california joint powers risk management...

CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY

EXECUTIVE COMMITTEE MEETING

April 21, 2011 - 10:00 A.M.

City of Sunnyvale Human Resource Training Room 505 West Olive Avenue, Suite 202

Sunnyvale, CA 94086

(408)730-7503

AGENDA

I. CALL TO ORDER: 10:00 A.M.

II. ROLL CALL

III. APPROVAL OF MINUTES

• Minutes of the Executive Committee meeting held on January 20, 2011 (Pages 4-8)

IV. COMMUNICATIONS

A. Executive Committee Members

B. General Manager/Secretary

C. Next Scheduled Meetings: Board of Directors (05/11/2011 – 05/13/2011)

Executive Committee (07/21/2011)

V. CONSENT CALENDAR

• None

VI. THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE EXECUTIVE COMMITTEE ON MATTERS OF EXECUTIVE COMMITTEE BUSINESS

VII. ACTION CALENDAR

1. Report from the Standing Committees (Page 9)

2. Proposed Revision to Memorandum of Coverage, Section VII-Conditions, to be effective July 1, 2011 (Pages 10-15)

3. Annual Meeting (Pages 16-20)

4. General Manager’s Goals & Objectives (Pages 21-28)

5. Risk Management Issues (9)

VIII. CLOSED

1. Conference with Real Property Negotiator

Government Code Section 54956.8

Property: 7011 Koll Center Parkway, Pleasanton, CA 94566

Negotiating Party: Ian Thomas and Damon Hubbart (Colliers International)

Agency Negotiator: David Clovis, CJPRMA

Under Negotiation: Price and Terms of Payment

2. Conference with Real Property Negotiator

Government Code Section 54956.8

Property: 73 Ray Street, Pleasanton, CA 94566 Agency Negotiator: David Clovis, CJPRMA Negotiating Party: Dave Bruzzone and Curtis Berrien (Cornish and Carey Commercial) Under Negotiation: Price and Terms of Payment

3.

Conference with Real Property Negotiator Government Code Section 54956.8

Property: 3201 Doolan Road, Livermore, CA 94551 Agency Negotiator: David Clovis, CJPRMA Negotiating Party: Ned Wood and Mark Triska (Colliers International) Under Negotiation: Price and Terms of Payment

Page 2

4. Conference with Legal Counsel - Pending Litigation Government Code Section 54956.9 (a)

Name of Case: Vanderheiden v. City of Alameda

5.

Court: Alameda County Superior Court Case No.: RG 06283619

Conference with Legal Counsel – Pending Litigation Government Code Section 54956.9 (a)

Name of Case: Strauch v. City of Chico

6.

Court: Superior Court of California – County of Butte Case No.: 147066


Name of Case: LaFrenz v. City of Victorville

7.

Court: Superior Court of California – County of San Bernardino Case No.: CIVVS 804467


Name of Case: Court: United States District Court – Northern California

Millar v. City of Sunnyvale

Case No.: CV10 – 0827JW

8. Conference with Legal Counsel – Pending Litigation Government Code Section 54956.9 (a)

Name of Case: Court: Superior Court of California – County of Placer

DeFreece vs. City of Roseville

Case No.: SCV-26624

VIII. ACTION ON CLOSED SESSION ITEMS

IX. ADJOURNMENT


EXECUTIVE COMMITTEE MEETING

January 20, 2011 - 10:00 A.M.

City of Petaluma Risk Management Office

1304 Southpoint Blvd., STE 270 Petaluma, CA 94954

(916) 652-6843

Minutes

I. CALL TO ORDER: Vice President Giles called the meeting to order at 9:59 a.m.

II. ROLL CALL

PRESENT

1) Bill Henderson, Livermore 2) Janet Hamilton, Lodi 3) Ron Blanquie, Petaluma 4) Stacey Haney, Roseville

5) Kathleen Williams, Stockton 6) Roger Carroll, SCORE 7) Anthony Giles, Sunnyvale

ABSENT

Darrell Handy, Alameda

OTHERS PRESENT

8) Byrne Conley, Gibbons & Conley 9) David Clovis, CJPRMA

10) Craig Schweikhard, CJPRMA

11) Saima Kumar, CJPRMA


• A motion by Director Williams, seconded by Director Hamilton, to approve the minutes of the Executive Committee meeting held on November 18, 2010 and December 08, 2010, passed unanimously.

