Issue 143 - January 2024
NEWS: WORTHY
2024 Academies and Summits: A Look Ahead
By Michelle Aguayo, Training CoordinatorAnyone who has attended a California JPIA academy in the past knows that the experience is like no other. The Authority has long-standing relationships with speakers who are subject matter experts. These presenters ensure that the content for each academy remains up-to-date and that the personalized presentations are one of a kind. Registration requests for each academy begin two months before the academies’ start date.
This month, in January, the Authority is hosting the Risk Management Academy. In its seventh year, the academy, held from January 23 through 25, 2024, in Indian Wells, is unique as it features the Authority’s senior risk managers as instructors.
The Parks & Recreation Academy will take place in San Diego, February 13–15, 2024. Previous attendees have commented that this academy provides practical information on skateparks, dog parks, participant waivers, special event management, and other topical subject matter that is very helpful to parks and recreation staff. Academy registration is closed, and participants have been notified.
March has two academies scheduled. Due to the overwhelming response to attend the Management Academy in the fall of 2023, a second date was planned for March 2024. Fifty spots are available for the March 5–7, 2024 Management Academy, which will take place in Paso Robles. Registration opened the first week of January.
The Public Safety Academy, first held in August 2023, has been moved to the spring. The 2024 dates are March 12–14. Registration for this academy, which will be held in Paso Robles, opened the week of January 15 with an email sent to members. This academy is exclusively for fire and law enforcement personnel.
The Executive Summit will be held April 9–11, 2024 in San Diego. This event is tailored for tenured agency chief executives and city managers. It provides a forum to discuss experiences and learn from subject matter experts and Authority senior staff.
Held annually, the Human Resources (HR) Academy offers participants with updates on HR policy, laws, and risk management best practices. In 2023, Alexiss Martinez from the City of Carpinteria shared, “This was my first academy, and it was better than expected! Everything was great from beginning to end. Grateful for this training and all the hard work, heart, and dedication that went into this!” The 2024 HR Academy is scheduled for April 23–25 in San Diego.
Scheduled biannually, the Elected Officials Summit will be held May 14–16, 2024 in Huntington Beach. This summit allows seasoned elected officials to network and bring their individual experiences together in one place.
The annual Public Works Academy, specifically for public works managers and supervisors, will be held June 25–27, 2024, in Indian Wells. This academy offers job-specific training, up-to-date information, and a forum to share past experiences among colleagues.
The Leadership Academy, formerly held in the springtime, is now scheduled for August 20–22, 2024, and will be held every other year. This academy was created for tenured supervisors to hear from experts on leading staff, casting a vision, and being stewards of a healthy agency culture.
The second Management Academy of 2024 will be held September 17–19, 2024, in San Diego. Like the offering in March, this occurrence will have 50 available seats and offer the same content.
For more information about the California JPIA academies, please contact Training Coordinator Michelle Aguayo via email or at (562) 467-8777.
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February Workers’ Compensation Webinar – Technological Advances Enhancing the Claims Experience
The California JPIA will host its next Workers’ Compensation Webinar on Thursday, February 15, at 10:00 a.m. Attendees will learn about some of the new technological advances being utilized by Authority partners and how they can help enhance the claims experience.
The first presenter will be Brandon Raper, client success manager with Company Nurse. Company Nurse’s team has leveraged technology’s benefits for many years as part of their nurse triage services. They now provide additional post-injury communication to employees and supervisors, and Brandon will discuss these enhancements and the ability to provide customized messaging.
Raja Sundaram, CEO of Plethy, will discuss his company’s unique method of assisting employees who are participating in physical therapy. Plethy provides an app-based program that helps employees with home exercises as they rehabilitate from an injury. Although these services have been available to some Authority members as part of a pilot program, they will now be available to all members of our workers’ compensation program.
Scott Jones and Andrew Bragg from Lexitas will close out the webinar with an overview of how artificial intelligence is assisting with reviewing medical records. Lexitas’s new Record Insights program is helping our claims team and panel attorneys expedite the review of an employee’s medical records, which sometimes comprise thousands of pages.
