Newsletter

City of Paramount Sideshow Law Helps Discourage Dangerous and Illegal Activities

Many cities have faced challenges when trying to deter illegal street racing and sideshow intersection takeovers. Illegal street racing occurs when drivers race their vehicles at high speeds on public streets. Sideshows are illegal gatherings where drivers take over city intersections and wide stretches of road to do stunts with their cars, including burnouts, doughnuts, and figure-eights. Unlawful street racing and sideshow takeovers endanger drivers, pedestrians, and spectators. However, sideshows can be especially concerning as they can be advertised, so when the groups of drivers gather, crowds of spectators wait for the “show.” Spectators can soar into the hundreds and block additional traffic lanes and sidewalks. Not only are sideshows dangerous for individuals involved, but they can also damage city infrastructure, destroying the roadway, street signs, and poles.

Read More

Most existing state laws treat these crimes as misdemeanor offenses, making them difficult to prosecute through local courts. Unless your public agency has specific ordinances related to illegal street racing and sideshows, deterring these events can be difficult for law enforcement.

The City of Paramount, a California JPIA member, took action to curb these activities in their city. In 2020, Paramount adopted two ordinances establishing regulations for illegal street racing and sideshow activities. The first ordinance declares that vehicles used in street racing and sideshow activities are a nuisance, allowing the vehicles to be impounded. If cars are used to block an intersection illegally, those vehicles can also be seized. In addition, if damage has occurred to an intersection, felony vandalism charges can also be filed against drivers, making them liable for full reimbursement of up to $6,000 to repair the damage. Vehicle impound costs and ancillary fines can grow into thousands of dollars for each driver. The second ordinance declares that spectators can be cited with a misdemeanor offense and fined $2,000 per offense.

According to a Paramount staff report, data from January 2021 through August 2022 resulted in 137 arrests, 272 notice to appear in court citations, 78 notice to appear citations for spectators, 145 administrative citations for spectators, 117 vehicles impounded, and 25 vehicles confiscated.

“I applaud the City of Paramount staff and city council for addressing street racing and sideshow spectating by taking necessary action and passing ordinances against this illegal and dangerous activity,” said Senior Risk Manager Melaina Francis. “Protecting people, property, and the environment from noise, exhaust, and high-risk maneuvers by drivers that can lead to serious bodily injury, or worse fatalities, is absolutely the best risk management practice.”

In tandem with the ordinances, the city created a task force that has been successful in helping to seize problem vehicles. The task force includes Paramount public safety staff, the city attorney, the city’s dedicated deputy district attorney, and the L.A. County Sheriff’s Department.

“Creating a sound policy to mitigate nuisances and illegal activity in our community takes a team effort,” says Paramount City Manager John Moreno. “We try to balance proactive efforts with responsive action, and it helps when our city council and city staff are philosophically aligned in our mission and goals.”

Your council may want to explore the creation of an ordinance that establishes a legal procedure for forfeiting “nuisance” vehicles and allows for the prosecution of street race audiences. If you are interested in learning more, contact your regional senior risk manager.

Print Article

California JPIA to Offer STOPit Solutions to Member Agencies

The California JPIA will soon offer members a new resource, STOPit Solutions. Launching at the end of February, STOPit Solutions will allow participating Authority members to protect and maintain the integrity and well-being of their agency staff.

STOPit Solutions is designed to allow anonymous reporting in the workplace for unsafe, harmful, or non-compliant behaviors. The program’s purpose is to deter inappropriate behaviors in the workplace, including, but not limited to, harassment, discrimination, threats, compliance risk, theft, fraud, and mental health concerns. In addition to incident reporting, STOPit allows agencies to monitor reported incidents closely and provides resources to manage and resolve incidents.

Read More

“The STOPit Solutions program is designed to empower staff members at our agencies to report concerning behaviors or actions anonymously,” said Management Analyst Abraham Han. “It also allows administrators within an agency to be aware of difficult situations and proactively think through solutions before those situations become bigger or more problematic.”

Han notes that in addition to its many benefits, STOPit will offer immense support to administrators. Participating member agencies will be responsible for designating multiple in-house administrators to monitor reported incidents. In addition, STOPit will also provide certified response agents to monitor incidents and answer telephone hotline calls. The certified response agents will allow administrators to escalate issues quickly and effectively. Additionally, STOPit will provide members with a means for documenting steps taken when (and after) an incident is submitted.

To help Authority members learn more about STOPit solutions and how they can effectively implement the program within their agencies, the Authority will host a webinar on March 1 at 1:00 p.m. If you want to learn more about the webinars and the program, please email STOPit’s Director of Partner Relations Richelle Stanz or email Abraham Han.

