Issue 142 - December 2023
NEWS: WORTHY
End-of-Year Message from CEO Alex Smith
From Alex Smith, Chief Executive OfficerAs 2023 draws to a close, and we look forward to the new year, it is a time of reflection and anticipation. I am immensely grateful for the trust and confidence our members have placed in the Authority to be your partner in risk management.
As I reflect upon the building blocks of past successes, a major contributing factor has been the high level of engagement and collaboration between the Authority and member agencies. The strength of these relationships enables achievements such as record-breaking training participation, new process efficiencies in claims management, and the implementation of relevant and timely risk mitigation programs and initiatives. All these efforts move us forward together toward the greater objective of preventing claims across the membership and minimizing the severity of claims when they occur.
In 2023, we marked the culmination of a remarkable era as we honored Jonathan Shull, our departing chief executive officer, for his 28 years of dedicated service to the Authority and its members. It is a privilege for me to take up the mantle and continue advancing the legacy of success established under Jon. During my first six months on the job, I’ve been listening to and learning about member priorities and issues, meeting with vendors and business partners, and becoming more familiar with all the extraordinary work our incredible staff does every day.
This past year, we welcomed three exceptional cities to the Authority as new or returning members: Fountain Valley, Hermosa Beach, and Laguna Hills. The onboarding process went smoothly, and the delivery of services, including training, claims management, and risk management consulting, is off to a great start.
I am also proud to report that attendance at the Annual Risk Management Educational Forum a few months ago was up 24 percent year-over-year to 471 attendees, representing 73 percent of the membership. This is a high-water mark for us as an organization, and we genuinely appreciate everyone who came to learn, network, and enjoy our speaker lineup. We’ve already begun working on next year’s event, which will be another good one. You will not want to miss it.
As we look toward 2024, I am filled with optimism and enthusiasm. We are poised to embrace new opportunities, overcome challenges, and continue providing our members with exceptional service. As always, we remain vigilant and focused on safety, helping protect your valuable resources from loss (people, property, and treasury) so your local communities can thrive.
Thank you for your ongoing support and partnership with the California JPIA. We wish everyone a joyful holiday season and a New Year full of growth and meaning.
Print Article2023 Liability Third-Party Claims Administrator (TPA) Audit
On an annual basis, and to ensure the highest level of liability claims administration, the California JPIA conducts an independent audit of our liability third-party administrator (TPA). For the past 11 years, the Authority has engaged Independent Consulting and Risk Management Services (ICRMS) to evaluate the proficiency of our liability claims handlers and our overall liability program.
ICRMS President Mark Nestor has extensive experience with more than 30 years in the development, daily management, and operation of liability and workers’ compensation programs. Mark has been responsible for developing and managing six public entity pools with annual premiums of more than 100M. While Mark’s skilled claims evaluators are reviewing liability claim files, Mark meets with the TPA Claim Director, key TPA staff, and the Authority’s Claims and Insurance Director to put his finger on the pulse of the program’s health and where areas of improvement could lie. After the week-long audit, ICRMS provides a detailed analysis of the TPA’s claims-handling proficiency and recommendations for program improvements, which are tracked from year to year.
Regarding the claim file portion of the audit, a thorough analysis is done on coverage evaluation, investigation, damages evaluation, litigation management, resolution, documentation, supervision, reporting, and reserving. In addition, each file handler is scored, and their cumulative scores are then tracked on a yearly “roll up” to track their historical performance. We are pleased to report that the Authority’s liability TPA, Carl Warren & Company, posted an overall score of 98 percent for 2023. Carl Warren has consistently scored in the high 90s for the past decade. ICRMS continues to complement the municipal claims handling proficiency exhibited by Carl Warren & Company. Carl Warren & Company has been our trusted partner since the inception of the California JPIA, and we are pleased that they are performing at a very high level. We invite members to share their feedback regarding our liability claims administration efforts at any time by contacting our Claims and Insurance Director, Paul Zeglovitch.
