Newsletter

Cultivating Ambassadors: The Town of Mammoth Lakes Path to Success Academy

Renowned for its picturesque beauty and outdoor activities, the Town of Mammoth Lakes excels in cultivating ambassadors within its organization through the Path to Success Academy, which educates new and current staff about the agency’s overall goals and vision.

The Path to Success Academy (PSA) was developed to better onboard new employees. Pam Kobylarz, assistant to the town manager, and Jamie Gray, the town clerk and records manager, realized that during the onboarding process, new employees received a firehose of information but didn’t necessarily understand the bigger picture of the organization, its goals, and how they fit in.

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“The PSA program serves to break down the silos of our organization as employees from different job functions are brought together in a common learning program,” said Town Manager Rob Patterson. “They learn about other aspects of the organization and how their work impacts others.”

Kobylarz and Gray wanted to find a better way to provide orientation for new employees without burdening any one employee or department too much. They met with the town manager and department heads to obtain their buy-in and feedback on the concept. The PSA was born from there, and the work to make the program happen began.

“Initially, it was a heavy lift developing monthly presentations and coordinating with department heads,” said Kobylarz. With their unique administrative perspective, Kobylarz and Gray knew they had to shape the program to align with their vision. They met weekly to develop the presentations for department review and approval. They also scheduled the years’ worth of presentations to avoid departmental busy periods. Kobylarz and Gray estimate that the program took approximately 80 hours to develop during the first year, and the first presentation took place about 3-4 months from the program’s conception.

The PSA became a year-long, once-monthly overview of the town, its services, and operations and even includes a risk management component and a presentation from the Authority. New employees are required to attend the Academy, and current employees are invited to attend sessions based on interest. It also became a forum for new employees to develop relationships with others outside of their department whom they might not normally interact with during the scope of their everyday work.

The program, which launched in January 2023, was a success. One hundred percent of participants surveyed said they had learned something about the town, and new and long-standing employees agreed it was beneficial.

Now in its second year, the PSA is much easier to organize. Presentations are already created and need little editing, and meeting times are scheduled at the beginning of the calendar year. Participants gather during lunchtime on the second Tuesday of each month for a one-and-a-half-hour presentation, with lunch provided.

The exception to the schedule is facility tour day. “We rent a trolley from the Transit Authority and take employees around town. The last time we hosted the tour, it lasted 4.5 hours, and employees could see town facilities, parks, our pool, the airport, our vacant properties, and they received tours of the town’s housing project and police station,” said Kobylarz. “Being able to see our facilities in person helps to give our employees a first-hand understanding of the full scope of the operations and services that we provide to our community.”

The program operates on a rolling basis, allowing participants to easily catch up on missed presentations when they are next offered. Completing the full 12-session Academy earns participants a certificate of completion. For reference, here is the 2023 schedule.

Kobylarz noted Mammoth Lakes’ success with the program and suggested other agencies might benefit, too. “The more our employees grasp the breadth of our work, the more effectively they can communicate it to others. This fosters internal ambassadors who share our major projects and how taxpayer funds are allocated,” said Kobylarz.

Here are her tips for starting a program like the Pathway to Success Academy.

• Gain buy-in from your chief executive and department heads; their support is crucial.
• Centralize the program within the administrative office for oversight by someone with a comprehensive grasp of agency-wide services, projects, and perspectives.
• The project lead should have a broad understanding of departmental activities when designing the presentation agenda.
• Begin by listing topics to cover and schedule them to avoid departmental busy seasons or other potential conflicts.
• Consider pairing departments together to streamline presentations.
• Issue certificates to program completers; recognition is key.
• Consider providing food. Free food always encourages attendance!

The California JPIA prioritizes providing high-quality training opportunities to its members, aiming to enhance operational effectiveness and mitigate potential risks. We commend the Town of Mammoth Lakes for developing a dedicated training program that deepens employees’ understanding of their agency and comprehensive risk management practices.

