Issue 149 – July 2024 - California JPIA

Issue 149 – July 2024

Featured Sessions at the California JPIA’s 29^th Annual Risk Management Educational Forum

Registration is open for Risk Management Confidential, the California JPIA’s 29^th Annual Risk Management Educational Forum. The Forum will be held October 9–11, 2024, at the Hyatt Indian Wells.

This year’s keynote speaker, professional drummer Mark Schulman, will deliver a high-energy rock show disguised as a keynote that teaches attendees how to manage performance, energy, and mental ﬁtness with tips from REAL rock stars.

Additional Forum sessions cover managing disruptions at public meetings, complying with Cal/OSHA and SB 553, managing mental health in public safety, and collaborative relationships between elected officials. Other educational opportunities include Dan Chuparkoff discussing how artificial intelligence (AI) is transforming local government and how public agencies can use it to their advantage; John Caruthers will cover insights into navigating the cybersecurity landscape, and discussing potential pitfalls; and Kathy Espinoza will show participants how to find a balance point at the end of each workday so they can focus on life after work—no more “Candy Crush orphans” and neglected spouses.

Registration is restricted to member agency officials and staff and the Authority’s strategic partners. There is no registration fee for California JPIA members.

Visit the Risk Management Educational Forum webpage for more information. To register, you will need your myJPIA login credentials. Please note that your Forum registration does not include hotel accommodations. After registering, you must use your registration confirmation code to book your hotel room.

Responding to First Amendment Audits

By Maria Galvan, Senior Risk Manager

You are preparing a report for an upcoming meeting when a challenging visitor arrives at your facility’s public counter. The visitor records the encounter with their phone and asks questions such as, “What’s your name?” What’s your job title? What are you working on?” while trying to hover over the computer monitor to view what you are drafting. “What’s in that area over there?” they say as they try to open a swinging half door that leads to employee office spaces. What would you do?

Situations such as these continue to take place across the country. First Amendment audits are a social movement made up of individuals interested in making videos of their encounters with public officials, including law enforcement. If the encounter results in an actual or perceived violation of the auditor’s First Amendment or other protected rights, the video will likely be posted on social media and/or serve as the basis for a claim or suit. A violation may occur if the auditor is denied the right to take photos or videos in a public place or is detained for “suspicious” activity or other reasons. Other audit scenarios could occur during public comment periods at governing body meetings. A First Amendment claim may result if the auditor is denied the right to speak on a particular topic during public comment or in a particular fashion.

A First Amendment auditor’s goal is to provoke a response. Auditors believe that the movement promotes transparency and open government. They are testing if their constitutional rights will be upheld. Many post their videos online to make money from video views.

The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. A First Amendment auditor’s focus is to identify the proper or improper response of public employees when in the presence of a camera. No laws prohibit recording activities in a public place; however, this does not include the right to trespass into non-public spaces to take photos/videos or interfere with law enforcement operations. However, it is important to note that it has been established that video recording of police encounters is a form of speech protected by the First Amendment. Fields v. City of Philadelphia stated that “under the First Amendment’s right of access to information, the public has the commensurate right to record—photograph, film, or audio record—police officers conducting official police activity in public areas.”

While it may be uncomfortable for public officials and employees to be recorded, responding diplomatically and respectfully is essential. Public employees should use diplomatic and non-threatening language when interacting with the auditor. If agency employees make inaccurate statements, they will be further challenged and highlighted in the auditor’s video footage.

If an auditor enters your agency’s facility and records the surroundings, greet the person and remain composed. Avoid debating and continue with your duties. Remember to answer basic public information questions such as first name and title. DO NOT record the auditor, argue with them, engage in a physical altercation, detain, or try to confiscate the recording. Contact law enforcement if laws are being broken. The First Amendment auditor may respond by saying they do not need assistance and will continue recording, sometimes leaving shortly after that if they do not get the altercation or response they sought. First Amendment auditors often act provocatively, hoping that employees will shield themselves from view, ask them to stop recording, follow them around, ask for identification, or be recorded by the public employees in return. Such responses to auditors help them gain followers on social media.