We look forward to having you join us on February 15. Register here for the webinar. A recording will be available on the Authority’s website for those who are unavailable to attend the live webinar. For any questions, please contact Jeff Rush, workers’ compensation program manager.
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Under Pressure: Top Ten Mistakes Employers Make in Preventing and Responding to Harassment
At the 2023 California JPIA Risk Management Educational Forum, Employment Practices Manager Kelly Trainer Policky, who manages the Authority’s Employment Hotline, shared the top ten mistakes employers make in preventing and responding to harassment. While the session was not recorded, if you could not attend or would like a refresher, below are the Top Ten Mistakes Employers Make in Preventing and Responding to Harassment.
10. Training Only for Legal Compliance
Beyond the training mandated for supervisors (AB 1825), non-supervisors (SB 1343), and (most) local government officials (AB 1661) — and encouraged for bystanders (SB 1300) — Trainer Policky encouraged members to use training to foster cultural change and enhance empathy. She suggested in-person training tailored to public agencies, small-group roundtables, and training aligned with organizational roles and levels.
9. Poor Policy Drafting
Trainer Policky identified harassment prevention policies, which must comply with the Fair Employment regulations outlined in Cal. Code Regs. Title 2, section 11023(b), as a primary opportunity for improvement. She outlined factors to consider, dated provisions to reassess, and new provisions to add.
8. Ignoring Informal Complaints
As best practices for addressing informal complaints, Trainer Policky encouraged members to educate supervisors on potential issues, provide practical scenarios for guidance, and encourage open communication and immediate action.
7. Not Understanding Intersectionality
In terms of harassment and discrimination, Trainer Policky explained that intersectionality means that there are multiple grounds for discrimination or harassment that operate simultaneously and inseparably, historically called a “sex plus” claim. She recommended educating professionals and investigators to ensure holistic responses to employees’ concerns and incorporating intersectionality into diversity, equity, inclusion, and belonging initiatives.
6. Focusing on the Alleged Harasser’s Intent
“But they didn’t mean to offend…” is a common defense for harassers who did not realize their conduct created a hostile work environment. Trainer Policky encouraged members to shift focus from intent to impact in deference to the reasonable victim standard and to train employees in effective communication and soft skills.
5. Failing to Address Abusive Conduct
Abusive conduct is a problem not only on its own but also as a precursor to workplace harassment and/or violence. Trainer Policky provided guidance on addressing such conduct through education, policies, and procedures.
4. Using Unqualified or Inexperienced Investigators
The California Civil Rights Department’s Harassment Prevention Guide says that investigators should be knowledgeable about laws and policies relating to harassment, investigative techniques relating to questioning witnesses, documenting interviews, and analyzing information. Trainer Policky added that both internal and external investigators should be qualified, independent, and free from bias.
3. Failing to Take Appropriate Corrective Action
Trainer Policky discussed how corrective actions such as training, counseling, discipline, and other responses can help member agencies meet their legal obligations to take reasonable steps to prevent and correct unlawful behavior. She emphasized the importance of identifying the root cause of issues and selecting corrective actions to deter future harassment.
2. Failing to Bring Closure to Involved Parties
Closing investigations—even with a simple message telling the complainant, accused, and witnesses that the investigation has concluded and thanking them for their cooperation—can reinforce organizational communication and transparency. Trainer Policky recommended providing clear, written notifications to all parties involved, addressing the outcome and any corrective actions taken. Following internal policies and MOU/CBA requirements ensures a consistent and fair approach to closure.
1. Failing to Hold Supervisors Accountable
Supervisors play a crucial role in maintaining a positive workplace culture. Trainer Policky noted that employers could empower supervisors to lead by example and contribute to a harassment-free environment by setting clear expectations, providing resources, and promptly addressing concerns.
Please contact your regional risk manager or the Authority’s Employment Hotline for more information.
