Issue 140 - October 2023
NEWS: WORTHY
Virtual Risk Managers Roundtable About Recent Case Law Outcomes and New Developments Impacting Cities
The California JPIA is hosting a Risk Managers Roundtable about Recent Case Law Outcomes and New Developments Impacting Cities on Tuesday, November 7, from 1:00 to 2:00 p.m. The roundtable will be held virtually via Zoom. California JPIA senior risk managers and training staff will host the roundtable, and David Ferrante-Alan, an attorney with Wesierski & Zurek LLP, will be the speaker. Ferrante practices insurance defense focusing on premises liability, government tort liability, motor vehicle negligence, elder abuse, and construction.
Topics for discussion include:
- Huckey v. Temecula determined that an uplift of up to 1.5” could be deemed trivial. Learn more about this and other recent factors David has seen regarding sidewalk inspections.
- Arborist and tree vendor agreements should include expanded inspection requirements. David will share the outcome of a recent case and discuss the need to clarify inspection requirements in your agreements.
- The importance of agencies not disclosing California State Highway Safety Program (SHSP), California Systemic Safety Analysis Program (SSARP), or California Highway Safety Improvement Program (HSIP) documents.
- Under Section 148, Title 23 US Code 409, reports assembled to participate in these programs cannot be subject to discovery or used as evidence in any action for damages arising from any occurrence at a location identified or addressed in the report.
- An action that one beach city took to reduce vehicle versus bicycle accidents
The California JPIA’s Risk Manager Roundtables allow members to explore important topics and share experiences with their peers, providing open discussion and dialogue about timely issues.
There is no cost to attend this event, but those interested must register before the event. If you have a disability and need accommodation to participate, please email the California JPIA training division within two business days of the training date. Members can learn more about the roundtable and register here.
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November Workers’ Compensation Webinar – Labor Shortage Challenges and an Aging Workforce
The California JPIA will host its next Workers’ Compensation Webinar on Thursday, November 9, at 10:00 a.m. Attendees will learn about some of the challenges associated with the labor shortage and an aging workforce.
Safety National’s Senior Medical Manager, Stacy Whalen, and Director of Risk Services, Ed Pratt, will draw upon their unique backgrounds to discuss this timely issue.
Organizations are pulling out all the stops to attract and retain workers, including offering innovative benefits, remote work, and flexible scheduling. But the fact remains that most industries, especially those in labor-intensive markets, are still understaffed. With that comes people working beyond retirement age and short-tenured workers coming rapidly into positions. Injury prevention and mitigation can be particularly challenging with this shift in the workforce.
Additional factors that will be discussed include:
- The short-tenured and aging workforce is associated with increased injury frequency, leading to increased medical costs and lost time.
- Biopsychosocial factors play a powerful impact on claim complexity.
- The considerations to be made in the training practices of new employees.
- How wellness programs can be a great ally in controlling injury potential.
We look forward to having you join us on November 9. Authority members can register here. A recording will be available on the Authority’s website for those unavailable to attend the live webinar. For any questions, please contact Jeff Rush, workers’ compensation program manager.
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Developing and Managing Your Safety Program: Five Common Mistakes to Avoid
While effective safety programs are vital for public agencies, they may miss valuable opportunities for management, communication, and training. At the 2023 California JPIA Risk Management Educational Forum, California JPIA Senior Risk Manager Tim Karcz highlighted five common mistakes agencies make in developing and managing their safety programs.
“Safety management can vary widely. In some cases, it’s very procedural; in others, it’s very specific to the exposure. This can result in many missed opportunities,” said Karcz.
While it’s crucial to have individuals who understand the job, expertise in safety may not be limited to individuals with a specific job title. Safety also requires collaboration, involving input from various departments and teams.
“Safety leadership is also crucial. Managing safety programs is not a one-size-fits-all approach. But leadership and management styles affect employee perception and reaction to safety differently,” said Karcz.
