Newsletter

California JPIA Selects 2024 Capstone Award Finalists

The California JPIA has selected four 2024 Capstone Award finalists for recognition at the 29th Annual Risk Management Educational Forum, October 9–11, at the Hyatt Indian Wells. The Authority presents the Capstone Award annually to an individual whose efforts promote risk management and minimize workplace exposure.

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Congratulations to this year’s finalists!

• Alexa Davis, Assistant City Manager, City of Rolling Hills Estates
• Dorna Farhadi, Human Resources Manager, City of Laguna Niguel
• Manuel Enriquez, Parks and Recreation Director, City of Duarte
• Mary Kingman, District Arborist, Rossmoor Community Services District

Nominated by colleagues from across the Authority’s member agencies, each finalist exemplifies the following criteria:

• Works to support or improve risk management within their agency
• Influences others in developing or maintaining positive risk management efforts in the work environment
• Coordinates support systems that serve the member’s risk management goals and needs
• Exhibits positive risk management

The California JPIA will honor one of these finalists as the Capstone Award recipient during a ceremony at the Forum on Thursday, October 10, 2024.

One Size Rarely Fits All: Proper Use of Sample Policies

Imagine this: Your employee consistently borrows agency office supplies and other equipment for personal use and to manage an online business. You want to fire her for this misuse of agency property. Still, your attorney has raised concerns about the chances of success at the disciplinary appeal because you do not have a policy or rule prohibiting personal use of agency equipment. Or you may have an employee who has taken to social media to complain about the agency. Yet, you have not drafted a policy about this, so Human Resources and the supervisor are unsure what they can or cannot do. Or maybe you have an employee you think is misusing agency computers, but your attorney has raised concerns about your ability to lawfully search his computer because you don’t have a policy expressly reserving the right to search and limiting an employee’s expectation of privacy.

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These are a few common issues that can result from not having a policy in place. Clear, up-to-date policies and rules are a risk management best practice and foundational to good governance. Employees generally respond well when knowing what is expected of them. Having clear rules and policies makes daily operations easier because supervisors have guidance about handling issues when they arise. Having a policy in place is helpful in disciplinary appeals because it can be critical evidence in establishing that the employee was aware that the conduct was prohibited. Policies can also generally establish the overall fairness of an employer’s action and can be a crucial part of a defense to any number of claims in litigation.

As crucial as policies are, employers often lack them or have outdated or incorrect versions. Even when an employer decides to create or update policies, the task can be daunting. Few people enjoy writing a new policy from scratch. Most would rather have a “starting place.” This starting place often comes in the form of a “sample policy” found in a Google search or from a policy borrowed from a colleague at another agency. The starting place can also come from professional organizations such as the Society for Human Resource Management (SHRM), ADP, the Chamber of Commerce, Lexipol, or even the California JPIA. Such policies are often well-researched, well-written, and legally compliant. However, while these policies can provide an excellent starting point for drafting, all too often, the drafter takes the policy, changes the names and titles, and voilà—a policy has been born! Yet, using another’s policy can be a trap for the unwary. Here are some essential tips for good policy drafting.

It’s a Starting Point, Not an Ending Point
Using a sample policy, even one provided by a reputable professional organization does not alleviate the agency’s responsibility for its content. The drafter needs to critically examine every term and provision of the policy and be prepared to justify including them or not. If a policy is criticized or questioned in a future administrative hearing or litigation, there is no defense for borrowing a policy from another agency.

Never Assume the Policy is Legally Compliant for Your Agency
California employment law is complicated, especially for public agencies. A policy drafted for a private employer might involve different legal considerations than a policy for a public employer. For example, public employers must contend with federal constitutional issues when drafting a drug-free workplace or social media policy that private employers do not have to consider. In addition, different types of public agencies have different laws that apply to them. For example, school districts have a unique statutory scheme of leave laws that do not apply to other public agencies. Charter cities are exempted from laws that are not a matter of statewide concern or infringe upon their constitutional authority.

The size of your agency can impact the legality of the sample policy. Certainly, several laws are triggered once an agency employs a certain number of employees. In addition, “reasonable” compliance with laws can also differ depending on the agency’s size.

Further, labor and employment laws are constantly changing. It is always important to confirm that the relevant laws have stayed the same since the drafting of the sample policy. For example, the California Family Rights Act (CFRA) was recently amended to permit eligible employees to take CFRA leave to care for additional family members and a “designated person,” yet many employers have not updated their family medical leave policies to comply with these changes.

Lastly, it is always important to remember that you can never guarantee that some random policy found during an internet search is legally compliant.