Print ArticleCalifornia JPIA Hosts “Keeping Compliant with AB 2188 and SB 700: Employee Off-Duty Cannabis Use” Webinar
The California JPIA will host its next webinar on Wednesday, January 10, 2024, at 10:00 a.m. Attendees will learn how to navigate two bills (AB 2188 and SB 700) as they relate to an employee’s use of cannabis.
California’s expanded cannabis employment anti-discrimination laws – AB 2188 and SB 700 – go into effect on January 1, 2024. This webinar will discuss what employers must do to comply with these laws. Attendees will learn about the new cannabis laws, compliant drug and alcohol policies, changes that need to be made to existing policies and procedures, changes to drug testing procedures, and other compliance issues. In addition, we will highlight the Authority resources available to members to assist with compliance with these new requirements.
Kelly Trainer Policky, California JPIA employment practices manager, will present the webinar. Kelly joined the California JPIA in 2021, and she manages the Employment Hotline and works with member agencies on employee relations issues. Kelly holds a B.A. from the University of Houston and a J.D. from the McGeorge School of Law at the University of the Pacific.
Kelly has extensive experience with personnel rules, employee handbooks, personnel ordinances, and other employment practice policies. She has also conducted various seminars and workplace trainings for the California JPIA, as well as the Public Agency Risk Management Association (PARMA) and California Public Employers Labor Relations Association (CALPELRA), on matters such as harassment prevention, disability discrimination, workplace investigations, diversity and inclusion, managing difficult employees, workplace violence, discipline and termination, social media, performance evaluations, creative and effective documentation, and leaves of absence.
We look forward to having you join us on January 10, 2024. If you want to join the live webinar, please register here in advance to receive the link. For those who are unavailable to attend the live webinar, a recording will be made available at a future date on the Authority’s website. For any questions, please contact Senior Risk Manager Maria Galvan.
Print ArticleIncreasing Team Cohesion
Team cohesion is a vital part of building success in any organization. At the 2023 California JPIA Risk Management Educational Forum, Senior Consultant for 34th Street Consulting, Jacob Houghton, delved into the dynamics of team cohesion, providing insight on significant barriers to effective collaboration within organizations and offering solutions for fostering a more unified, trusting work environment.
“Paradigms significantly shape our worldview, acting as a filter influenced by our assumptions, beliefs, and values,” said Houghton. “If we could begin by understanding and respecting each individual’s view, it would build a foundation for a common understanding and unity.”
Houghton identified silos as one organizational issue. Causes such as voids in leadership, departmental isolation, hybrid work cultures, and unhealthy competition were identified as catalysts for silo formation. Houghton highlighted the effects of silos, including strained relationships, information barriers, and compromised mental health.
He proposed breaking down silos by “installing windows,” a metaphorical call to enhance transparency and communication. He stressed the pivotal role of leadership in initiating this change and advocated for the construction of effective teams equipped with technical skills and communication abilities.
A culture of trust emerged as a foundational element of cohesive teamwork. Houghton outlined several factors contributing to trust: ability, integrity, and character. He then underscored the importance of consistency, accountability, relationship-building, and sound judgment in fostering a culture of trust within an organization.
“If we want people to partake in the change we are asking them to make, we must start with trust,” said Houghton. “Trust is one of the most rewarding and effective ways of developing team cohesion.”
Drawing insights from Daniel Coyle’s book, The Culture Code, Houghton accentuated the need for a sense of belonging, safety, shared purpose, and vulnerability among employees. He highlighted the power of vulnerability, emphasizing the importance of creating an environment where individuals feel safe to express struggles without fear or judgment.
In his presentation, Houghton cited statistical evidence of the benefits of belonging. Those who felt belonging had a 56 percent increase in job performance, a 50 percent drop in turnover risk, a 75 percent reduction in sick days, and a 167 percent increase in employer promoter score.
He offered practical steps for implementing change: communicating clearly, addressing low-hanging fruit first to demonstrate efficacy, and identifying influential team members to champion these transformations. Houghton explained that by doing these things first, people can see that the ideas work.
