Issue 98 - April 2020

We’re All In This Together

From Jonathan Shull, Chief Executive Officer

A few weeks can make a big impact.

In last month’s edition of The Authority, we informed you of initial steps the Authority was taking in response to the coronavirus pandemic. Now, we find that COVID-19 has indelibly altered the landscape of the communities within which we live and work. The health and safety of our staff and families, our members, and the public we serve remain our foremost priorities.

Amid the uncertainty that fills this extraordinary time, we again want to apprise you of the Authority’s actions and plans to serve and protect the members. We will continue to keep you informed about any other changes to our programs and services and our ability to serve our members.

Responsible Governance and Financial Security

The Authority’s Executive Committee, which provides day-to-day policy direction to the Authority’s staff, welcomes two new members: Sylvia Munoz Schnopp, mayor pro tem of the City of Port Hueneme, and Steve Tye, mayor of the City of Diamond Bar. Sylvia and Steve were appointed to fill the vacant seats of former President Curtis Morris and Committee Member Daryl Hofmeyer, who retired this spring. They join a nine-member leadership team led by new President Margaret Finlay, a former three-term mayor and current councilmember of the City of Duarte; Vice President Mary Ann Reiss, a councilmember of the City of Pismo Beach; and Secretary Tom Chavez, mayor of the City of Temple City. We are confident that the expertise and insight of these seasoned public servants will advance our ability to support you and your agencies.

As members are faced with the reality of reduced revenues, cash flow issues, and long waits for state and federal assistance, the Authority considered how we can assist members while maintaining our own prudent financial practices. In response, the Executive Committee approved a partial deferment of the annual contributions. The deferment will apply to the Liability and Workers’ Compensation programs. Members will have the option to pay their contributions in two equal installments. The first installment is due on July 15, 2020, and the second installment is due on January 1, 2021. Members should have received an email on April 27 with information about the deferred payment options. Annual Contribution invoices will be emailed in May. If you have any questions, please contact Lam Le, Financial Analyst.

Member-Focused Resources

Authority staff continues to monitor developments across a spectrum of issues related to COVID-19, including legal aspects, worker health and safety, employment concerns, coverage matters, and emergency preparation and recovery. We also are tracking developments at the state and federal levels so we can provide our members with digestible analyses of orders, proclamations, assistance, and official acts.

Our commitment to training has not been deterred during this time. Although we have had to curtail in-person regional and agency-specific training, we continue to offer a wide variety of web-based training for employees throughout your organization. Additionally, numerous COVID-19 online trainings can be accessed on demand, including business continuity, internal communication during a pandemic, illness, and keeping perspective on the coronavirus.

Please visit the Authority’s COVID-19 Information and Resources page or contact your assigned risk manager to access news, training, and assistance in addressing matters specific to your agency.

Transformed Learning

Also in our last edition, we asked you to “save the date” for our annual Risk Management Educational Forum this October. With the need for proactive information-sharing greater than ever, we remain committed to bringing you the best in risk management education by providing not only instruction from the sharpest minds and experts but also insight from others who share in local and civic duty. Based upon the current and likely future social distancing protocols, our premier Educational Forum will transition from an in-person gathering to a fully digital experience. This action fulfills two critical objectives: to educate and empower members with important information and to mitigate the spread of COVID-19 in our member communities.

So, we ask you again to “save the date” for October 14-16, 2020. Over the coming weeks and months, watch for more updates regarding the 2020 Risk Management Educational Forum and our plans for an unsurpassed virtual event.

A Sound Reputation

Last fall, we announced that the California JPIA had been awarded Accreditation with Excellence by the California Association of Joint Powers Authorities. This spring, we share the good news that the Association of Governmental Risk Pools has conferred Recognition status on the Authority. We are proud that our high operating standards and financial controls have earned the confidence of this vital partner in the public risk-pooling industry.

Executive Committee Member Daryl Hofmeyer Retires from Public Service

Executive Committee Member and Paramount Vice Mayor Daryl Hofmeyer retired from public service last month, concluding a 13-year career advancing the missions of both the City of Paramount and the California JPIA.