- Another common mistake is believing safety management is only implementing policies, conducting training sessions, and providing personal protective equipment (PPE). These elements are essential, but they are often the result of a thorough risk assessment. Safety management is a process: identify exposures by task, identify compliance requirements, conduct risk assessments, and choose how to manage.
“Neglecting to conduct proper risk assessments can lead to inadequate safety measures that fail to address specific hazards effectively,” said Karcz.
- The third mistake agencies make is believing that the absence of injuries equals safety–the lack of accidents doesn’t mean the existence of safety. Safety goes beyond mere absence; it’s about proactive prevention. Constant vigilance is crucial to maintain a safe workplace. Statistics show that only 15% of accidents result from unsafe conditions, while unsafe acts cause a staggering 85%.
“For every 300 unsafe acts that happen, 29 result in near misses or require first aid, while one leads to a serious injury or fatality,” said Karcz. “This is the world we’re living in if we aren’t paying attention to safety, doing risk assessments, and if safety isn’t managed well enough.”
Near misses should be handled by sharing what a near miss is, helping identify near misses, discussing near misses in staff meetings or tailgate discussions, sharing ideas for documentation, and reporting back to the safety coordinator. Members can access the Authority’s Supervisor Report of Injury or Illness form to assist with documentation and defining an incident’s root cause. Another helpful resource is the Authority’s Injury and Illness Control Failure and Root Cause Diagram.
- Similarly, agencies often believe outsourcing a task voids the responsibility of safety compliance; this is not always the case. It depends on the scenario. When more than one employer is present at a worksite, Cal/OSHA considers it a multi-employer worksite. Cal/OSHA thinks of it like this: all employers must work together to identify and control hazards; property owners and project owners have the same responsibility for safety; and when safety violations are cited, Cal/OSHA will evaluate the owner and employer hierarchy to determine who is responsible.
“To ensure compliance with Cal/OSHA,” said Karcz, “choose responsible contractors, know where the agency’s responsibility ends and where their responsibility begins, ensure known hazards are discussed, provide relevant procedures, and require in the contract that they adhere to all standards and safety requirements.”
- The last common mistake is not adhering to an Injury and Illness Prevention Program, as outlined in California Code of Regulations, Title 8, Section 3203. The program mandates that agencies establish roles and responsibilities for safety, communicate hazards, investigate accidents, and train employees. For example, an Injury and Illness Prevention Program could involve designating safety officers, conducting regular safety meetings, and documenting hazards identified in the workplace.
“The common mistakes described shouldn’t be looked at as mistakes but as opportunities for improvement,” said Karcz.
Members can access the Authority’s many resources and trainings through myJPIA and are encouraged to contact their regional risk manager if any questions arise. Developing and managing safety programs is a complex but vital task. By avoiding these common mistakes or identifying where an agency may be lacking in safety management, agencies can create a safer environment for their employees, reduce the risk of accidents, and mitigate potential legal and financial liabilities. Safety is a collective responsibility that requires constant vigilance, proactive measures, and open communication.
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California JPIA Receives AGRiP Recognition
By Carl Sandstrom, Business Project ManagerAs of October 2023, the California JPIA has achieved its third consecutive recognition from the Association of Governmental Risk Pools (AGRiP), denoting continued standing as an operationally effective body adhering to industry best practices.
Achieving AGRiP Recognition is a rigorous process involving assessing and reviewing a pool’s internal operational procedures against AGRiP Advisory Standards, which outline best practices in the categories of governance, staffing, service provider contracts, member services, coverage, underwriting, business continuity, data security, claims management, and professional development.
AGRiP awards recognition status to those pools that meet the AGRiP Advisory Standards. The recognition is granted to each eligible pool in three-year increments, helping assure its governing body and members that it is operating effectively. Approximately a quarter of AGRiP member pools have achieved AGRiP Recognition.
“Achieving national recognition from AGRiP is an accomplishment that we can all be proud of,” said California JPIA Chief Executive Officer Alex Smith. “By implementing industry best practices for risk pool governance and administration, the Authority ensures that members receive excellent programs and services.”