Remember that Your Agency Has Its Own Rules
Any time an agency uses a sample policy, the drafter must take the time to consider the impact this policy has on the larger structure of the organization. The person who initially drafted that sample policy did not consider whether your agency’s personnel rules contradict with the definition of “workweek” used in the sample policy. The policy drafter must evaluate what other departmental or agency-wide policies, labor contracts, resolutions, and ordinances exist and ensure the new policy fits in the system appropriately. Failure to consider this issue can create complex conflicts in the agency’s policies and procedures. For example, if a police department adopts a policy that provides that an officer will have a pre-disciplinary Skelly meeting with the Assistant Police Chief, but the city’s personnel rules state that all employees have a right to a pre-disciplinary Skelly meeting with the Assistant City Manager, what due process should the employee have? Resolving this question can be complicated and often gives rise to challenges by an employee or labor union.

Remember that Your Agency Has Its Own Practices
A policy is only as strong as the people who enforce it. If, for example, a sample policy has a fantastic performance evaluation procedure, it is only valuable if an agency has sufficient staff or resources to implement it as intended. In addition to confirming that a policy conforms with the other rules and policies of the agency, a policy drafter needs to verify that the procedures required by that policy can and will be followed and that it does not improperly impact other practices. For example, if an agency borrows from a harassment prevention policy that has a very detailed procedure in place for the employer’s response to a complaint of harassment, and the agency is not able to meet that procedure due to limited staffing, the failure to follow the harassment policy could be used as evidence that an employer failed to respond to a complaint of harassment adequately.

Review and Revise
Revisit rules, policies, and employee handbooks periodically. Update policies that have changed (make sure you communicate the changes to employees) and consider other changes to address issues that have come up. If you update a policy and do not update the handbook, you are inviting potential legal problems and confusion over what the actual policy or procedure is. In addition, periodic review of policies makes the review easier to undertake. The more outdated a policy is, the longer the review and revision will take.

Meet Your Labor Obligations
If a labor organization represents your agency’s employees, there is a very strong likelihood that employment-related policies will fall within the scope of bargaining under the various California bargaining statutes. As such, employers must follow the procedural statutory steps with the labor organization before implementing a new policy. When in doubt, contact your labor attorney.

Educate Your Employees
The importance of training and educating employees cannot be overstated. Any time a new policy is implemented, the agency should always consider the best way to introduce it to the workplace. Is formal training necessary? Can you explain it with an email summary? Can you create a brief webinar? Should you give talking points to supervisors when introducing the new policy? Should you require a signed acknowledgment of receipt and an opportunity to review? Think through and plan the implementation process.

Talk to Human Resources (and Maybe Even an Attorney)
Any time a supervisor writes a new personnel policy, involving the agency’s human resources staff is vital to obtain input and resolve any potential concerns early on. Human resources will often be able to assist with the issues identified above. Also, depending on the policy, including the agency’s legal counsel in the drafting or at least the final review is usually important.

California JPIA Launches Cybersecurity Assessment Services for Member Agencies

After a successful pilot program, the Authority is pleased to announce the official rollout of expanded cybersecurity services available to all members. Following a competitive bid process that generated proposals from 12 potential vendors, two finalists were selected to participate in a pilot that provided cybersecurity assessment services to six members. Triden Group was selected as the successful bidder based on overwhelmingly positive feedback.

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Feedback from member agencies involved in the pilot program included the following:

• The City of Chino Hills appreciated Triden’s responsiveness and the overall thoroughness of the final product, emphasizing that the project met the promised timelines and investment levels.
• The City of El Centro noted Triden’s exceptional communication and responsiveness. All deliverables met the agreed-upon timelines and quality expectations.
• The City of Commerce remarked on the extraordinary quality of work and the proactive communication from Triden, stating that the final product met and exceeded their expectations.

Business Value Delivered

All six participating member agencies reported substantial business value from the services. For instance, the City of Commerce expressed complete satisfaction with the business value delivered, noting that the insights provided by the assessments were instrumental in shaping their cybersecurity strategies.

We greatly value the participation and feedback of our member agencies during the pilot program. Their insights were essential in developing services tailored to meet our members’ specific needs.

Triden Group is based in Southern California and provides tailored, comprehensive cybersecurity solutions to address organizational challenges and achieve optimal outcomes. Triden leverages its repertoire of skills, software, and services to construct solutions to protect data, assets, and operations.

Members can now access cybersecurity assessment services provided by Triden. These services are fully funded by the Authority and include the following:

1. Cybersecurity Maturity Assessment: This evaluation uses the National Institutes of Standards and Technology (NIST) Cybersecurity Framework (CSF) to evaluate member security controls and identify opportunities for improvement.
2. Internal and External Vulnerability Scans: This scan detects vulnerabilities in member internal networks and public-facing assets and identifies opportunities for improvement.