The Authority provides the following First Amendment audit guidance for employees and elected and appointed officials:

Ensure staff and elected and appointed officials know fundamental Constitutional law, specifically the freedom of the press, and how that translates to what First Amendment auditors are doing.
Conduct a walk-through of your agency’s public facilities. Ensure that non-public spaces are secured and identified with signage (e.g., “employees only,” “restricted area-authorized personnel only”). Do not wait until a First Amendment auditor visits your facility to identify an area as non-public.
Communicate to employees that First Amendment auditors are prohibited from entering non-public spaces and taking photos/videos where there is a reasonable expectation of privacy.
Advise employees and elected and appointed officials that if they are in a public place, they are subject to being video recorded without consent. The First Amendment auditor is not required to state their name or explain their reason for recording.
If citizens are conducting business regarding private or confidential matters, consider moving this business out of public space.
Cover confidential information in public workspaces.
Know the difference between an audit and surveillance. Auditors are obvious about recording and seek attention. Someone scoping out property operates covertly, tries to go unnoticed, and will likely not engage with people. If you see something, say something. Report suspicious activity to law enforcement. For information on recognizing suspicious activity, visit the Department of Homeland Security’s website.
Communicate the importance of providing consistent customer service to all customers, including First Amendment auditors. If the auditor begins to use profanity or disruptive language, do not respond in kind. Remaining calm and professional is critical. Some employees may need to remove themselves from the situation to contact their manager or supervisor for assistance.
Law enforcement may order individuals to stop activities or actions if they are deemed to be interfering with law enforcement operations.
Communicate to employees and elected and appointed officials about an individual’s right to speak during public comment periods at public meetings, regardless of who they are. The speaker’s subject matter and comments should not be restricted, as doing so could lead to potential First Amendment challenges.

The California JPIA has two new training courses on this topic:

Preparing for First Amendment Auditors: What are They and How Should You Respond? (Duration: 1.5 hours, Instructor: Al Ford)
First Amendment Auditors: Understanding Boundaries in Different Spaces (Duration: 2 hours, Instructor: Al Cobos)

Other supplemental training in this area includes:

Additional customer service e-learning courses are available in myJPIA.

To schedule training, please contact Denise Covell, administrative assistant. If you have questions, please contact your regional risk manager.

2024 Annual Meeting of the Board of Directors

The California JPIA welcomed members to the Authority campus on Wednesday, July 24, for the 2024 Annual Meeting of the Board of Directors. A quorum of delegates representing 80 member agencies attended the meeting. The Board of Directors, the governing body of the California JPIA, consists of one elected official appointed by each of the 126 member agencies, including 100 cities, 19 joint powers authorities, and seven special districts.

“Together with the Executive Committee, the Board of Directors plays a crucial role in ensuring the Authority remains a member-focused organization,” said Chief Executive Officer Alex Smith. “The annual Board of Directors meeting provides an excellent opportunity for members to come together and get the latest information about the Authority’s new programs and initiatives, financial performance, and priorities for the upcoming year.”

Executive Committee President Margaret Finlay, representing the City of Duarte, welcomed delegates to the meeting and extended special greetings to representatives from Foothill Transit, the Authority’s newest member. “I’d like to welcome Foothill Transit to the Authority,” said Finlay. “You’re in good hands.”

Delegates reelected Mary Ann Reiss, City of Pismo Beach, as Executive Committee Vice President. Tom Chavez, City of Temple City; Steve Tye, City of Diamond Bar; Chuong Vo, City of Cerritos; and Mark Waronek, City of Lomita, also were reelected to serve two-year terms as members of the Executive Committee.