“History is to be learned from and not lived in,” he said. “We must embrace and view change as a catalyst to better ourselves and our work environment.”
Houghton’s presentation highlighted a web of factors that contribute to team cohesion. He also provided a roadmap for organizations to navigate and overcome challenges through collaboration, trust, and mutual respect. By breaking down silos, fostering trust, and embracing change, workplaces can cultivate a culture where individuals thrive and organizations flourish.
Print ArticleCalifornia JPIA Team Continues Its Tradition of Community Service
During November and December 2023, staff at the California JPIA took part in a donation drive for the Orangewood Foundation, an organization providing support to current and former foster youth in Orange County. This effort aimed to offer hope to local youth facing challenges while providing a way for staff to contribute time and resources during the holiday season.
Management Analyst Courtney Morrison, Senior Risk Manager Alex Mellor, and Administrative Assistant Jennifer Torres spearheaded the donation drive. “Embracing community service is ingrained in our culture at the Authority. Our commitment to supporting local organizations, like the Orangewood Foundation, is a longstanding tradition that both serves the community and brings our staff closer together,” said Morrison.
The Orangewood Foundation is one of the leading service providers to current and former foster youth in Orange County, annually helping almost 2,000 young people prepare for independent adulthood.
The Authority typically organizes a food drive for Orangewood around the holiday season, but this year, to address more pressing needs, Morrison, Mellor, and Torres coordinated a donation drive for personal hygiene kits. To rally staff and provide some holiday cheer, the donation organizers arranged for a friendly team competition, challenging each other to assemble the most kits.
The donated hygiene kits, non-perishable food, and items from Orangewood’s wish list were delivered to the foundation’s Santa Ana location in December.
“Authority staff are deeply committed and proud to partner with Orangewood Foundation, a local beacon of support for youth, offering essential services such as health and wellness, housing, life skills, education, and employment assistance. The success of these young individuals is a triumph for the entire community. It showcases the powerful impact of a dedicated support system,” said California JPIA Chief Executive Officer Alex Smith.
Visit the Orangewood Foundation website for volunteer opportunities and learn more about their services.
Print ArticleNew Training Course – Online Ethics Training for Local Agency Officials
California state law, known as AB 1234, requires training in public service ethics law for certain elected and appointed local officials. Training is required within one year of assuming service and every two years while in service. Training must be two hours long and cover specific content outlined by the state Attorney General’s office.
The California JPIA is developing online, self-paced training for Local Agency Officials, which will be available in early 2024 on the Authority’s learning management system, myJPIA.
This course is designed to meet the AB 1234 mandate. Topics include laws relating to personal financial gain by public servants, perquisites of office, government transparency laws, and laws about fair processes.
For further information about scheduling this or other trainings offered by the California JPIA, please contact our training division.
Print ArticleRISK SOLUTIONS
ADA Assistance Program
By Abraham Han, Management AnalystAudits and litigation have increased in recent years at the local government level, and members may find it daunting or confusing to navigate compliance with the Americans with Disabilities Act (ADA). In response to these ongoing challenges, the Authority continues to offer the ADA Assistance Program to members looking to take a tangible first step toward compliance.
Since 2015, the Authority has partnered with Disability Access Consultants (DAC) to provide accessibility compliance services to assist members in compliance with local, state, and federal laws and regulations. These services have included providing members with an initial diagnostic compliance assessment, facilities and public rights of way inspections, and evaluation of policies, procedures, and programs. DAC also provides DACTrak software, which helps to track ADA compliance progress and costs.