Recognized by the Authority during a virtual Executive Committee meeting on March 25, 2020, Hofmeyer was thanked for his leadership on improving and expanding services to Authority members.

“Daryl has served a critical role as an Executive Committee member, particularly in sharing his perspective as a city leader, to help the Authority better anticipate and meet our member agencies’ needs,” said California JPIA President and Duarte City Councilmember Margaret Finlay.

Hofmeyer was elected to the Paramount City Council and began serving as Paramount’s representative on the Board of Directors for the Authority in 2003. In 2014, he was appointed as a member of the Executive Committee.

“I have learned a lot of things about cities’ responses to risks and their responsibilities,” Hofmeyer said as he reflected on his Authority experience. He is proud to have championed data-driven efforts related to issues such as sidewalk safety. “The City of Paramount, like other member cities, took advantage of the Authority’s sidewalk inspection and maintenance programs.”

In addition to being a member of the Executive Committee, Hofmeyer has chaired the Budget Committee and served on the Claims, Personnel, and Appeals Committees.

“I want to thank Daryl for his many contributions to the Authority over the years. On behalf of all the California JPIA staff, I wish him all the best as he retires,” said CEO Jon Shull.

As Hofmeyer segues into his retirement, he anticipates missing working with the Authority leadership and staff in forwarding the Authority’s impactful work.

“I just can’t say enough about how much I enjoyed being part of the Authority,” Hofmeyer said. “It is one of the classiest organizations in California. I’m going to miss the California JPIA; there’s no doubt about that.”

Although retired from public service, Hofmeyer plans to continue operating his business, Romberg Milling.

Hofmeyer and Curtis Morris, former Executive Committee President and San Dimas Mayor, both recently retired and were recognized during the virtual Executive Committee meeting on March 25. Learn more about Morris and his contributions to the Authority in this article from our March newsletter.

Thank you, Daryl, for your contributions to the Authority and best wishes on your retirement!

Executive Committee Appoints Two New Members

Sylvia Munoz Schnopp, mayor pro tem of the City of Port Hueneme, and Steve Tye, mayor of the City of Diamond Bar, were appointed to the Executive Committee of the California Joint Powers Insurance Authority on March 25, 2019. Schnopp and Tye fill the vacant seats of President Curtis Morris and Committee Member Daryl Hofmeyer, who retired this spring.

“The California JPIA is pleased to welcome Sylvia Munoz Schnopp and Steve Tye to serve on the Executive Committee,” says Chief Executive Officer Jon Shull. “While Curtis and Daryl left big shoes to fill, I’m confident that Sylvia and Steve will bring important new skills and perspectives to our leadership team.”

Sylvia Munoz Schnopp's head shot

Schnopp, elected to a third, four-year term on the Port Hueneme City Council in 2016, has served as a council member, mayor pro tem, and mayor; and she served as a member of the audit, branding, and water rate committees. She chairs the Port Hueneme Water Agency and represents the City of Port Hueneme as a member of the board of directors of the Ventura County Council of Governments. She is also an alternate board member for the Economic Development Collaborative of Ventura County. This acumen for leadership is what drew her to the new role on the Authority’s Executive Committee.

“I’ve always seen the Authority as a leader—very much an innovator—in member service,” she said. “Serving on the Executive Committee will give me a more focused perspective on the strategic direction of the organization. I look forward to contributing to the leadership team in a positive fashion. It’s a great privilege.”

Schnopp describes the Authority as a “risk management partner” because the organization’s staff and leadership works alongside members to mitigate risks and find solutions, providing exceptional resources like education and other value-added resources. In her community of Port Hueneme, for example, she says that the Authority has served as not only a guide back to the right track but also a champion.

“We build memberships into real, long-lasting relationships,” she said. “That’s the real value of it all.”

An adjunct professor of business, accounting, and entrepreneurship at Oxnard College, Schnopp owns Schnopp Consulting Group. She previously was national director for multicultural outreach initiatives for AT&T Wireless Services and marketing director for United Way of Ventura County. She holds an MBA from California Lutheran University, a B.S. in Business Administration from Cal State University-Northridge, and Ministry Studies and Ministry Licensing from Ventura’s World Reaching Faith, Inc.