Finlay recognized the winners of the 2024 Risk Management Awards. Smith then presented an operational overview and strategic plan, emphasizing coverage programs, member services, risk management resources, and the comprehensive training offerings provided to members. After Smith’s presentation, the meeting was adjourned to the next Board of Directors meeting, Wednesday, July 23, 2025.

Celebrating Excellence: Members Receive 2024 Risk Management Awards

Six members received Risk Management Awards for demonstrating superior risk management practices at the July Board of Directors’ annual meeting.

“Through the California JPIA’s Risk Management Awards, we celebrate and acknowledge members who demonstrate excellence in loss control and workplace safety,” said Chief Executive Officer Alex Smith.

The Authority’s Risk Management Awards recognize members who have demonstrated the best overall performance in the Liability and Workers’ Compensation programs. The winners were:

Liability Program

Mountain Area Regional Transit Authority (Non-Municipal Agencies)
City of La Mirada (Municipal Agencies without Police Exposure)
City of La Verne (Municipal Agencies with Police Exposure)

Workers’ Compensation Program

Rossmoor Community Services District (Non-Municipal Agencies)
City of Camarillo (Municipal Agencies without Public Safety Exposure)
City of Paso Robles (Municipal Agencies with Public Safety Exposure)

A committee of California JPIA staff evaluated various factors that reflect member risk management efforts, including overall claims performance, improvement in claims performance over time, responsiveness to Loss Control Action Plan (LossCAP) recommendations, participation in the Authority’s loss control programs, and attendance at training and academy opportunities.

“Actively engaging with Authority programs and services is an excellent strategy for members to reduce risk exposures and enhance their operations,” said Smith. “We are proud to acknowledge members who demonstrate due diligence and a commitment to risk management best practices.”

Congratulations to the 2024 Risk Management Award Winners!

California JPIA Welcomes New Member, Foothill Transit

The California JPIA is happy to announce the addition of Foothill Transit to the Authority’s Primary Liability and Workers’ Compensation programs, effective July 1, 2024.

“During the prospective member process, it was clear that the leadership and staff of Foothill Transit have a proactive and informed approach to risk management,” said Chief Executive Officer Alex Smith. “We are proud to partner with such an excellent organization.”

Located in the heart of Southern California and established in 1988, Foothill Transit has provided fixed-route bus transit services with minimal litigious risk exposure for over 35 years. The agency is governed by a Joint Powers Authority comprising 22 member cities within the San Gabriel and Pomona valleys and the County of Los Angeles. The governing board is divided into five regional clusters, which elect representatives annually to serve on a five-member Executive Board.

“Joining the California JPIA marks a step forward for Foothill Transit,” said Foothill Transit Chief Executive Officer Doran Barnes. “This partnership aligns with our commitment to excellence and safety and provides us with invaluable resources and support to continue serving our community effectively.”

The agency employs 54 full-time employees, maintains an administrative office, transit centers, two park-and-ride structures, retail space at the Covina transit center, and leases spaces for two transit stores operated by contracted staff. Bus operations and maintenance are contracted to Keolis and TransDev.

“The California JPIA offers many training suites for human resources, management, leadership, and executive development that we fully intend to utilize,” said John Curley, chief of safety and security at Foothill Transit.

Foothill Transit offers services designed to enhance connectivity, including express routes to downtown Los Angeles and local lines connecting neighborhoods throughout the region. Additionally, it was one of the first agencies in the nation to adopt electric buses and is setting new standards for eco-friendly public transport.

“By leveraging the extensive skills and expertise of the California JPIA’s team, we anticipate making important shifts in Foothill Transit policies and procedures, which, in the long term, will even further reduce the agency’s risk exposure,” said Curley. “This is not limited to policy, however, and we’re looking forward to advancing our team’s abilities to prepare for, respond to, and ultimately recover from critical incidents.”

Welcome, Foothill Transit, to the California JPIA!

City of Lomita Celebrates 60^th Anniversary

The California JPIA recognizes the City of Lomita, which celebrates its 60^th Anniversary this year.