The Authority has also negotiated preferred pricing and executed a Master Services Agreement (MSA) with Triden. Members can leverage the MSA (at their own cost) to engage Triden to perform cybersecurity services. Typical services include penetration testing, training, incident response tabletop exercises, implementation of cybersecurity improvements, and repeat cyber assessments.

To access these services or for more information, please contact your assigned regional risk manager.

The Authority also offers the following cybersecurity services to members:

KnowBe4

The Authority has negotiated preferred pricing for member access to KnowBe4’s security awareness training and phishing simulation platform. Key features include comprehensive training modules, unlimited phishing security tests, customizable email templates, and real-time security coaching. Members can obtain a quote using this link.

Eagle Eye

The cyber risk management platform includes a checklist to help avoid common security errors, an external website assessment tool, and a cybersecurity improvement progress tracker. It is designed to enhance member cyber resilience by offering detailed resources and support.

eRiskHub

eRiskHub is an online portal offering a suite of cyber risk management tools, including resources for incident response planning, cybersecurity training, and various cyber policy templates. This platform is designed to help members improve their cybersecurity posture and effectively manage cyber risks.

With the launch of these enhanced cybersecurity services, the Authority continues to support members in safeguarding their digital environments. Members are encouraged to contact their regional risk manager for additional information and guidance on how to access Eagle Eye and eRiskHub.

Cal/OSHA’s New Indoor Heat Illness Prevention Standard

On June 20, 2024, the Occupational Safety and Health Standards Board approved California Code of Regulations, Title 8, Section 3396, Heat Illness Prevention in Indoor Places of Employment. This standard applies to most workplaces where the indoor temperature reaches 82°F and establishes required safety measures to prevent worker exposure to the risk of heat illness. It went into effect on July 23, 2024.

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Indoor places of employment are spaces under a ceiling or overhead covering that restricts airflow and are enclosed along the entire perimeter by walls, doors, windows, dividers, or other physical barriers that restrict airflow, whether open or closed. Generally, any workplace with a roof and enclosed sides is considered an indoor workplace.

While this standard was designed for indoor workers performing manual labor, such as manufacturing, shipping, and construction, it may apply if your facilities’ air conditioning systems malfunction during extreme heat or in other indoor workplaces, including but not limited to fleet garages, public works warehouses, park ranger stations, modular trailers, wastewater treatment plants, and storage facilities.

Work areas not indoors are considered outdoors and covered by California Code of Regulations Title 8, Section 3395, Heat Illness Prevention in Outdoor Places of Employment. Indoor place of employment does not refer to a shaded area that is used exclusively as a source of shade and cooling for workers working in hot outdoor environments. Partial structures such as lean-tos and structures with one or more open sides are outdoor workplaces.

The indoor heat illness prevention standard does not apply to:

• Prisons, local detention facilities, and juvenile facilities.
• Places of employment where workers are teleworking that are not under the employer’s control.
• Emergency operations that are directly involved in protecting life or property.
• Incidental heat exposures where a worker is exposed to temperatures at or above 82 degrees Fahrenheit and below 95 degrees Fahrenheit for less than 15 minutes in any 60-minute period. This exception does not apply to:
  • Vehicles without effective and functioning air conditioning.
  • Shipping or intermodal containers during loading, unloading, or related work.

Requirements of the indoor heat illness prevention standard include:

• Provide Clean Drinking Water
  Provide access to potable water that is fresh, suitably cool, free of charge, and located as close as possible to work areas and cool-down areas.

• Access to Cool-Down Areas
  For indoor workplaces, provide access to at least one cool-down area that must be kept at a temperature below 82°F. Cool-down areas must be blocked from direct sunlight, large enough to accommodate the number of workers on rest breaks so they can sit comfortably without touching each other, and as close as possible to the work areas.For indoor workplaces, the cool-down areas must be kept at less than 82°F and shielded from other high-radiant heat sources.

• Cool-Down Rest Periods
  Encourage workers to take preventative cool-down rest periods. Allow workers who ask for a cool-down rest period to take one. Monitor workers taking such rest periods for symptoms of heat-related illness. 

• Assessment and Control Measures
  Measure the temperature and heat index and record whichever is greater whenever the temperature or heat index reaches 87°F (or temperature reaches 82°F for workers working in clothing that restricts heat removal or high-radiant-heat areas). Implement control measures to keep workers safe. Feasible engineering controls must be implemented first.