“My 12 years’ experience on the Port Hueneme City Council brings depth and perspective that, coupled with my extensive business background, both in nonprofit and corporate America, represents a well-rounded set of experiences,” she said. “I look forward to bringing all of that together in this new role on the Executive Committee.”

Steve Tye's head shot Tye is serving in his fourth term as mayor of Diamond Bar, having previously served as mayor in 2007, 2011 and 2015. He was elected to the Diamond Bar City Council in November 2005 and re-elected in 2009, 2013 and 2018. He is the City Council’s delegate to the Foothill Transit Board, the Tres Hermanos Conservation Authority, Los Angeles County Sanitation District No. 21, Los Angeles County City Selection Committee, and he is trustee for the Greater Los Angeles County Vector Control District.

Tye has been involved with the Authority since 2005 and is excited to take on the new role of Executive Committee member.

“For the past 15 years, I have been familiar with the Authority and how important it is in managing risks,” Tye said. “With that experience, I can appreciate how important it is—as an Executive Committee member now—to make good decisions on behalf of all the Authority members.”

In addition to serving as a Diamond Bar city leader, Tye serves as an Insurance and Financial Services representative with Farmers Insurance. He holds a Bachelor of Science in Public Administration from California State University, Dominguez Hills.

“I bring the perspective of a small business operator and 15 years of experience with the City Council,” Tye said.

Through his involvement with the California JPIA, Tye has developed a critical eye for potential risk management issues and looks forward to helping the Authority advance a culture of risk mitigation.

“I don’t look at ‘a walk around the park’ as just a walk around the park anymore; I’m looking for potential slips and trips. In business we call that, ‘Antenna up, radar on,’” Tye said. “I think if we can get more people to think that way, we can better manage risks in our communities.”

The California JPIA Executive Committee consists of nine members elected by the Board of Directors to provide day-to-day policy direction to the Authority’s staff. The committee meets monthly to consider policies related to the California JPIA’s many programs and services. In addition, the Executive Committee also carries out ex-officio responsibility for Claims, Budget, Bylaws, and Personnel committees. Learn more about each of the members on the Authority’s Executive Committee webpage.

Congratulations Sylvia and Steve, and welcome to the Executive Committee!

COVID–19 and Workers’ Compensation

By Jeff Rush, Workers’ Compensation Program Manager

The COVID-19 pandemic has created a lot of issues for risk managers and human resource professionals, including its impact on the workers’ compensation system. This article will address some of the most frequently asked questions about employees who have been exposed to COVID-19.

What should I do if one of my employees has been exposed to or contracted COVID-19?

If one of your employees believes they have been exposed to COVID-19 or is exhibiting symptoms of COVID-19, you should find out if they feel the exposure is somehow related to their employment. If they feel their exposure and/or symptoms are work-related, they should be provided with a DWC-1 form and referred for testing. Many occupational medicine clinics are not currently providing testing so you may need to refer your employee to their own personal physician or to your county health department to obtain testing.

How do I report a claim for COVID-19?

If your employee is asymptomatic or declines medical treatment, you should make a record of the incident and submit an Employer’s First Report of Occupational Injury or Illness (Form 5020) to Sedgwick, our third-party administrator. They will create a record only claim in their claims system in the event your employee experiences any problems in the future. If you receive a completed DWC-1 from your employee, you should also complete an Employer’s First Report of Occupational Injury or Illness and submit it to Sedgwick. In these cases, they will set up a claim and assign a representative to assist your employee through the process.

Are COVID-19 claims covered under workers’ compensation?

Employees are afforded workers’ compensation benefits for compensable claims for occupational disease. Coverage for compensable occupation disease claims is provided to California JPIA members participating in our primary and excess programs. The issue of compensability for these claims is a complex one. Existing case law finds that employees whose work is shown to put them at increased risk for occupational diseases such as COVID-19 are more likely to have a claim deemed compensable.

What happens if my employee decides to file a claim?