A significant development in what would eventually become the City of Lomita began in 1907 when the W. I. Hollingsworth Company purchased a seven-square-mile tract of land to develop. Soon after, roads were built, wells were dug, a school was formed, and early businesses began. An unexpected oil discovery in 1923 transformed Lomita, significantly increasing property values and dedicating much of the land to the oil industry. Some of the original tract of land was also purchased by the Los Angeles Board of Education and annexed by neighboring cities.

By the time Lomita was incorporated in 1964, it was a 1.87-square-mile city. Since then, Lomita has grown into a vibrant community known for its rich history, welcoming residents, and strong community spirit. To commemorate this milestone, the city has organized a series of events that bring the community together in celebration and highlight the city’s unique charm.

“On behalf of my City Council colleagues and our hard-working employees, I thank the California JPIA for their ongoing support,” says Mayor Pro-Tem and JPIA Executive Committee member Mark Waronek. “For the last 60 years, we have made wonderful strides to keep Lomita a safe place to work and play, and it is our commitment to continue to build on those efforts as we look to the future.”

The celebration kicked off with the two-day Founders’ Day Festival on June 29. The festival included live music, food trucks, carnival rides and games, community performances and a local artisan craft market. The event included a fireworks display.

Residents gathered at the Lomita Railroad Museum in early June for a day dedicated to Lomita’s rich history. The event included historical reenactments, guided tours of the Lomita Railroad Museum, and storytelling sessions by local historians. Families enjoyed picnics on the lawn while children participated in old-fashioned games and crafts, giving them a glimpse into the city’s past.

“I have served as Lomita’s regional risk manager for nearly 12 years and enjoy working with city staff,” said Senior Risk Manager Melaina Francis. “Lomita is the cutest little city in the South Bay. City staff and officials are very risk-minded and participate in many of the California JPIA’s programs, training, academies, and annual Risk Management Educational Forum. They contact me whenever they have a risk-related issue or question, and it’s a pleasure to assist them.”

August will feature the National Night Out & Car Show and Summer Concert. Residents can interact with the Lomita Sheriff’s Deputies during National Night Out and enjoy performances from Upstream and 80s All-Starz during the Summer Concert Series.

The 60^th anniversary of Lomita is not just a celebration of the past but also a tribute to the community’s resilience and togetherness. These events have and will provide opportunities for residents to connect, celebrate their shared heritage, and look forward to the future with optimism.

The Authority congratulates the City of Lomita for 60 years of excellence!

RockAbilities: Building an Inclusive Community in Irwindale

Each July marks National Park and Recreation Month. This year’s theme, “Where You Belong,” celebrates how parks and recreation foster community belonging through inclusive programming and essential services for all ages and abilities. To commemorate the month, the California JPIA is spotlighting the City of Irwindale’s RockAbilities program, a shining example of how recreation can foster inclusivity and build community.

RockAbilities’ mission is to create an inclusive environment through recreation-based programs and activities. It serves individuals with intellectual and physical disabilities, ensuring all bodies and minds access enriching recreational experiences.

“I want to thank our recreation team for their foresight and work in creating a safe, inviting, and inclusive atmosphere for all our community members,” said Irwindale City Manager Julian Miranda. “The RockAbilities program represents the best of our Irwindale community and enhances the quality of life and pride within each of us.”

The program was inspired by the increasing number of individuals with additional support needs attending Irwindale’s after-school program. Recognizing the need for training to provide a safe and inclusive environment, staff began seeking opportunities to learn. However, they quickly noticed a broader gap in recreation programs for individuals with disabilities. This led to the launch of RockAbilities in February 2021 with 24 participants. By December 2023, the program had grown to over 150 participants, with staff witnessing firsthand the profound impact of their efforts.

RockAbilities offers a variety of events that encourage socialization and community engagement. From dances and petting zoos to summer Olympics and resource fairs, the program ensures there is something for everyone. Each event is carefully planned to accommodate individuals with disabilities, their families, and staff. Accommodations such as fidget kits, headphones, and break opportunities are provided to all participants. Individualized support is also available to meet specific needs.