Last year, the California JPIA renewed its Accreditation with Excellence from the California Association of Joint Powers Authorities (CAJPA) and has been Accredited with Excellence since 2016.
AGRiP is an association focused on energizing the power of pooling, making member organizations more effective, collaborative, and informed.
Learn more about AGRiP and the AGRiP Recognition status.
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All California JPIA Academies are at No Cost to Member Agencies
Beginning in October 2023, all California JPIA academies are offered at no cost to Authority members. Registration will still include lodging, meals, and training materials, but a registration fee will not be charged. With each academy registration, members can select to stay overnight at the hotel where the academy is taking place or commute to the academy each day. Authority staff will coordinate lodging for all attendees if a hotel stay is selected.
“The California JPIA academies have provided member agency employees with diverse training curricula over the years,” said California JPIA Training Coordinator Michelle Aguayo. “Attending an academy not only gives that employee applicable information to start using at their agency, but it gives them a small group space to network, share valuable ideas, and have individual time with subject matter experts.”
Registration opens two months before the date of the academy. There are eleven academies scheduled for 2024:
- Risk Management, January 23–25, 2024, Miramonte Resort, Indian Wells
- Parks and Recreation, February 13–15, 2024, Rancho Bernardo Inn, San Diego
- Management (Spring), March 5–7, 2024, Allegretto Resort, Paso Robles
- Public Safety, March 12–14, 2024, Allegretto Resort, Paso Robles
- Executives Summit, April 9–11, 2024, Rancho Bernardo Inn, San Diego
- Human Resources, April 23–25, 2024, Rancho Bernardo Inn, San Diego
- Elected Officials Summit, May 14–16, 2024, Hyatt Regency, Huntington Beach
- Public Works, June 25–27, 2024, Hyatt Regency, Indian Wells
- Leadership, August 20–22, 2024, Allegretto Resort, Paso Robles
- Management (Fall), September 17–19, 2024, Rancho Bernardo Inn, San Diego
- Training Registrars, November 4–7, 2024, Allegretto Resort, Paso Robles
For more information about the California JPIA academies, please contact Training Coordinator Michelle Aguayo.
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Liability Attorney Summit Held in September
By Paul Zeglovitch, Liability Program ManagerThe California JPIA held its annual Liability Attorney Summit on September 20, 2023, at the Authority campus in La Palma. Forty-seven participants attended the summit, including representatives from Carl Warren & Company, the Authority’s liability third-party claims administrator, defense panel firms, business partners, and Authority staff.
Paul Zeglovitch, the California JPIA’s liability program manager, welcomed attendees and started the meeting with an opening presentation on the state of the Authority’s liability program. Paul discussed the slow but steady growth of the organization as it relates to members and staff. He also celebrated the cooperative, collaborative culture amongst panel members and Carl Warren staff.
The opening session was an open forum for all counsel in attendance to share their experiences over the past year, which led to an active discussion.
David Ferrante Allan shared knowledge and tips from his decades of practice and countless design immunity motions for summary judgments. He also addressed the importance of design immunity for public entities facing dangerous road condition cases.
The summit also featured a lively roundtable where trial attorneys Michael Nebenzahl, Michael Gibbs, and Mitch Dean discussed depositions, witness preparation, pre-trial motions, and trial execution.
Appellate Specialist Dan Barer provided an update on critical cases involving employment liability, scooter liability, and bystander emotional distress. These cases are essential to our evolving defense of our members.
The event concluded with a presentation from Ed Richards of Kutak Rock on a case that may alter exposure for members.
The Liability Summit is an annual event where the Authority’s defense counsel can gather and discuss emerging case law, litigation strategies, and liability claims trends. For more information about the Liability Summit or the Authority’s liability protection programs, contact Paul Zeglovitch.