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California JPIA Kicks Off Year with Employee Off-Duty Cannabis Use Webinar
The California JPIA hosted its first webinar of the year—Keeping Compliant with AB 2188 and SB 700: Employee Off-Duty Cannabis Use—on January 10, 2024. A total of 106 participants attended the webinar, including members, business partners, and Authority staff.
Kelly Trainer Policky, the California JPIA’s employment practices manager, welcomed attendees and provided an overview of the implications of two state bills regarding employee off-duty cannabis use (AB 2188 and SB 700) and their effects on employers.
The presentation covered key topics such as employer limitations on cannabis testing, whether inquiries about prior cannabis use are allowable, necessary modifications to existing agency policies and procedures, and other compliance issues.
The webinar also highlighted several resources, including the Authority’s Employment Hotline, a new Drug- and Alcohol-Free Workplace Policy template, and new reference material for legal concerns with drug and alcohol testing in the public sector.
While the Employment Hotline is not intended to replace the advice of a member agency’s attorney or labor counsel, it provides an extra level of review to ensure that the members and the pool are protected.
The two new digital resources—the Drug- and Alcohol-Free Workplace Policy template and Drug and Alcohol Testing Public Sector reference material—are available to the Authority’s members through the library section of the Authority’s website.
The Authority also provides various training resources that cover topics such as substance abuse prevention, drug and alcohol abuse management, and recognizing signs of impairment.
For more information about this webinar or if you have ideas for future webinar topics, please contact Abraham Han, senior risk manager.
Print ArticleRE: MEMBERS
Aliso Viejo Takes Proactive Cybersecurity Measures
As cyber threats evolve, the importance of proactive cybersecurity initiatives increases. The California JPIA commends the City of Aliso Viejo for prioritizing cybersecurity preparedness with its recent Cyber Attack Tabletop Exercise. This exercise is the first in which the Authority and Insurance Programs Manager Jim Thyden have participated with a member agency.
The tabletop exercise, organized by the City of Aliso Viejo, was a strategic simulation of a ransomware attack and brought together department heads, information technology staff, and partner agencies. For two hours, tabletop participants ran through—in real time—the various protocols, processes, and communication channels required to respond to the model scenario.
“Our goal with the tabletop exercise was to nail down the internal and external communication protocols,” said Aliso Viejo Senior Emergency Management Program Coordinator Sarah Limones. “As a contract city, Aliso Viejo contracts many of its services to different entities. We wanted to bring those partners together to ensure our cyber-attack response was well-coordinated and effective.”
The exercise drew out the complexities of a municipal cyber-attack response and the various inter- and intra-agency coordination. Participants transcended a technical discussion to focus on higher-level decision-making and strategies, which resulted in an improved and streamlined response plan. During the simulation, discussions ranged from public information management to continuing city services to financial and legal implications.
In addition to Aliso Viejo staff, the tabletop exercise engaged Orange County Sheriff’s Department members, the Orange County Intelligence Assessment Center, and even the Department of Homeland Security.
Currently, all Authority members receive cyber coverage through the liability program. During the exercise, Thyden shared resources, recommendations, and processes to consider from a risk management perspective.
“Jim provided a wealth of knowledge and shared resources that we had no idea the California JPIA offered its member agencies,” said Limones. “That was a big lesson: That the city doesn’t have to do all of it on our own. The California JPIA has a lot of resources for us.”
Thyden applauded Aliso Viejo for coordinating the Cyber Attack Tabletop Exercise, which left the city and its agency partners better prepared for a future cyber threat.
“A tabletop exercise is immensely valuable because it is the only way to properly prepare for a scenario that has not happened but could happen,” said Thyden. “With the right assembled team and the right tabletop exercise, cities like Aliso Viejo can dramatically improve their cybersecurity preparedness.”
For more information about the for member agencies, please contact your regional risk manager.