During spring break, the city hosted a petting zoo. The event featured animals selected for their suitability for individuals with sensory differences and included a popular RockAbilities Sensory Space. The Irwindale Police Department also participated, engaging with the community and even the reptiles. The event was a resounding success, exemplifying true inclusion and the strength of community collaboration.

The future of RockAbilities looks bright, with growing attendance at each event and consistent participation. Staff plans to expand training to all community service areas within the city, provide tools for frontline workers, and add new trips, classes, and open play gym times for residents. The program’s growth in offerings, awareness, attendance, and impact is a testament to its success and potential.

“As we recognize the 34^th anniversary of the Americans with Disabilities Act being signed into law this month, it is inspiring to see the City of Irwindale’s and staff’s continued commitment to promoting equal opportunity for people with disabilities,” said Senior Risk Manager Maria Galvan.

If your agency is considering building a similar program, the advice is simple: Go for it. With more than 400,000 Californians with intellectual and developmental disabilities, the need is clear. Whether starting small or big, the key is to act and create inclusive environments. It’s not just a win for the community; it’s a win for society.

The RockAbilities program is a brilliant example of how community-driven initiatives can create meaningful change, foster inclusion, and improve the quality of life for all residents. As the program continues to grow, it promises to make an even more significant impact on the City of Irwindale and beyond.

2024–25 Memoranda of Coverage and Program Certificates

Throughout each coverage period, staff continually evaluates the Authority’s Memoranda of Coverage (MOC) 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 22, 2024, the California JPIA Executive Committee approved revisions to the following Memoranda of Coverage:

Memorandum of Coverage—Liability Program

Page 18—Exclusion H: Added the term “excessive pressure” to the exclusion. The consensus of our review was that claims of this nature fall into the proper provision of a utility to paying residents, which is something the Liability MOC is not designed to cover.

Page 19—Exclusion P: We have amended the exception to the exclusion to be limited to claims of bodily injury and property damage. As the exception was previously stated, the area of physical enforcement of an ordinance was too broad and gave rise to the Authority defending many cases that were clearly code enforcement disputes.

Page 21—Exclusion X: We have amended the language in part 2 to include penalties. At the same time, we reconfigured the language to make it read more clearly by using the terms imposition and collection.

Memorandum of Coverage—Workers’ Compensation Program

Page 5: Excludes coverage for injuries from employees who regularly work outside the United States.

There were no substantive changes to the Memorandum of Coverage – Property Program.

Program summaries for the 2024–25 coverage period will be updated and provided to members in the coming weeks.

Your agency’s personalized Memoranda of Coverage and Program Certificates for 2024–25 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, claims and insurance director; Jeff Rush, workers’ compensation program manager; or Jim Thyden, insurance programs manager.

California JPIA Recognizes 10-Year Anniversary for Denise Covell

The California JPIA congratulates Administrative Assistant Denise Covell, who celebrates her milestone 10^th anniversary in July.

“As we celebrate Denise Covell’s 10^th anniversary, we remember how one individual can have such an extraordinary impact on an organization,” said Training Manager Joe Eynon. “Denise is the ultimate professional who exhibits exceptional qualities as a team member, making the Authority’s training program second to none. She is always looking for ways to help others and our members.”

Previously a client service representative with Automatic Data Processing, Covell accepted a temporary assignment at the California JPIA and soon engaged permanently. Collegial co-workers and a nurturing management team drew her in.

“I have the privilege to work with some amazing and talented people,” said Covell. “We work hard together toward a united goal of providing excellent service to our members and their communities.”

Covell assists with projects for the Authority’s training team, including scheduling, planning, customer service, and training academies. Previously, Covell supported the administration department.

“Training is a valuable benefit available to all members,” she said. “Our staff encourage members to utilize that benefit, which is an important step in practicing good risk management for their communities.”