Print ArticleRE: MEMBERS
Marshall Goodman Elected League of California Cities Orange County Division President
The California JPIA congratulates Executive Committee member and La Palma Mayor Pro Tem Marshall Goodman, elected to a one-year term as the League of California Cities Orange County Division president. A 13-member board of directors governs the Orange County Division under the leadership of the division president. The Division’s elected and professional city staff work closely to develop regional informational programs and carry out grassroots activities to support specific legislative, regulatory, and ballot measure goals. Division members also participate in the development of Cal Cities’ statewide policy.
“The City of La Palma congratulates Mayor Pro Tem Goodman on being elected president of the League of California Cities Orange County Division,” stated La Palma City Manager Conal McNamara. “Marshall actively addresses regional matters and offers a valuable perspective on risk management and policy insights through his interactions with the California JPIA and local government officials throughout the state. The city appreciates his dedicated service to the La Palma community and his many contributions to local government and public policy development.”
Goodman’s participation in local government began when he was appointed to the La Palma Community Activities and Beautification Committee in January 2014. He was first elected to the La Palma City Council in November 2016. Goodman has represented the City of La Palma on the California JPIA’s Board of Directors since 2019 and serves on the Housing, Community, and Economic Development Policy Committee for the League of California Cities, serving as Vice Chair of the committee in 2021 and Chair in 2022. He’s on the Board of Directors of the Orange County Sanitation District, serving on the Administration Committee, the Audit Ad Hoc Committee, and the Legislative and Public Affairs Committee.
“As a professor of public policy at California State University Long Beach, Marshall brings thoughtful leadership and a wealth of experience to the Executive Committee,” said California JPIA Chief Executive Officer Alex Smith. “He has a pragmatic, collaborative, and inclusive approach to public service. It’s a privilege to work with him.”
The League of California Cities Orange County Division leadership team includes four additional California JPIA members: First Vice President David Shawver, mayor, Stanton; Immediate Past President John Taylor, councilmember, San Juan Capistrano; First District Representative Glenn Grandis, mayor pro tem, Fountain Valley; and Third District Representative Scott Voigts, councilmember, Lake Forest.
Congratulations, Mayor Pro Tem Goodman, on your election as the League of California Cities Orange County Division president!
Print ArticleCOVERAGE MATTERS
2023–24 Memoranda of Coverage and Program Certificates
Throughout each coverage period, staff continually evaluates the Authority’s Memoranda of Coverage for sections that should be considered for clarification, amendment, or change. These changes accomplish the goal of providing an easy-to-follow, fair coverage document for the Authority’s membership.
On May 24, 2023, and June 28, 2023, the California JPIA Executive Committee approved revisions to the following Memoranda of Coverage:
Memorandum of Coverage – Liability Program
Page 10 – Pollutants/Hazardous Materials: Added polyfluorinated substances to the definition. These substances are present in many products and have increased in level in our waterways and should be specifically called out as excluded.
Page 20 – Exclusion “P” (7): Added a new part to exclude approval or disapproval of an application for a concealed carry weapons (CCW) permit. Recent case law has caused Sheriff’s departments or other issuing agencies to push that responsibility down to individual police departments. Exclusion “P” deals with permit exclusion, specifically in the land use arena. This addition will broaden that exclusion to include CCW permits.
Memorandum of Coverage – Property Program
Global change: All references to “vacant” buildings and locations are revised to include “unoccupied” buildings and sites with vacant buildings.
Page 11: “Covered property” is clarified that land includes dirt.
Page 14: “Property Not Covered” is clarified that land includes dirt.
Page 24: Definitions of “Vacant” and “Unoccupied” are added.
Page 53: Corrects reference in Appeal of Disputes.
Page 56: Corrects reference of “insure against” to “cover.”
Page 56: Corrects reference of “Company” to “Authority.”
There were no substantive changes to the Memorandum of Coverage – Workers’ Compensation Program.
Program summaries for the 2023-2024 coverage period will be updated and provided to members in October.
Your agency’s personalized Memoranda of Coverage and Program Certificates for 2023-2024 are available for download. Member employees can go to cjpia.org, click on coverage, and either memoranda of coverage or program certificates. Log in, and you will land on your agency’s organization page in our member portal and have access to this year’s documents.