If you want to learn more about the program, please contact the Town of Mammoth Lakes Assistant to the Town Manager, Pam Kobylarz.

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Connecting for Success: How a Small HR Network is Making a Big Impact in Imperial County

In today’s world, networking is essential for building connections, sharing resources, expanding knowledge, and gaining new perspectives. Recognizing this, human resource professionals in the Imperial Valley organically formed a small networking group.

In 2022, a few months after joining the City of Imperial, Human Resources Manager Kristen Smith attended the Authority’s Human Resources Academy. There, she met Brawley’s City Manager, Tyler Salcido, and they discussed the benefits of a regional training approach for Imperial Valley Authority members. Smith then connected with Brawley’s Human Resources Administrator, Shirley Bonillas, and El Centro’s Human Resources Director, Dulce Bedolla, to collaborate on joint training for Imperial County, sparking the formation of a new network.

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The trio reconnected at the Authority’s 2023 Risk Management Educational Forum in Carlsbad, and soon after a monthly lunch blossomed. They expanded their group to include Calexico’s Human Resources / Risk Management Manager, Denise Garcia. Each month, they rotate hosting duties, sharing stories, tips, and resources within the HR field.

“These lunches have become much more than just information sharing – they’ve fostered genuine friendships,” said Smith. “But the most valuable aspect is the combined expertise we offer. Each of us brings different strengths and knowledge to the table, allowing us to learn from each other and develop a well-rounded knowledge base.”

Although each participant is also a member of the larger Imperial Valley Human Resources Association, they face different challenges than their counterparts in the non-profit and private sectors. The small four-agency network offers a platform for the group to share local government best practices and lessons from their agencies’ operations.

“Mostly it is a group of professionals that bring compassion and experience to the table.  They are a resource I tap into regularly to make sure my thought process is right on,” said Bonillas. “We share a job description or two, a policy here and there, and sometimes it is just a sanity check when it gets crazy in HR.”

For professionals and government agencies, when an employee participates in a networking group, it can be transformative. If you’re wondering how starting a small professional network can help you, Smith provided some insights:

How Can This Benefit You?

This experience is a testament to the power of collaboration. By reaching out and connecting with colleagues, you can build a valuable support system, strengthen your professional development, and gain access to a wider range of knowledge.

Thinking of Starting Your Own Group? Here are Some Tips!

• Identify Your Network: Look for colleagues within your field, perhaps from neighboring cities or organizations within your region.
• Start Small: Begin by connecting with a few individuals who share your interests.
• Find Common Ground: Look for opportunities to collaborate, such as attending trainings or workshops together.
• Schedule Regular Meetings: Establish a regular meeting schedule, whether virtual or in-person, to nurture your network.

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Inside the Authority: Understanding the Insurance Procurement Process

Since the 1970s, it has become increasingly difficult for public agencies to find affordable property insurance coverage. Joint powers insurance authorities (JPIAs) emerged as a way for public agencies to consolidate their resources and expertise and to mitigate rising prices.

The first JPIAs were established in California, the California JPIA being among them. These organizations purchase insurance encapsulating member risk; thus, members don’t have “insurance” with the Authority; the Authority provides “coverage,” which is reinsured by the insurance that the Authority purchases within the procurement process.

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At its core, the California JPIA is dedicated to ensuring that its member cities have comprehensive and reliable insurance coverage. “The insurance procurement process can seem inscrutable, but when it comes down to it, securing coverage is about relationship-building and accurate risk assessment,” said Insurance Programs Manager Jim Thyden.

The California JPIA kicks off the insurance procurement process each year by assembling an underwriting packet containing member data, audited financials, actuarial studies, and significant claim write-ups. After that packet is prepared, insurance brokers present it to different insurance underwriters. The insurance underwriters have done their calculations to determine what they deem to be a fair price for member coverage. Once they compare these calculations, brokers and underwriters negotiate to reach a pricing agreement. The process culminates at the end of the fiscal year, with the final agreements being secured on July 1 and formalized over the subsequent months.