IV. COMMUNICATIONS A. Executive Committee Members


C. Next Scheduled Meetings: Board of Directors (03/17/2011)

Executive Committee (4/21/2011) to be held in the City of Sunnyvale

V. CONSENT CALENDAR

• None

VI. THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE EXECUTIVE COMMITTEE ON MATTERS OF EXECUTIVE COMMITTEE BUSINESS

VII. ACTION CALENDAR

1. Report from the Standing Committees

Director Giles, Chair of the Risk Management Committee, reported that his

committee hasn’t met since the October board meeting. He also stated that

the group in the process of formalizing a format for the key elements of

risk management. He suggested that the group schedule either a telephonic

meeting in the coming months or possibly meet at PARMA in February.

Director Williams, Chair of the Education and Training Committee,

commented that she had previously handed out a matrix to the Board and

had asked for comments. So far no comments had been made. The next

step is to present the matrix to the Executive Committee for approval.

Director Carroll, Chair of the Coverage and Claims Committee reported

that his committee hasn’t met yet. He said his planning on arranging a

meeting soon.

2. General Manager’s Goals & Objectives

David Clovis, General Manager presented his goals and objectives to the

Executive Committee. The committee commented on adding two columns

to the goals and objectives that show the progress and the percent of the

tasks being completed. Director Henderson asked if there should be time

limits placed on each of the tasks. Director Blanquie said he had no

objections to the guidelines for the Goals and Objectives. His concerns

were if the Goals and Objectives are going to be used as the sole criteria for

providing salary adjustments for the general manager. The committee

discussed the point raised by Director Blanquie and agreed that the Goals

and Objectives were intended to provide an objective means for evaluating

the performance of the general manager. They also understood that the

Board of Directors had adopted the evaluation process as presented by the

consultant Barry Newton. The Executive Committee will utilize the

process adopted by the Board of Directors but they will have flexibility in

approving performance related salary adjustments for the general manager.

3. Risk Management Issues

The general manager informed the Executive Committee that he was looking into new software programs for Certificate of Insurance Tracking. Director Williams requested additional training sessions on contracts. Director Blanquie requested the general manager to schedule Board of Directors Training on the Brown Act. Director Margolies submitted a discussion item regarding the reimbursement of in-house attorney fees.

The general manager reported that he had discussed the inclusion of in-

house attorney fees with other large pools. One pool had adopted the

inclusion of in-house attorney fees in very large members that were staffed

with experience litigators. The Executive Committee discussed the matter

and determined that there was not a significant advantage to modifying

current policy to include the fees for in-house counsel and it appeared that

it would create significant opposition from current members.

VIII. CLOSED SESSION

1. Government Code Section 54956.8

Conference with real property negotiators.

Real Property Transaction; Closed Meeting With Negotiator

Property: 3252 Constitution Drive, Livermore, CA 94551 Agency Negotiator: David Clovis, CJPRMA Negotiating Party: Tri-Valley Learning Corporation Under Negotiation: Price and Terms of Payment

2. Government Code Section 54956.9 (a)

Conference with Legal Counsel – Pending Litigation

Name of Case: Hayes v. Tafoya

3.

Court: Superior Court of California – County of Yolo Case No.: CVPM 852

Government Code Section 54956.9 (a)

Name of Case:

Conference with Legal Counsel – Pending Litigation

Karim v. City of Pomona

4.