If you have forgotten or require myJPIA credentials, please use the features found on the myJPIA login page to register or reset your password. Your username is your email address.
If you have any questions about coverage-related issues, please contact the appropriate program manager: Paul Zeglovitch, liability program manager; Jeff Rush, workers’ compensation program manager; or Jim Thyden, insurance programs manager.
Print ArticleRISK SOLUTIONS
California JPIA Pilots and Launches New Resources During Cybersecurity Awareness Month
Since 2004, the President of the United States and U.S. Congress have acclaimed October as Cybersecurity Awareness Month, when the public and private sectors collaborate to raise awareness about the importance of protecting systems, networks, and programs from digital attacks. This month and throughout the year, cybersecurity remains top-of-mind for many public agencies as incidents trend upward in frequency and complexity.
“California local governments have become a major target for cyberattacks,” said Senior Risk Manager Alex Mellor. “This increase, as well as other factors, has caused the commercial cyber insurance market to harden; fewer insurers are willing to write cyber coverage, and those remaining in the market are more selective. The Authority’s priorities are twofold: to help members effectively manage cyber risk and to ensure the pool continues to be insurable by promoting good cybersecurity hygiene amongst the membership.”
The California JPIA currently holds pool-wide coverage for first- and third-party cyber losses through Great American Insurance Company, offering members two critical resources. The Eagle Eye cyber risk management platform includes a checklist to help avoid common security errors, an external website assessment tool, and a cybersecurity progress tracker. The E-Risk Hub, which members can access through cjpia.org, offers a repository of trainings, articles, and cybersecurity news.
Building on these resources—and rooted in a rise of member interest—the California JPIA has partnered with KnowBe4, a cybersecurity awareness and simulated phishing service provider.
KnowBe4 strengthens cybersecurity culture and reduces human risk through a simulated phishing platform that helps organizations raise awareness about ransomware, fraud, and other social engineering tactics.
“KnowBe4 helps members stress-test their human firewall through custom, simulated phishing emails,” said Mellor. “This allows them to identify susceptible employees and provide immediate training.”
The Authority has negotiated preferred pricing with KnowBe4 for members new to the program. Learn more about the KnowBe4 service and sign up here.
The Authority has also partnered with Triden Group, a cybersecurity solutions and services company, to provide cyber assessments to members. These services are currently being piloted with a small group of agencies and, assuming the pilot is successful, will be offered to the broader membership sometime in 2024. The Authority will fully fund cyber assessments.
The scope of work for each assessment includes the following elements:
- The National Institute of Standards and Technology (NIST) Questionnaire is an interview-style survey that evaluates whether or not cyber security controls are implemented correctly, operating as intended, and producing the desired outcome concerning meeting the security and privacy requirements for the system and the organization.
- An External Vulnerability Assessment identifies and evaluates security vulnerabilities in an organization’s external-facing systems and networks. This includes systems and networks that are accessible to the public, such as web servers and email servers.
- An Internal Vulnerability Assessment identifies and evaluates security vulnerabilities in an organization’s internal systems and networks. This includes systems and networks that are not accessible to the public, such as servers, workstations, and databases.
After completing the assessment, members will receive a findings report and a roadmap for improvement. The Authority has also executed a master services agreement with Triden Group, which allows members to take advantage of preferred pricing should they decide to engage Triden to remediate deficiencies identified during the assessment.
“Members are strongly encouraged to take advantage of these tools to improve cybersecurity practices,” said Mellor. “Doing so will reduce the likelihood that the member will be victimized by cyber criminals and strengthen the Authority’s ability to continue to obtain pool-wide cyber liability coverage in the future.”
Members wishing to learn more about the above resources should contact their regional risk manager.
Print ArticleLEGISLATIVE UPDATE
Getting Ready for 2024 and Beyond
Continuing the trend of recent years, the California State Legislature had an extremely busy year. Governor Newsom had until October 14 to sign or veto bills passed by the Legislature. Below are key bills scheduled to go into effect on January 1, 2024 (unless otherwise noted).