Through this business partnership, the Authority and DAC work closely with members to develop a current and complete ADA transition plan. To incentivize members in this effort, the Authority provides each participating member an allowance to help offset the cost of developing a current and complete ADA transition plan. The funding breaks down as follows:
- Initial compliance diagnostic assessment: $2,800 (fully covered by the Authority; no out-of-pocket expenses to the member)
- Inspections of facilities and public rights of way: $16,500 (Authority covers first $16,500; member covers remaining amount)
- Evaluation of policies, procedures, and programs: $5,000 (fully covered by the Authority; no out-of-pocket expenses to the member)
- Software (first year of DACTrak software): $2,000 (Authority covers the first year of annual software cost; members cover annual software cost beginning in year two)
The total value of the ADA Assistance Program allowance is $26,300 and is for one-time use (i.e., members who have already taken advantage of the ADA Assistance Program are not eligible to participate again in the program)
Members who are interested in the program are strongly encouraged to contact their regional risk manager. This will allow Authority staff to coordinate a scoping call between the member and DAC to determine a workable compliance roadmap unique to each member agency.
If you are interested in participating in the ADA Assistance Program or have questions about the program, please contact your regional risk manager or Management Analyst Abraham Han.
Print ArticlePRO: FILES
California JPIA Recognizes Milestone Anniversary for Paul Zeglovitch
The California JPIA congratulates Claims and Insurance Director Paul Zeglovitch, who celebrates his milestone 15th anniversary in December.
“As the calendar pages turn, certain milestones compel us to pause and reflect,” said California JPIA Chief Executive Officer Alex Smith. “This month marks a significant one for our organization as we celebrate the 15-year anniversary of Paul Zeglovitch. It’s not just about the number of years, but about his incredible journey, meaningful relationships, countless contributions, and stalwart support and defense of our members.”
Zeglovitch joined the California JPIA in 2008 and was promoted from liability program manager to claims and insurance director in November. He manages all aspects of the liability protection program, including the program’s third-party administrator and defense panel attorneys representing more than 20 law firms from San Diego to San Francisco.
In his new role, Zeglovitch manages the Authority’s employment assistance and intervention program. He also leads the Authority’s claims and insurance team, including Administrative Analyst Edith Aviña, Employment Practices Manager Kelly Trainer Policky, Workers’ Compensation Program Manager Jeff Rush, and Insurance Programs Manager Jim Thyden. Chris Kustra, an account manager at Carl Warren & Company, supports the team. He leverages his technical knowledge of claims and litigation to present cases to the Executive Committee and represent the California JPIA during members’ council meetings.
Zeglovitch said members would benefit from the new team’s increased collaboration and collective wisdom: “By working together more formally, we can facilitate problem-solving and develop more creative solutions. I am excited to help motivate and inspire others within our organization.”
The California JPIA offers members both primary and excess liability coverage that includes bodily injury, personal injury, or property damage to a third party resulting from a member activity, as well as employment practices liability. Zeglovitch supports claims management through a collaborative consultation process with members.
“The Authority’s level of involvement with the members is tremendous,” said Zeglovitch. “We support them from a liability standpoint, whether it’s legal opinions, contract review, or expert evaluations. Our risk managers are essentially an extension of the members’ staff. Everyone works together to respond as quickly as possible to the members’ needs.”
Throughout each coverage period, Zeglovitch monitors the Authority’s Memorandum of Coverage – Liability Program for sections that should be considered for clarification, amendment, or change. Annually, he partners with an independent auditor to review and grade the Authority’s third-party liability claims administrator’s service in investigation, reporting, litigation management, reserving, and technology. The auditor analyzes the quality of the claims handling, completes a holistic overview of the program, and provides recommendations for improvement.
“The audit provides a comprehensive look at the Authority’s claims management process,” he said. “It’s a good indication of how our claims were handled by our adjusters, supervisors, and account manager during the year.”
As host of the California JPIA’s annual Liability Attorney Summit, Zeglovitch moderates a forum about emerging case law, litigation strategies, and liability claims trends. The summit includes representatives from the Authority’s liability third-party claims administrator, defense panel firms, business partners, and Authority staff.