Thyden clarified a vital distinction within the insurance coverage process. “Members don’t have “insurance” with us; they have “coverage.” We are the ones who buy insurance to reinsure the coverage we provide to them.

Cultivating strong relationships with insurance brokers and carriers is central to the California JPIA’s procurement process. “The Authority’s broker partners need to effectively communicate to the insurance underwriters the exposures our members have and how they manage them,” said Thyden.

Establishing reliable lines of open, friendly communication throughout the procurement process is essential. This results in smoother negotiations with insurance companies and brokers and improved member rates. These relationships are pivotal and help the Authority weather the storms of the insurance market. 

Though JPIA participation continues to mitigate coverage costs, prices in the insurance procurement industry fluctuate considerably; in some years, insurance is more readily available, and buyers like the California JPIA have more power—in other years, insurance demand spikes, and sellers have more negotiating sway. This unpredictability is compounded by the rise of “nuclear verdicts”—massive legal settlements that have dramatically increased the cost of claims. “Nuclear verdicts have shifted the insurance procurement landscape,” said Thyden. “A claim that used to cost $10 million might now cost $100 million.” These astronomical figures influence premiums worldwide, affecting every aspect of the insurance procurement process.

The volatility of the risk management industry is compounded by its global interconnectedness. Events around the world have direct consequences for local insurance buyers. “When a disaster happens, insurance companies need to spread their losses,” said Thyden. “A $150 million earthquake in Chile affects insurance buyers worldwide.”

Despite the challenges, the California JPIA is recognized as a leader in the field. “We’re often referred to as the gold standard of public entity pools, both by underwriters and other pools in the industry,” said Thyden.

How Members Can Help Us Navigate the Insurance Procurement Process

Engaging Authority members is critical in securing the best possible insurance terms. “The best thing our members can do is to manage their risks well,” said Thyden. “The fewer losses we have, the easier it is for us to get insurance and the less it will cost.”

Furthermore, timely and accurate information from members is vital. The Annual Underwriting Information Report (AUIR) is a crucial document that the Authority uses to calculate the membership’s collective risk. Bringing accurate numbers to the insurance negotiation table as soon as possible is key to preserving industry relationships and securing favorable coverage. “We need members to fill out the AUIR completely, accurately, and quickly,” said Thyden. “If they do that, we get to the top of the underwriters’ stack quicker, and everything happens more efficiently.”

Securing municipal insurance is a complex, multi-faceted endeavor that relies on solid relationships, a deep understanding of the market, and active engagement from California JPIA members. Despite the volatile nature of the process, it is equally vital and provides financial protection and peace of mind for city officials and residents. By managing local risks and completing the AUIR quickly and accurately, cities can secure their future and focus on serving their communities. 

For more information and assistance with your community’s insurance needs, please contact your regional risk manager.

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Managing Wildfire Risks

By Tim Karcz, Senior Risk Manager

Increasingly destructive wildfires pose significant threats to California JPIA members, including exposure to personnel safety, property loss, and continuity of operations. While summer months heighten the risk due to extended dry, hot, and windy periods, wildfires can occur anytime and without warning. To assist members in understanding and preparing for wildfire exposures, the California JPIA published the Wildfire Risk Management White Paper, available for download on the Authority’s website. The white paper includes an in-depth analysis of wildfire exposures specifically for public agencies, including an array of unique actions your agency can take to better prepare for them.

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The following outlines immediate steps that can be taken to enhance employee safety and minimize property losses from wildfires and related emergencies.