AB 452 (Addis) Childhood sexual assault: statute of limitations.
Summary: This bill eliminates the statute of limitations to bring a civil action against an employer—including public agencies—where there has been a claim against an employee of that organization for alleged child sexual abuse. The bill’s provisions “apply to any claim in which the childhood sexual assault occurred on and after January 1, 2024.”
AB 594 (Maienschein). Labor Code: alternative enforcement.
Summary: This bill, until January 1, 2029, would authorize a public prosecutor to prosecute an action, either civil or criminal, for a violation of specific provisions of the Labor Code or to enforce those provisions independently. It would require money recovered by public prosecutors under the California Labor Code to be applied first to payments due to affected workers. Except as specified, it would limit the action of a public prosecutor to redressing violations occurring within the public prosecutor’s geographic jurisdiction. This bill would authorize a public prosecutor, in addition to any other remedies available, to seek injunctive relief to prevent continued violations.
SB 497 (Smallwood-Cuevas). Protected employee conduct.
Summary: Under existing law, if an employee is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to adverse action, or in any other manner discriminated against in the terms and conditions of their employment because, among other things, the employee engaged in protected conduct, the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. This bill amends Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation if an employer takes certain adverse actions against an employee within 90 days of the employee engaging in protected activity. It creates a presumption that may allow some claims to proceed that would not have in the absence of the presumption.
SB 553 (Cortese). Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.
Summary: Among other provisions, this bill adds Section 6401.9 to the California Labor Code, which requires employers to adopt a comprehensive workplace violence prevention plan that must include specific elements that must be implemented into the plan by July 1, 2024. Additionally, employers must record information in a violent incident log about every incident, post-incident, response, and workplace violation injury investigation performed per the plan. This requirement also must include specific elements, as outlined in the bill.
SB 616 (Gonzalez). Sick days: paid sick days accrual and use.
Summary: This bill amends California’s paid sick leave law, the Healthy Workplaces, Healthy Families Act of 2014, by raising the employer’s authorized limitation on the use of carryover sick leave to 40 hours or five days in each year of employment. The bill would redefine “full amount of leave” to mean five days or 40 hours. Previously, employers were authorized to limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period.
SB 623 (Laird). Workers’ compensation: post-traumatic stress disorder.
Summary: This bill removes the proposed January 1, 2025, sunset date for the PTSD presumption afforded to many safety officers. The sunset date has been extended to January 1, 2029, and the Commission on Health and Safety and Workers’ Compensation is required to submit reports to the Legislature in the interim. These reports shall “analyze the effectiveness of the presumption and a review of claims filed by specific types of employees, not included in the presumption, such as public safety dispatchers.”
SB 848 (Rubio). Employment: leave for productive loss.
Summary: The California Fair Employment and Housing Act makes it unlawful for an employer to refuse to grant a request by any employee to take up to 5 days of bereavement leave upon the death of a family member. This bill additionally makes it unlawful for an employer to refuse to grant a request by an eligible employee to take up to 5 days of reproductive loss leave following a reproductive loss event. SB 848 defines a “reproductive loss” as a miscarriage, failed surrogacy, stillbirth, unsuccessful assisted reproduction, or failed adoption. The bill would require that leave be taken within three months of the event (unless an exception is covered under the bill). This bill provides that if an employee experiences more than one reproductive loss event within a 12-month period, the employer is not obligated to grant a total amount of reproductive loss leave time of more than 20 days within a 12-month period. The reproductive loss leave may be unpaid unless an existing policy addresses this. However, the bill authorizes an employee to use other leave balances that are available to the employee (such as paid sick leave). This bill makes it unlawful for an employer to retaliate against an individual because the individual exercised the right to reproductive loss leave or the individual’s giving of information or testimony as to reproductive loss leave. This bill would require the employer to maintain employee confidentiality regarding the reproductive loss leave.