“Paul is the heart and soul of our liability program,” said Smith. “For a decade and a half, he has skillfully guided us through difficult litigation, nuanced and evolving case law, tough mediations, and countless legal issues impacting public agencies in California. Paul’s ability to rally and lead our distinguished panel of defense attorneys and our dedicated claims management team has been nothing less than extraordinary. He works tirelessly to deliver the best possible results because he cares deeply about our members and is committed to their success. Paul is well-known for his claims management expertise and unwavering tenacity; he is also a gifted communicator. He understands the important work that needs to be done but always takes time to make personal connections along the way. Paul brings people together and doesn’t just lead; he inspires.”
Zeglovitch was also integral in creating the Authority’s Employment Intervention Program (now known as the Employment Hotline), which assists members facing challenging employment action and reduces employment practices claims. The Employment Hotline helps members address employment matters that range from straightforward questions to complex investigations, including discipline, harassment and discrimination complaints, suspicion of criminal activity, and reasonable accommodation of disabilities.
“Our Employment Intervention Program has had some excellent results, including having people return to work and become great employees, which is the home run,” he said. “The program has grown steadily over the years and continues to be more successful year after year. We have been fortunate to partner with Burke, Williams & Sorensen, LLP on this endeavor for over ten years and, more recently, to add former Burke partner Kelly Trainer Policky as an Authority staff member.”
Zeglovitch presented at the Public Agency Risk Management Association (PARMA) Annual Conference earlier this year. In “Managing Employment Practices Liability Exposures – Where Do You Start?,” Zeglovitch and Carl Warren & Company Liability Pool Claims Manager Chris Kustra discussed how to prepare and train managers, conduct pre-claim collaboration with qualified counsel, and litigate employment practice liability cases. The prior year, Zeglovitch, along with Kustra and Collins + Collins LLP Partner Michael Wroniak, presented “Liability Claim Reserving and Case Evaluation,” sharing their expertise about how third-party administrators and claims managers set reserves on liability claims and lawsuits, as well as factors that affect the valuation of claims and cases.
Zeglovitch was a claims supervisor at Carl Warren & Company, where he worked for 16 years. He holds a B.A. in business from the State University of New York at Buffalo and is a credentialed Associate in Risk Management, specializing in public entities. Previously a director, he now serves as secretary/treasurer for PARMA.
“We are fortunate to have Paul in our corner and immensely grateful for his knowledge and leadership,” said Smith. “We congratulate him on achieving this significant milestone and look forward to many more years of teamwork and excellent service to members.”
Print ArticleLEGAL MATTERS
AB 1638: Providing Emergency Information in Non-English
By Ephraim S. Margolin, Associate; Thomas D. Jex, Partner; Denise S. Bazzano, Partner; and Chad W. Herrington, Partner; Burke, Williams & Sorensen, LLP.
Originally published on November 22, 2023. Reprinted with permission from Burke, Williams & Sorensen, LLP.
On October 8, 2023, Governor Gavin Newsom signed Assembly Bill (“AB”) 1638 into law. AB 1638, effective January 1, 2025, requires local agencies that provide emergency response services—such as police, fire, or emergency medical services—to provide information about the emergency in a non-English language spoken by more than 5% of its population.
AB 1638 defines an “emergency” as a “situation that calls for immediate action to respond to the threat of serious harm or mass casualties, including conditions of natural disaster or conditions posing extreme peril to the safety of persons and property in the territorial limits of the local agency.”
AB 1638 requires local agencies to use data from the American Community Survey or other reliable sources to determine if more than 5% of the people in its jurisdiction speak English less than “very well” and speak a language other than English fluently.
Local agencies will have to ensure that the information provided about emergency response services is the same quality as the information provided to English-speakers. The law requires local agencies to endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that speak English less than “very well”—a term used by the American Community Survey.
Local agencies will be required to reassess their population every five years to ensure that the languages in which it provides emergency response services information is being disseminated appropriately. The Office of Planning and Research will also survey local agencies every three years starting in 2027 to determine how local agencies comply with AB 1638.
AB 1638 was spurred by the mass shooting in Monterey Park, which has many Chinese immigrants and where more than 5% of the people in the City speak English less than “very well” as well as a broken levee in Monterey County that flooded Pajaro, where a large portion of the community only speaks Mixteco.
Print Article