Among Covell’s favorite projects at the California JPIA have been event planning and execution for the Annual Meeting of the Board of Directors and the Risk Management Educational Forum. These projects allow her to set aside her day-to-day responsibilities, work with people in different divisions, see things from a different perspective, and interact with representatives of the Authority’s member agencies.

“People remember how they’re greeted, treated, and made to feel when they come to an event like that,” she said. “We want our members to feel at ease, to enjoy the surroundings, and to know that staff is here to help them.”

As her exposure to the Authority’s various operations has increased, so has her focus on supporting the California JPIA’s members and their communities.

“I’m a huge believer in the importance of excellent customer service,” said Covell. “I feel it starts within our organization with our co-workers and extends to how we work with our members and business partners. Beyond the expected qualities of courtesy, promptness, attention to detail, and listening, I believe that kindness, compassion, respect, and honesty are integral. In today’s world, those qualities have never been more important.”

“Denise’s talent, kindness, and dedication to the Authority’s mission enhance our ability to exceed member expectations,” said Chief Executive Officer Alex Smith. “I want to thank her for her outstanding work in managing logistics and supporting our many training events throughout the state. We are truly fortunate to have her on our team.”

Congratulations, Denise, on your 10-year anniversary!

Post-Grants Pass: New Appellate Ruling about Defense of Necessity and Public Camping Enforcement

By Celina Zambrano, Marketing and Communications Specialist; Civica Law Group, APC
Originally published on July 16, 2024. Reprinted with permission from Civica Law Group, APC.

In the recent Supreme Court ruling in Johnson v. Grants Pass, the Supreme Court of the United States (SCOTUS) ruled that public agencies do not need to provide alternative shelter before enforcing laws on public camping, overnight vehicle camping and personal storage. The Court clarified that the U.S. Constitution’s 8th Amendment, which prohibits cruel and unusual punishment, was inapplicable and not violated by enforcement without alternative available shelter. However, SCOTUS mentioned that the defense of necessity might still be relevant in certain instances, although further detail was not provided in the ruling.

Just a few weeks later, another court case involving a Southern California city, People v. Wood, addressed the defense of necessity in a situation where the city was enforcing its public camping and personal property storage laws through a civil nuisance abatement case, in which they were seeking a court order (injunction) to stop the ongoing violations. The ruling requires a court to consider the defense of necessity when “weighing the equities” in deciding whether to issue such an injunction. This means the court needs to look at whether the person had an unavoidable necessity for breaking the law when the public agency is asking for an injunction. The ruling emphasized that in injunctive relief cases, the court “sits in equity” and must balance the legal interests of both sides, including necessity, in determining whether to issue an injunction concerning public camping-related laws.

Additionally, the court of appeals noted that even though shelter was available for some days, the individual’s specific medical issues and refusal of long-term shelter options had to be considered.

This case highlights that courts must now consider the defense of necessity when deciding whether to issue civil injunctions against homeless individuals.

This ruling does not affect SCOTUS’s ruling in Grants Pass, which was decided on another legal basis and by the nation’s highest court. However, it does highlight that while public agencies can now regulate and enforce their public camping-related ordinances as they determine appropriate within the law, they must be ready to respond to a claim of necessity with facts and evidence. Cities will benefit from updating their policies, procedures and practices to reflect this.

For Authority members who would like to learn more about this, the California JPIA is hosting a webinar on August 1, 2024, from 2:00 to 4:00 p.m. that will include a comprehensive discussion on the recent U.S. Supreme Court ruling in Johnson v. City of Grants Pass. This webinar is only available to Authority members and strategic partners, and attendees will have the opportunity to ask questions.

To register, visit the event website. For questions, contact Maria Galvan, senior risk manager.

Newsletter

Issue 149 – July 2024

NEWS: WORTHY

RE: MEMBERS

COVERAGE MATTERS

PRO: FILES

LEGAL MATTERS