If your employee elects to file a claim, it will be placed on delay and investigated by our claims team at Sedgwick. During the delay period, your employee is eligible for up to $10,000 of medical treatment (including testing). While they are not eligible for any indemnity benefits (such as temporary disability or Labor Code 4850 benefits) during the investigation period, they may be eligible for replacement of lost wages under the Families First Coronavirus Response Act.

If my employee’s claim is accepted, what benefits will they receive?

Employees with a compensable claim are eligible for treatment that is necessary to cure and relieve the effects of COVID-19. If your employee misses time from work, they would be eligible for temporary disability (or Labor Code 4850 benefits for public safety officers). If the employee sustains any residual effects from the injury, the employee may be eligible for permanent disability. Additionally, employees with compensable claims who are unable to return to work because of COVID-19 would be entitled to a supplemental job displacement voucher. If the employee passes away as a result of a compensable COVID-19 claim, their survivors would be eligible for death benefits.

How is COVID-19 affecting the workers’ compensation system?

Employees with existing claims are experiencing delays in treatment, especially if they need to undergo surgery. There are also delays associated with depositions and court appearances at the Workers’ Compensation Appeals Board.

What about employees working from home?

Employees working from home are eligible for injuries sustained in the course and scope of employment. If an employee working at home contracts COVID-19 and files a claim, it would be investigated in accordance with the procedures outlined above.

What if I have additional questions?

The California JPIA provided a webinar on April 1, and that recording is available our website training catalog. There are also additional resources available at this link.

COVID–19 Online Training

With the ongoing state and local COVID-19 teleworking and social distancing protocols, members are encouraged to take advantage of the Authority’s E-Learning training. These trainings provide members access to learning on-demand, anytime or anywhere.

The E-Learning catalog offers numerous topics on wide-ranging subjects. In addition, the Authority has assembled learnings for keeping you, your family and fellow employees safe, to managing your communications when working from home and proper steps for preparing for future outbreaks. All E-Learnings can be accessed here.

COVID-19 related courses include:

Coronavirus: COVID-19
Coronavirus Precautions and Prevention: Common Sense Hygiene
Coronavirus Precautions and Prevention: Coronavirus Preparedness
Coronavirus Precautions and Prevention: Travel Safely
Coronavirus Precautions and Prevention: Stay Calm, Stay Informed
Planning for a Pandemic: Preparing for a Pandemic
Planning for a Pandemic: Internal Communications
Planning for a Pandemic: External Communications
Planning for a Pandemic: Illness in the Office
Planning for a Pandemic: Business Continuity
COVID-19 and N95 Respirators – Take 5

The Authority is continuing to develop online training courses as a resource to members.

For additional information about the Authority’s training content or how we can help your agency with training during this challenging time, please contact Ryan Thomas, Training and Loss Control Specialist.

CDC Guidance: Working After Potential Exposure

By Kelly Trainer and Winter L. Hankins, Burke, Williams & Sorensen, LLP

The Centers for Disease Control and Prevention (CDC) issued recent interim guidance permitting “critical infrastructure” asymptomatic workers who may have been exposed to COVID-19 to continue working, provided additional precautions are taken by the employer. However, California employers should be mindful that this guidance may contradict state or county public health orders.

The interim guidance applies to critical infrastructure workers, including law enforcement, 911 call center employees, hazardous materials responders, janitorial and custodial staff, food and agriculture, critical manufacturing, informational technology, transportation, energy, and government facilities. The interim guidance applies when an employee has had a potential exposure. “A potential exposure means being a household contact or having close contact within six feet of an individual with confirmed or suspected COVID-19. The timeframe for having contact with an individual includes the period of time of 48 hours before the individual became symptomatic.”

Under the interim guidance, asymptomatic employees may report to work, but should follow the following five steps:

Employers should pre-screen the employee’s temperature and assess symptoms, ideally prior to the employee entering the facility;
The employee should self-monitor “under the supervision of the employer’s occupational health program;”
The employee should wear a face mask at all times for 14 days from last exposure (which can be issued by the employer or supplied by the employee, but approved by the employer);
Work duties permitting, the employee should maintain six feet and practice social distancing at work; and
All work areas should be cleaned and disinfected routinely.