As the State Legislature reconvenes in January, the Authority will continue to monitor bills and inform members of legislation that may affect public agencies.
Print ArticlePRO: FILES
California JPIA Recognizes Promotion for Chris Yanonis
The Authority is pleased to announce the promotion of Chris Yanonis from maintenance worker to facilities specialist. Yanonis joined the California JPIA in 2007. Since then, he has demonstrated a self-starter attitude, maintaining the California JPIA’s buildings and grounds. Anyone who has attended an event at the Authority campus has seen the attention to detail and effort he puts into keeping the facilities and landscaping in excellent shape.
“Chris consistently goes above and beyond in his duties, ensuring that our buildings are safe, professional, and comfortable,” said Chief Executive Officer Alex Smith. “He leads by example, always going the extra mile to ensure that our facilities reflect the excellence and professionalism that define us as an organization.”
Over the past 15 years, Yanonis has demonstrated a tireless work ethic and a sense of responsibility for maintaining the California JPIA campus. Smith notes that these qualities have earned him the respect and admiration of his colleagues.
During his time at the Authority, Yanonis has undertaken numerous onsite responsibilities, actively contributing to the planning and successful execution of various events, including community service projects and meetings. He has remained dedicated to ensuring that the California JPIA’s staff members are equipped with everything necessary to deliver our members the highest level of service and care.
“Since Chris began at the Authority as a maintenance worker, he has grown so much professionally,” said California JPIA Administrative Services Director Nikki Salas. “I’ve seen him take on new challenges enthusiastically and creatively, and that spirit helped him earn this promotion.”
As Facilities Specialist, Yanonis will be responsible for facility maintenance, managing workplace safety protocols, and implementing sustainability initiatives, among other critical responsibilities.
“As Chris takes on the new role of Facilities Specialist, I have no doubt that he will continue to shine. His extensive experience and deep understanding of the Authority’s unique needs make him the perfect fit for the role,” said California JPIA Finance Director Jason McBride.
“I’m honored to be recognized for my work. I love what I do, and it feels good to be recognized for it,” said Facilities Specialist Chris Yanonis. “The new building will also provide an exciting opportunity to make a real impact on our organization’s infrastructure.”
The Authority congratulates Chris on his promotion to facilities specialist!
Print ArticleLEGAL MATTERS
Are You Picture Perfect? AB 994 And Posting Mugshots On Law Enforcement Social Media Accounts
By Ephraim Margolin, Partner, Burke, Williams & Sorensen, LLPOriginally published on October 10, 2023. Reprinted with permission from Burke, Williams & Sorensen, LLP.
On September 23, 2023, Governor Gavin Newsom signed Assembly Bill (“AB”) 994 into law. AB 994, effective January 1, 2024, imposes new requirements on how and when law enforcement agencies may share and remove booking photographs—commonly known as mugshots—of persons arrested for nonviolent crimes on their social media accounts.
Until January 1, 2024, when a law enforcement agency posts a mugshot of a nonviolent arrestee to its social media account, it does not have to take the mugshot down until the arrestee requests that it be taken down and provides documentation related to the arrest.
Starting January 1, 2024, if a law enforcement agency posts a person’s mugshot for a nonviolent crime, it must remove the mugshot from its social media account within 14 days unless:
- the suspect is a fugitive or imminent threat to public safety;
- a judge orders the photograph released; or
- exigent circumstances require the law enforcement agency to continue to have the photograph posted.
This requirement applies retroactively to mugshots posted before January 1, 2024. Law enforcement agencies should revise their social media policies by January 1, 2024, to require the removal of mugshots of nonviolent arrestees after 14 days unless one of the exceptions above applies.
Starting January 1, 2024, if a law enforcement agency shares an individual’s mugshot for a nonviolent crime on social media, it must use the name and pronouns given by the individual. The agency may include other legal names or known aliases of the person if it will assist the agency in locating or apprehending the individual or help eliminate an imminent threat to public safety.
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