Manage Property Fire Risks and Defensible Space:
California law requires property owners to maintain up to 100 feet around a building as a defensible space buffer. Defensible space is divided into three zones that span from zero to 100 feet, each with measures to reduce landscape fuels and increase ember resistance. Managing plant and hardscape materials in these zones through a site-specific property and vegetation maintenance plan is critical. Use the following steps to help in this process:

• Keep plants watered, trimmed, and pruned. Avoid the accumulation of vegetative debris by removing dead and dying plants that may act as a fuel source.
• Choose hardscapes like gravel, pavers, concrete, and other non-combustible mulch materials.
• Properly label and store flammable liquids, hazardous wastes, and other combustible materials away from the defensible space buffer or inside the facility.
• Control the use of heat-producing equipment, such as gas-powered weed eaters, in high-risk areas and during high-risk times of the day.

To help members manage wildfire threats to personnel and property, the California JPIA partnered with Fireline Defense, LLC, to provide no-cost wildfire risk assessments. These assessments locate and analyze wildfire exposures and offer recommendations to help facilitate targeted mitigation measures.

Protect Ventilation Systems:
Many wildfire-related property losses have involved heating and ventilation system contamination. The following steps can help reduce a wildfire’s impact:

• Install metal screens of 1/8” or finer across vents to block windblown embers from entering.
• Attempt to close attics, crawl spaces, and ventilation ducts in the event of a nearby wildfire to reduce the possibility of fire and smoke traveling throughout the building.
• Conduct regular inspections to ensure they are not damaged or compromised.

Develop an Emergency Plan:
Develop site-specific emergency plans for your agency. Start by discussing wildfire mitigation strategies with local fire authorities, focusing on key variables that impact your agency’s specific exposure. Various resources exist to assist in developing a Wildfire Emergency Plan and are in the resources section below. Specific elements that should be covered in the plan include:

• Conditions that will activate the plan
• Emergency functions and who will perform them
• Evacuation procedures for agency-occupied facilities
• Community evacuation routes
• Provisions for inspecting agency-owned facilities and infrastructure for vulnerabilities
• Provisions for managing property risks, such as maintaining defensible space and hardening infrastructure

Wildfire won’t wait! Act now to prepare, prevent, and minimize the damage of wildfires in your community. Please contact your regional risk manager for more information.

Additional Resources:

California JPIA’s Wildfire Risk Management White Paper: In-depth analysis of wildfire-related risks

On Fire: The Report of the Wildland Fire Mitigation and Management Commission

Cal/OSHA’s Regulation for Protecting Workers from Wildfire Smoke: CCR Title 8, Section 5141.1

California Office of Emergency Services Wildfire Recovery Resources: State-wide wildfire resources

Cal Fire’s Defensible Space Guidelines: Detailed information on managing your defensible space

Ready for Wildfire: Cal Fire’s wildfire resource website

Occupational Safety and Health (OSHA): Wildfire emergency planning resources

Cal/Fire’s Active Incident Archive: Up-to-date information on all statewide active incident

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Resource Update

The following are updates to our resource library, including updates to existing and newly developed resources:

Updated: Contractual Risk Transfer Manual. This resource was updated as follows: 1) under the construction agreement chapter, the products/completed operations sample insurance specification was revised to separate products from completed operations and note different coverage maintenance periods for each; and 2) updated various forms to a PDF fillable format. This resource was made available to members in May.

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Updated: Construction Agreement Template. The update to the manual referenced above was incorporated into the construction agreement template. This resource was made available to members in May.

Resources can be accessed and downloaded via the online library in the resources section of the Authority’s website. Resources available in Word format allow members to customize to agency-specific policies and procedures.

If you have questions, please contact your regional risk manager.

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Public Law Update – Attorney General Issues Opinion Regarding State Of The City Events And Brown Act

By Ephraim S. Margolin, Associate; Burke, Williams & Sorensen, LLP
Originally published on May 7, 2024. Reprinted with permission from Burke, Williams & Sorensen, LLP

The Attorney General issued a formal opinion on April 18, 2024 that State of the City addresses held by private organizations are subject to the Brown Act if a quorum of the City Council attends. While this formal opinion is not binding law on public agencies, the Attorney General Opinion gives important guidance to public agencies on how the Brown Act would likely be interpreted by the courts.