If the employee becomes sick, they should be sent home immediately, and the workspace should be cleaned and disinfected. The employee should remain home in accordance with directives from the employee’s health care provider, state or county orders, and/or CDC guidance.

The CDC also offered the following additional guidance:

Employees should not share headsets or other objects that are near the nose or mouth;
Employers should clean commonly touched surfaces more frequently;
Employers and employees should pilot test the use of face masks to ensure they do not interfere with work;
Employers should work to increase air exchanges in a room; and
Employees should physically distance when taking breaks together, should try to stagger breaks, and avoid congregating in the break room or sharing food or utensils.

This new guidance is a significant shift from the CDC’s existing guidance that recommends asymptomatic individuals who have been potentially exposed to COVID-19 (such as being in close contact for an extended period of time or living in the same household) should stay home for 14 days after the last exposure.

Employers should be mindful that this CDC guidance is not mandatory. Further, employers must be mindful of the restrictions that are mandatory under state and county public health orders, which may contradict the CDC guidance.

For instance, the following counties (as well as many others) have standing isolation orders that directly contradict the CDC guidance and order individuals who have been diagnosed or potentially exposed to COVID-19 to isolate in their place of isolation and not to enter any other public or private place, except to receive necessary medical care:

The County of Alameda Public Health Department’s April 3, 2020 advisory memo instructs health care clinicians to disseminate ACPHD isolation and quarantine orders to all persons diagnosed with suspected or confirmed COVID-19 and to persons with close contact of suspected or confirmed cases. Further, the quarantine order instructs, all individuals who have been diagnosed with or are likely to have COVID-19 to isolate themselves and to follow all instructions in the Health Officer’s order.
The County of Los Angeles Department of Public Health’s April 1, 2020 Home Isolation Order requires all individuals who have been diagnosed with or who likely have COVID-19 to immediately isolate in their home or another residence until: (a) at least 3 days (72 hours) have passed since recovery, defined as resolution of fever without use of fever-reducing medications and improvement of respiratory symptoms (e.g., cough, shortness of breath) AND (b) at least 7 days since symptoms first appeared.
The County of San Diego Health and Human Services Agency’s April 7, 2020 Order of Isolation of All Persons With or Likely to have COVID-19 requires individuals to immediately isolate for one or more of the following reasons: (a) a positive lab test for COVID-19; or (b) signs and symptoms that are consistent with COVID-19 (e.g., fever, cough, shortness of breath or trouble breathing); or (c) a physician has informed the individual that they are likely to have COVID-19. The order provides that isolation shall continue until at least 3 days (72 hours) have passed since recovery, defined as resolution of fever without use of fever-reducing medications and improvements of respiratory symptoms (e.g., cough and shortness of breath); and at least 7 days since symptoms first appeared.

State of Emergency Update: All POBAR Investigations to Receive A 60–Day Extension

By Katy A. Suttorp and Stephanie Volmer, Burke, Williams & Sorensen, LLP

California’s response to the coronavirus pandemic now includes the extension of statutory deadlines across many code sections under Governor Gavin Newsom’s Executive Order N-40-20 signed on March 30th.

Of particular interest for agencies employing peace officers, the new Order temporarily modifies the Public Safety Officers Procedural Bill of Rights Act (POBRA) provision(s) regarding misconduct investigations. POBRA, found in Government Code Sections 3300-3313, currently sets a one-year statute of limitation on the investigation of such misconduct allegations. Under Section 3304(d), if “punitive action” might be taken, then an investigation must be complete, and a peace officer notified in writing of the same, within that year. The new Order extends this deadline by 60 days.

The Order remains silent on two comparable statutes of limitation: one within the Firefighters Procedural Bill of Right Act, under Section 3254(d); and the other within Government Code Section 3508.1(a) regarding civilian employees who work in police departments. At this time, the Governor has given no indication that investigations regarding firefighters or non-sworn employees will receive the same 60-day extension.

The COVID-19 situation creates a rapidly shifting legal landscape; please note that all updates are subject to potential revision accordingly.

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