Print Article

California JPIA Recognizes Milestone Anniversary for Senior Risk Manager Maria Galvan

Maria Galvan, a senior risk manager who joined the California JPIA in 2013, commemorates a milestone anniversary—ten years of service—this month. Promoted from risk manager to senior risk manager in July 2019, Galvan manages member relations. She oversees training, risk management, claims, and finance for members in Region 5, which includes the San Gabriel Valley, Pomona Valley, West Los Angeles County, and the City of La Palma.

Read More

“Everyone on the Authority’s staff listens to each other’s perspectives, opinions, and ideas,” said Galvan, who describes the California JPIA as a one-stop shop for anything related to risk management. “Our ultimate goal is to provide the best service to our members, and teamwork helps us to achieve that goal.”

Galvan joined the California JPIA from the City of La Puente, where she was a management assistant and rehabilitation grant specialist. She leverages her insider’s understanding of municipal operations to help the Authority’s member agencies serve the public, embracing experiences and challenges ranging from reviewing complex contracts to evaluating risk exposures to presenting to municipal leaders.

“I understand that risk management is just one of many priorities for public agency staff,” said Galvan. “I aspire to be a valuable resource for our members, just as Insurance Programs Manager Jim Thyden, Workers’ Compensation Program Manager Jeff Rush, and every California JPIA staff member and business partner I communicated with were a resource for me when I worked in La Puente.”

While she is involved with various California JPIA projects, Galvan said the most interesting was serving on the Authority’s COVID-19 resource team.

“None of us imagined that we would ever have to be experts on a pandemic,” she said. “Early on, when the pandemic started, we formed a resource team.”

As a team lead, Galvan kept up to date on frequently changing county and state health orders, as well as legal matters related to the pandemic. She also led the development of a COVID-19 exposure control plan and a COVID-19 resource page on the Authority’s website.

Galvan is a subject matter expert on First Amendment Audits, a trend by which individuals enter public facilities and record interactions with public agency staff and officials under the auspices of the First Amendment right to free speech. She said an auditor’s goal is to provoke an adverse reaction and record staff violations, potentially leading to litigation. When Galvan’s article on the topic captured the attention of the director of judicial education for the Supreme Court of Wisconsin, she was invited to present at their 2020 Judicial Conference. Her breakout session, “Responding to First Amendment Audits,” co-presented with Attorney Scott Grossberg, addressed how public agencies could prepare for such encounters.

“Maria regularly collaborates with the Authority’s training division to prepare and present new content and resources. She provides valuable assistance onboarding new members and plays a key leadership role in updating the Contractual Risk Transfer Manual,” said Deputy Executive Officer Alex Smith. “Maria serves the Authority’s members and the pooling community with high-level risk management expertise and does so with genuine care and consideration.”

Galvan earned her Bachelor of Arts degree in political science and sociology from California State University, Fullerton. A certified Associate Risk Management Professional, she also holds a Chartered Property Casualty Underwriter designation and diploma from The Institutes for completing courses and examinations on risk management principles, insurance policy contracts, and coverage analysis. Galvan also sits on the California Association of Joint Powers Authorities (CAJPA) Litigation, Insurance, and Tort Liability Committee. As part of the committee, she helps develop training programs.

Congratulations, Maria, on your 10^th anniversary!

Print Article

California JPIA Recognizes Milestone Anniversary for Senior Risk Manager Melaina Francis

The California JPIA congratulates Senior Risk Manager Melaina Francis, who celebrates her 10^th anniversary with the Authority this February.

Melaina joined the California JPIA as a risk manager in February 2013. During her time with the Authority, she has diligently and thoughtfully served members from the Palos Verdes Peninsula & Harbor and Central and South Los Angeles County regions, notes Deputy Executive Officer Alex Smith. Before joining the California JPIA, Melaina gained a wide array of experiences that prepared her for her role with the Authority as a senior risk manager.

Read More

At the start of her career, Melaina served as a heavy equipment operator in the United States Army. Following her time in the Army, she obtained a certification in hazardous materials management from the University of Riverside while working as a contract clerk for the U.S. Navy.

“My passion for helping members stems from a place of service,” said Melaina. “Serving in the Army built my foundation of commitment, integrity, and service.”

After her time in the Army and as a civilian with the Navy, Melaina became an environmental safety and health administrator with Continental Airlines at its World Way West facilities in the Los Angeles International Airport, making her one of five in her role for the entire operation in the United States. This experience would springboard her career with Long Beach Transit for 13 years, during which she would obtain a Bachelor of Science degree in public administration from the University of Phoenix. She then accepted the position as risk manager with the Riverside Transit Agency.

“Serving as the risk manager for the Riverside Transit Agency and as a safety officer for Long Beach Transit provided a multitude of hands-on opportunities for me to mitigate health, safety, and environmental risk exposures,” said Melaina.