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The Ralph M. Brown Act is California’s open meeting law and requires local agencies to permit members of the public to attend public meetings and comment on the public’s business. The Brown Act prohibits a legislative body from conducting a meeting in a facility where members of the public may not be present without making a payment or purchase or have to provide their name or other information to attend. The Brown Act broadly defines a “meeting” as occurring when (1) a majority of the members of a legislative body gather together at the same time and location; (2) to hear, discuss, deliberate, or take action; (3) on any item that is within the subject matter jurisdiction of the legislative body. There are exceptions to the Brown Act’s requirements for open and public meetings for conferences, community meetings, and purely social or ceremonial events.

At the request of the Ventura City Attorney, the Ventura County District Attorney asked for a formal opinion from the Attorney General after the Mayor of Ventura gave a State of the City address at an annual breakfast held by the Ventura Chamber of Commerce. The Ventura Chamber of Commerce is a private, voluntary association that promotes commercial interests in and around Ventura. Members of the public could attend the event in person, but only if they purchased a ticket from the Chamber of Commerce. There was no other way for the public to watch the address in real time. The District Attorney asked the Attorney General for advice on whether the breakfast would constitute a Brown Act meeting if a majority of the Ventura City Council attended the breakfast.

The Attorney General’s formal opinion is based on the principle enshrined in the California Constitution that the Brown Act should be interpreted liberally. Based off that principle, the Attorney General opined that if a majority of the City Council were to attend the Chamber of Commerce event, it would be a Brown Act meeting because all three elements of what constitutes a meeting would be met. First, the Council members would be gathered in the same place at the same time. Second, the Attorney General stated that a State of the City would involve both hearing—sitting in the audience as the Mayor gave the address—and a broad interpretation of discussing as the Mayor of Ventura is a member of the City Council and the Attorney General relied on a common definition of a “discussion” as meaning the consideration of a question or topic presented by the speaker as opposed to a back-and-forth dialogue. Third, the Attorney General found that the address was in the City Council’s subject matter jurisdiction because the Council had the authority to take action by passing ordinances related to the topics covered in the address.

The Attorney General also considered some of the exceptions to meetings (or non-meetings) identified in the Brown Act. The Attorney General opined that a State of the City address would not qualify for the conference exception to the Brown Act. The conference exception requires the (1) gathering to be open to the public; and (2) involves a discussion of issues of general interest to the public or to public agencies in general. The Attorney General reasoned that the conference exception would not apply because while the State of the City address was open to the public it did not involve an issue that would be of interest outside the City as required by the exception. The Attorney General focused on the fact that a single speech does not meet common definitions of a “conference” where opinions are exchanged between attendees.

The Attorney General also opined that the Chamber of Commerce’s event would not qualify under the community meetings exception because the Chamber’s event required attendees to purchase tickets which restricted attendees to those who were willing and able to pay to attend and the exception requires community meetings to be open to the public without restriction.

Lastly, the Attorney General noted that State of the City addresses do not qualify for the Brown Act exception for purely social or ceremonial events because while a State of the City address does involve a degree of social interaction and ceremony, it also can have a significant effect on a city’s legislative process and, therefore, is not purely social or ceremonial.

Although the Attorney General’s opinion is non-binding it is persuasive in how courts interpret the Brown Act as the Attorney General is the chief law enforcement officer in California. Local public agencies should, therefore, consider whether they are complying with this opinion and the Attorney General’s interpretation of the exceptions to the Brown Act meeting requirements when scheduling State of the City addresses or considering other events where a majority of members of a legislative body are gathering.

Attorneys at Burke regularly advise clients on legal matters related to the Brown Act.

All materials have been prepared for general information purposes only to permit you to learn more about Burke, Williams & Sorensen, LLP, our services, and the experience of our attorneys. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.

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