Print ArticleRISK SOLUTIONS
OSHA Form 300A Posting Requirement
By Tim Karcz, Senior Risk ManagerThe Occupational Safety and Health Administration (OSHA) and Cal/OSHA require employers to use Cal/OSHA Form 300 to classify work-related injuries and illnesses and note each case’s extent and severity. The summary form, Cal/OSHA Form 300A, shows the totals for the year in each category. Cal/OSHA requires Form 300A to be posted between February 1 and April 30, 2024. Form 300A summarizes the total number of job-related injuries and illnesses at your agency in 2023 and were logged on Cal/OSHA Form 300. The form must be posted where employee notices are usually found and must not be altered, defaced, or obscured during the posting period. A copy of Form 300A must also be available to employees who do not regularly report to any fixed establishment. At the end of the three-month posting period, Form 300A should be kept on file for five years. If any newly discovered, recordable incidents or changes in classification are noted, the log should be updated.
Employers must record any new work-related injury or illness if it results in days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, significant injury or illness as diagnosed by a physician or other licensed healthcare professional, or death. Employers must record any incidents that aggravate a prior injury. Cal/OSHA has published a Brief Guide to Recordkeeping Requirements.
OSHA has strict requirements for protecting the privacy of injured and ill employees. An employer shall not record the employee’s name on the OSHA 300 log for certain “privacy concern cases.” Instead, “privacy case” shall be entered in the space reserved for the employee’s name. OSHA defines a privacy concern case as an injury or illness to an intimate body part or the reproductive system; an injury or illness resulting from a sexual assault; mental illnesses; HIV infection, hepatitis, or tuberculosis; needle stick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material; and other illnesses if the employee voluntarily requests that their name not be entered on the log. The Authority recommends that all cases reference “privacy case” in the employee’s name fields, not just in privacy concern cases defined by OSHA.
Members participating in the Authority’s workers’ compensation program will receive an email from Athens, including a partially completed Form 300A with instructions for completing and posting the form. Members should follow the instructions and post a copy of the completed form by February 1, 2024. Forms 300 and 300A can also be obtained from the Cal/OSHA website.
For more information, please contact your regional risk manager.
Print ArticlePRO: FILES
California JPIA Promotes Alex Mellor to Risk Services Director
The California JPIA has promoted Alex Mellor from senior risk manager to risk services director.
“Mr. Mellor has successfully provided high-quality risk management support to members for 11 years,” said California JPIA Chief Executive Officer Alex Smith, expressing his appreciation for Mellor’s contributions. “His approachable nature, sincerity, and kindness are unmistakable and will become increasingly more valuable to the whole organization as he takes on greater responsibility.”
In his new role, Mellor will lead the California JPIA’s risk management services, managing and supporting the senior risk managers and overseeing the performance of risk assessments, evaluation of municipal operations, development of action plans for exposure reduction, and communication regarding programs, services, claims, and training opportunities.
“I intend to align the Authority’s risk management initiatives with member goals,” said Mellor, who seeks to raise the bar for member service. “The risk management team’s goals are to be responsive and partner with members to help solve complex risk management issues while being considerate of non-risk management factors that may impact decision-making.”
As a senior risk manager, Mellor served the Authority’s members in Imperial, Riverside, and San Diego counties. “This transition won’t affect the excellent service and support our members expect from the California JPIA,” said Mellor. “I intend to work closely with my replacement to ensure a seamless transition.”
Mellor joined the Authority as a regional risk manager in 2012 from RehabWest, a workers’ compensation managed care company. He holds a Bachelor of Arts degree in law and society from the University of California, Santa Barbara. He is a credentialed Associate in Risk Management and Certified Ergonomic Assessment Specialist. He chairs the Public Agency Risk Management Association’s San Diego/Imperial Valley Chapter and serves as a member of its conference planning committee.
“With the Executive Committee’s support, the Authority’s executive management team has developed an organizational culture emphasizing excellence, innovation, teamwork, and integrity,” said Mellor. “I am excited about what the future holds as we continue to partner with members to ensure the communities they serve have the necessary resources to provide critical public services.”