• Monitoring the Weather
  For indoor workplaces that are affected by outdoor temperatures, train supervisors on how to check weather reports and how to respond to hot weather advisories.

• Emergency Response Procedures
  Provide first aid or emergency response to workers showing signs or symptoms of heat illness, including contacting emergency medical services.

• Acclimatization
  Closely observe new workers and newly assigned workers working in hot areas during a 14-day acclimatization period and all workers working during a heat wave.

• Training
  Employers must provide training to both workers and supervisors.

• Heat Illness Prevention Plan
  Establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that includes procedures for providing drinking water, cool-down areas, preventative rest periods, close observation during acclimatization, assessment and measurement of heat, training, prompt emergency response, and feasible control measures.

Educational materials and resources are available on the Cal/OSHA Heat Illness Prevention Guidance and Resources webpage. New webpages, educational materials, and resources include:

1. Cal/OSHA Heat Illness Prevention Guidance and Resources webpage with a side-by-side comparison of the two heat standards
2. Indoor Heat Illness Prevention webpage
3. Indoor Heat Illness Prevention Educational Materials and Other Resources webpage
4. Frequently Asked Questions Related to Indoor Heat Illness Prevention
5. Heat Illness Prevention in Indoor Workplace – Information for Employers
6. Heat Illness Prevention in Indoor Workplaces – Information for Workers

Updated webpages, educational materials, and resources include:

1. Outdoor Heat Illness Prevention Educational Materials and Other Resources webpage
2. Frequently Asked Questions Related to Outdoor Heat Illness Prevention

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

National Preparedness Month

National Preparedness Month, observed every September since 2004, is a Federal Emergency Management Agency (FEMA)-led initiative to encourage individuals, families, and communities to be ready for disasters and emergencies. The annual event emphasizes the importance of being informed about potential risks, creating an emergency plan, building a disaster kit, and getting involved in community preparedness efforts. By fostering awareness and encouraging proactive measures, the initiative aims to reduce the impact of unforeseen events and build more resilient communities. More information on this awareness campaign can be found on the U.S. Government’s National Preparedness Month | Ready.gov website.

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By taking advantage of available resources, including those offered by the California JPIA, members can prepare in the following ways:

1. Training: Emergency Preparedness, Earthquake Preparedness, Fire Prevention, CPR, and First Aid Training can mean the difference between life and death in an emergency. In-person and online training information is available by visiting myJPIA. Members should be aware that in the event of a disaster, completion of specific training may be required to qualify for FEMA funds. The Emergency Management Institute (EMI) offers self-paced courses designed for those with emergency management responsibilities and the public in general. All are provided free of charge to those who qualify for enrollment. For a complete listing of courses, visit the FEMA training page.
2. Inspect for Safety: Inspect agency-owned facilities for emergency-related exposures, including clear evacuation routes, storage practices, securing furniture or other large objects from falling, proper lighting, and emergency supplies. Visit the California JPIA’s online resource library for various inspection checklists.
3. Develop Emergency Action and Fire Prevention Plans: Cal/OSHA-compliant programs should be in writing and cover the actions employers and employees must take to ensure employee safety in all emergencies. Elements of the plan include the following:
   a) Emergency escape procedures and emergency escape route assignments;
   b) Procedures to be followed by employees who remain in their positions to operate critical operations before they evacuate;
   c) Procedures to account for all employees after evacuation has been completed;
   d) Rescue and medical duties for those employees who can perform them;
   e) The preferred means of reporting fires and other emergencies;
   f) Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan;
   g) An employee alarm system that complies with Article 165 of Cal/OSHA’s Fire Protection Regulations;
   h) The types of evacuations to be used in emergency circumstances; and
   i) Training

Download an Emergency Action Plan template from the California JPIA’s online resource library.

4. Evaluate Applicable Insurance Coverages: Evaluate your agency’s coverage for emergency-related perils. The California JPIA’s property program includes all-risk coverage for real and personal property, with the option of adding earthquake and flood coverage for damages or loss of use due to these perils. Additional information can be found on the Authority’s insured programs page.

In addition to what is offered by the California JPIA, various resources are available from the Ready Campaign and the California Office of Emergency Services.

If you have any questions or need additional information or resources, please contact your regional risk manager.

Authority Webinar: Homelessness Response After Grants Pass

On August 1, 2024, the California JPIA hosted a webinar regarding the U.S. Supreme Court’s recent ruling in Johnson v. City of Grants Pass. This ruling changed how public agencies can enforce ordinances relating to homeless camping, personal property storage, and overnight vehicle camping. Public agencies that complied with the 9^th Circuit’s ruling in Martin v. City of Boise now have regulatory and enforcement options to consider.