While collaborating alongside engineers in her roles at Long Beach Transit and Riverside Transit Agency, Melaina notes that she learned the ins and outs of environmental, health, and safety compliance for multiple public facilities. She provided risk and safety management expertise, environmental oversight of operations, injury prevention programs, and contractual risk transfer reviews of all agency contracts, all of which have contributed to Melaina becoming a successful leader in her role as a senior risk manager with the Authority.

At Long Beach Transit, Melaina recalls she “wore many hats” as safety committee chair and emergency response manager. She also maintained agency emergency plans, acquired resources, conducted and coordinated Cal/OSHA and emergency response training for the agencies. Francis notes she could share many more examples of her experiences in the risk and safety management field that provide invaluable knowledge to her now.

“I employ my knowledge, skills, and abilities that I gained through my many experiences to effectively assist members in my region,” said Melaina. “After 28 years, I know a thing or two about public agencies.”

Melaina also notes that a key to her successful partnerships with members—and one of the best parts of her role as a senior risk manager—is forging and developing consistent relationships with members’ staff.

“What I have enjoyed most about working with the California JPIA for the past ten years is providing meaningful assistance to our members and knowing that I am backed by supportive executive staff, highly knowledgeable coworkers, and subject matter experts,” said Melaina.

“Melaina’s industry knowledge and expertise are truly remarkable,” said Smith. “The Authority is incredibly lucky to have a senior risk manager who deeply understands the issues facing our members.”

Congratulations, Melaina, on your 10^th anniversary!

Print Article

Workplace Violence Affects Every Workplace – Employers Should Evaluate Their Policies and Training To Ensure Employees and Guests are Prepared

By Michael R. Watts, Of Counsel, Atkinson, Andelson, Loya, Ruud & Romo

Originally published on January 26, 2023. Reprinted with permission from Atkinson, Andelson, Loya, Ruud & Romo.

Tragically, California is reeling from the effects of two mass shootings in almost as many days, each one leaving in its wake shattered lives. These devastating events are on top of what is shaping up to be an especially violent year so far, with multiple mass shootings taking place less than one month into the year.

Read More

In just the past few weeks, we have seen violence affect communities coast to coast, and impact almost every type of location. These tragedies have occurred at agricultural sites, college campuses, in large retail settings, in night life locations, on military installations and simply in streets and neighborhoods throughout America. Though the causes and triggers of violent incidents are multi-faceted, there are core lessons which community members and employers can take from these incidents to be prepared, should they be confronted with a violent incident. Violence can happen in any place, and almost all of the locations where these shootings have occurred are workplaces of some sort. Employers of all sizes and in all industries should review their policies and training to ensure they are preparing their employees and their businesses to react in case the unthinkable occurs. To paraphrase a military saying, you will react like you train.

The first lesson we must draw from these incidents is that preparation is critical. As an individual, knowing where you will go and rehearsing what you will do in a violent incident are key considerations. As an FBI guide puts it, “you must be prepared both mentally and physically to deal with the situation.” (FBI Active Shooter Event Quick Reference Guide.) The admonition to be prepared is all the more important for employers, who have a duty to provide a safe workplace to their employees under both federal and California law. Part of fulfilling that duty, in the context of preventing and responding to workplace violence, should be a workplace violence prevention policy and plan coupled with a robust training plan.

Both OSHA and Cal/OSHA begin discussions on preventing workplace violence by noting that management commitment, demonstrated through strong workplace anti-violence policies, are essential to combating workplace violence. Another tool to mitigate the risk of violence is a robust workplace violence prevention plan (“WVPP”). These comprehensive plans in California are required for health care facilities and providers.  With a current draft rule pending in California, they may soon be required for all businesses. Such plans necessitate a comprehensive review of an employer’s physical, managerial and personnel systems to identify and apply mitigation measures to risks. Though the risk of workplace violence can never be fully mitigated, preparing a WVPP can assist an employer in identifying everything from blind spots in personnel screening and discipline policies, to actual physical blind spots where an employee could be cut off from assistance by an attacker. Finally, thorough training on workplace violence identification and prevention, which could include everything from viewing the FBI’s Run Hide Fight video, to actually teaching employees to physically defend themselves (which is very common in health care settings), should be an essential part of an employer’s workplace violence prevention program.

Given the prevalence and variety of violent incidents impacting the workplace today, employers would be well advised to review their preparations for a workplace violence incident to see if any additions or improvements could be made. In the interest of everyone’s safety in the workplace, it should be reinforced that “we will react like we train.”

Employers can direct their questions about the application of California law to the author or their usual trusted counsel at AALRR.

This AALRR post is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

Print Article