Congratulations, Alex, on your promotion!
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California JPIA Staff Members Receive Service Awards
The California JPIA congratulates eight staff members who celebrated milestone anniversaries in 2023: Senior Accountant Grazyna Buchowiecki and Business Projects Manager Carl Sandstrom, each with 20 years of service; Training Coordinator Michelle Aguayo and Claims and Insurance Director Paul Zeglovitch, both with 15 years of service; Senior Risk Manager Melaina Francis and Senior Risk Manager Maria Galvan, each with ten years of service; and Senior Risk Manager Tim Karcz and Agency Clerk Veronica Ruiz, both with five years of service.
“At the Authority, we take pride in creating an environment where every staff member feels valued and appreciated. We acknowledge and actively celebrate the impactful contributions of our colleagues, recognizing the positive difference they make for our members,” said Chief Executive Officer Alex Smith. “The fact that eight of our staff are commemorating more than five years of service is a testament to the strength of our organizational culture.”
Buchowiecki maintains accounting data in the general ledger, runs payroll, and provides accounting support to the California JPIA’s finance director. Sandstrom oversees all technological aspects of the Authority, expanding the learning management platform and the functionality of the risk management information system. Aguayo guides member agencies in shaping their training plans and oversees the coordination of the multi-day training academies. Zeglovitch manages the Authority’s employment assistance and intervention program and leads the claims and insurance team. As Senior Risk Managers, Francis, Galvan, and Karcz assist California JPIA public agency members in their regions with risk management efforts in public safety, contractual risk transfer, regulatory compliance, and employment practices liability. Ruiz maintains records and provides administrative support to the Authority’s governing bodies.
“The commitment that Grazyna, Carl, Michelle, Paul, Melaina, Maria, Tim, and Veronica have shown to the Authority and our members has been instrumental in our collective success,” said Smith. “I’m grateful for their many valuable contributions over the years.”
The California JPIA’s Executive Committee recognized Buchowiecki, Sandstrom, Aguayo, Zeglovitch, Francis, Galvan, Karcz, and Ruiz with special service awards during its December 13, 2023, meeting.
“The California JPIA stands as a leader among insurance pools, a testament to the unwavering efforts of its loyal staff,” said Executive Committee President Margaret Finlay. “The Executive Committee and Board of Directors congratulate each for a job well done.”
Congratulations, Grazyna, Carl, Michelle, Paul, Melaina, Maria, Tim, and Veronica, and thank you for your continued hard work!
Print ArticleLEGAL MATTERS
AB 1637 – Local Government: Internet Websites and Email Addresses
By Alexandra Mulhall, Associate; and Chad W. Herrington, Partner; Burke, Williams & Sorensen, LLP
Originally published on December 5, 2023. Reprinted with permission from Burke, Williams & Sorensen, LLP..
On October 8, 2023, Governor Gavin Newsom signed Assembly Bill (“AB”) 1637 into law. AB 1637 requires all cities and counties, including charter cities, to transition all public-facing websites, employee websites, and employee email addresses to a “.gov” or “.ca.gov” domain. Special districts are not required to comply with AB 1637.
Local agencies are required to make these changes by no later than January 1, 2029. If a city or county does not have a compliant website by the deadline, then the legislation provides that the agency must redirect their existing website to a website with a proper domain name, ending in “.gov” or “.ca.gov.” The bill does not include a similar provision with regard to noncompliant employee email addresses.
AB 1637 clarifies that California’s local agencies qualify for both a “.gov” and a “.ca.gov” domain without paying any fee. AB 1637 further provides that if the Commission on State Mandates determines that the requirements of AB 1637 contain costs mandated by the state, that reimbursement will be made available to local agencies through the state mandate process.
The bill text states that the transition to “.gov” and “.ca.gov” domains will both improve cybersecurity and aid users in recognizing when they are accessing an official governmental resource.
Cities and counties can find information on changing their website domain at https://domainnamerequest.cdt.ca.gov/.
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