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During the webinar, Matt Silver, with Civica Law, provided an overview of the prior ruling in Martin v. City of Boise and the roadmap to the current ruling. Code enforcement approaches to public camping include informing unhoused individuals of services and resources, hosting public education workshops, and conducting outreach. Other approaches include administrative, civil, and criminal enforcement, which are ordinance and state law dependent. For criminal enforcement, agencies contracting for law enforcement services should be aware of contracted sheriff department policies and county policies regarding jail processing for ordinances.

Members are advised to:

• Review existing ordinances for potential amendments
• Review policies and procedures on enforcement, how enforcement will take place, and addressing confiscation of property
• Record and maintain evidence
• Provide periodic training to review enforcement procedures
• Utilize available judicial resources

It’s important to note that code enforcement powers are limited to current ordinances in effect. Members are advised to work with legal counsel when updating their ordinances, policies, and procedures. If you have questions, please contact your regional risk manager.

2024 Workers’ Compensation Symposium Review

The California JPIA hosted its 16^th Annual Workers’ Compensation Symposium on Thursday, August 15. Event attendees included Authority member agencies, the workers’ compensation claims team at Athens Administrators, and many of the Authority’s panel attorneys. As in prior years, attendees learned about topics relevant to their agencies’ workers’ compensation programs.

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The symposium began with a presentation from Leann Farlander, Athens’ Managed Care’s assistant vice president of managed care. She introduced the Authority’s new “Utilization Preview” program and detailed the process. Senior Workforce Health Consultant Joan Salemme joined Dr. Taha Ahmad from Kaiser-on-the-Job for a presentation on “Supporting Mental Health in the Workplace.” They addressed the topic of burnout and how employers can help employees combat this persistent challenge. The California Workers’ Compensation Institute’s (CWCI) Chief Operating Officer Gideon Baum shared his extensive experience working at the State Capitol and provided an update regarding 2024 workers’ compensation legislation. Division Claims Manager Kevin Fritzsche from Athens Administrators gave attendees an update on some of the technological advances his company has implemented to assist injured workers and employers with the claims process.

The afternoon began with Giovanni Valencia and Catherine McWhorter, two longtime members of the Authority’s workers’ compensation defense panel, sharing some insights from recent case law. The program closed out with an informative presentation from San Bernardino Deputy District Attorney Michael Chiriatti, who addressed workers’ compensation fraud. He outlined the pertinent laws, the elements necessary to prove a fraud claim, and how claims administrators and investigative teams can properly submit claims for a District Attorney’s review.

If you have any topics you would like to be considered for next year’s Symposium, please contact Jeff Rush, workers’ compensation program manager.

California JPIA Renews Sponsorship of California City Management Foundation

The California JPIA is pleased to announce that it has renewed its sponsorship of the California City Management Foundation (CCMF) for the 17th consecutive year. This continued partnership underscores the Authority’s commitment to supporting excellence in city management throughout California.

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As the premier advocacy and support organization for city managers, CCMF promotes and encourages excellence in city management in all 483 incorporated municipalities in California. The California JPIA shares CCMF’s dedication to advocating healthy council-manager relations and supporting city managers to ensure thriving communities.

“Sponsorship from organizations like California JPIA is crucial for CCMF’s mission to support the California city management profession,” said Ken Striplin, president of CCMF and city manager of Santa Clarita. “Our sponsors enable us to create a robust network for city managers to connect, learn, and grow.”

A proud Foundation Circle Sponsor since 2015, the California JPIA received the CCMF Corporate Sponsor Award in 2019, recognizing its ongoing support of the city management profession. This long-standing relationship highlights the mutual dedication to enhancing the skills and knowledge of city managers, which ultimately benefits the communities they serve.

“The leadership provided by city managers is essential to local communities, especially when it comes to prioritizing risk management.” said Chief Executive Officer Alex Smith. “We are proud to support CCMF and the valuable resources they make available.”

The California JPIA will sponsor various CCMF events throughout the upcoming program year. The Authority will engage with CCMF members at events like the New & Future City Managers Dinner Reception which supports those beginning their city manager journey.

The Authority’s dedication to city manager education extends to its conference engagements. In February of 2024, Employment Practices Manager Kelly Trainer-Policky moderated a panel focused on addressing complaints against elected officials at the League of California Cities City Managers Conference. This session highlighted strategies for complaint navigation and harassment prevention, demonstrating the direct link between risk mitigation and effective city management.

“We are proud to support educational opportunities that empower city managers to lead with confidence,” said Smith.

The California JPIA looks forward to another year of productive collaboration with CCMF, fostering excellence in city management and supporting the vital role of city managers in California’s communities.