specific risk mitigation measures to help reduce the property’s risk of devastation by wildfires. Once these recommendations are implemented, Fireline Defense will reevaluate the property and provide a new FDI rating. A higher FDI score demonstrates reduced wildfire risk.
For the program’s first year, the California JPIA selected 19 member agencies with properties that scored above an 80 in the CoreLogic wildfire risk rating, presented significant value, and had occupant exposure. Unlike the FDI, a higher CoreLogic risk rating demonstrates an increased wildfire risk. The Authority partnered with the City of Big Bear Lake to test the program’s effectiveness.
“The Fire Line Defense program provided the City of Big Bear Lake with a detailed and beneficial report on areas in which the city could improve its defensible space to protect our city hall, which is typically a gathering point in the community during an emergency,” said Administrative Analyst Rachel Bowman. “As we are all familiar, California is especially at risk for wildfires, so the need for fire defense planning and protection services is critical for municipalities in California.”
Bowman notes that understanding and establishing defensible spaces within the city is crucial to mitigating risks from wildfires due to Big Bear Lake’s remote location, which can often limit access to resources during an emergency.
Following the program’s first year, the Authority will look at facilities rated 70 and above in the CoreLogic wildfire risk rating.
“As wildfire risks persist throughout California, we hope to continue providing wildfire prevention and risk mitigation services to ensure our members remain prepared to handle the effects of wildfires and other disasters,” said Leite.
To learn more about the new program, contact your regional risk manager.
Print ArticleResource Spotlight: Contractual Risk Transfer Manual
Did you know the Contractual Risk Transfer Manual was designed to be a resource for membership staff responsible for drafting agreement specifications? It includes everything from what indemnification is to reference material on contractual risk transfer, indemnification and insurance specifications guidelines, risk allocation, financing techniques, separation of permits and facility use agreements, independent contractor agreements, and more.
The purpose of the manual is to guide the user in writing proper insurance specifications for contracts and obtaining insurance compliance. The manual also assists members in answering insurance specifications and indemnity questions and helps with processes and techniques for allocating risk using risk transfer principles.
Membership staff interested in learning more about reviewing a certificate of insurance and endorsements, what a waiver of subrogation is, recommended insurance requirements and provisions such as primary/noncontributory, etc., should reference the manual. For additional support on using the manual, contact your regional risk manager.
Print ArticleAre You Ready to ShakeOut for Earthquake Preparedness?
With 330 million people living and working in the United States, a major earthquake could cause unprecedented devastation. What we do now – before a big quake – will determine how well we survive and recover. Each year the Great California ShakeOut event is held on the third Thursday of October. This year’s ShakeOut, October 20, is an opportune time to review your earthquake preparedness plan and to schedule a drill to practice Drop, Cover, and Hold On.
Why rescuers and experts recommend Drop, Cover, and Hold On:
- Moving during an earthquake puts you at risk: Immediately dropping to the ground allows you a chance to protect yourself. Otherwise, the quake may forcibly drop you, which may disorient you from taking the following steps to protect yourself further.
- Falling and flying objects pose a significant danger during an earthquake: If you cannot seek cover under furniture and hold on, lower yourself next to an interior wall and cover your head and neck with your arms.
When an earthquake strikes, the following procedures are recommended to reduce your chance of injury:
DROP where you are onto your hands and knees.
COVER your head and neck.
If a sturdy table or desk is nearby, crawl underneath it for shelter.
If a furniture item is unavailable, crawl next to an interior wall away from windows, stay on your knees and cover your head and neck.
HOLD ON until the shaking stops.
If you are under a table or desk, hold on to a furniture leg with one hand and use your other arm to cover your head and neck.
If you are next to an interior wall, stay on your knees and use both arms and hands to protect your head and neck.
This is also the time to review and evaluate work areas to confirm bookcases and cabinets are secured to walls, items stored on top of cabinets are removed and stored correctly, and chemicals are stored in secured cabinets. Additionally, check your earthquake supplies. Discard expired items, replace them accordingly, and confirm that staff knows the location(s) of the earthquake supplies.
After the drill, update your emergency preparedness plan and procedures based on lessons learned from the ShakeOut exercise. Review the updated plans and procedures with all staff.
Practice, practice, practice! Practicing reinforces the behavior. You will be more likely to react quickly when the shaking begins if you have regularly practiced how to protect yourself. Although California holds an annual Great ShakeOut event, it is beneficial to practice drills throughout the year to reinforce responsive and safe behavior in an emergency.
Resources:
CaliforniaJPIA Emergency Preparedness & Fire Extinguisher Safety Training
OSHA’s Earthquake Preparedness and Response
Dept. of Homeland Security Ready-Earthquakes
Print Article