Court: Los Angeles County Superior Court – East District – Pomona North Case No.: KC 047449J


Name of Case: Strauch v. City of Chico Court: Superior Court of California – County of Butte Case No.: 147066


Name of Case:

Conference with Legal Counsel - Pending Litigation

Vanderheiden v. City of Alameda

Court: Alameda County Superior Court Case No.: RG 0628361


Name of Case:


Gonzalez-Fuentes v. Hammerman, et al.

7.

Court: Superior Court of California, County of Sonoma Case No.: SCV 245373

Government Code Section 54956.95 (a)

Name of Case:


Avery v. City of Roseville, et al.

VIII. ACTION ON CLOSED SESSION ITEMS

Court: Superior Court of California, County of Placer Case No.: SVC 24149

• The general manager received settlement authority for one of the cases discussed in the closed session.

IX. ADJOURNMENT

• A motion by Director Hamilton, seconded by Director Williams, to adjourn the meeting at 2:50 p.m., passed unanimously.

CALIFORNIA JOINT POWERS

RISK MANAGEMENT AUTHORITY

AGENDA BILL

Item #: 1 Title: REPORT FROM THE STANDING COMMITTEES Meeting: 4/21/2011

General Manager:

Recommended Action:

None. This item is being provided for information and discussion purposes only.

Item Explanation:

The chair from each standing committee will provide status updates on their committee assignments. This item will be placed in all future Executive Committee agendas as a standing agenda item.

Fiscal Impact:

None.

Exhibits:

None.

Executive Committee Action:



AGENDA BILL

Item #: 2 Title:

PROPOSED REVISION TO MEMORANDUM OF Meeting: 04/21/2011 COVERAGE, SECTION VII-CONDITIONS, TO BE

General Manager: EFFECTIVE JULY 1, 2011.

Recommended Action:

Endorsement from the Executive Committee to the Board of Directors, of the proposed revision to the Memorandum of Coverage, Section VII-Conditions to be effective July 1, 2011.

Item Explanation:

The CJPRMA Memorandum of Coverage, Section VII-Conditions, states the specific requirements for the reporting of all claims. There have been a number of recent employment practices liability (EPL) cases that have been reported late. The late reporting has placed CJPRMA in a compromised position and has limited our ability to have an impact on early mitigation. Many of the cases are very sensitive to the organization and the handling of the cases often involves other departments outside of risk management.

CJPRMA understands the sensitivity of these cases and we constantly strive to support the political

and operational impacts of our members. These cases develop quickly and the defense fees quickly reach our member’s SIR. In addition, when these cases fail to settle prior to trial, CJPRMA is faced with both the potential for damages, emotional distress and plaintiff attorney fees. The fees awarded in these cases always exceed the cost of our own defense fees. In an effort to become involved in these sensitive cases sooner, for the purpose of protecting the interests of CJPRMA, we propose the modification of the case reporting as follows.

A. All employment practices claims will be submitted to CJPRMA within 30 days of receiving a

notice of a claim. B. Any and all FEHA, DFEH, CFRA or other related employment claims will be reported within

30 days of receipt. C. All defense costs related to the defense of employment practices cases incurred prior to the date

or reporting of the claim will not act to erode the ultimate net loss of the claim. D. Members will cooperate in an early review of cases with counsel appointed by CJPRMA, for

the purpose of evaluation of the case. CJPRMA’s review of the case will be conducted at the expense of CJPRMA.

E. Members will provide defense attorneys with a copy of the CJPRMA Reporting Guidelines at the time the case is assigned. Members will insure that timely reports are sent to CJPRMA and the agency’s designated director.

A copy of the current Section VII-Conditions with strike-through has been attached to this agenda bill for review. The general manager and claims administrator will be available to discuss the proposed modifications.

Fiscal Impact:

To be determined based upon the number of cases requiring early evaluation

Exhibits:

1. CJPRMA Memorandum of Coverage Section VII-Conditions


1)

SECTION VII - CONDITIONS

(a) The covered party shall notify the Authority within 30 days upon receipt of notice of a claim, or the setting of a reserve on any claim or suit including multiple claims or suits arising out of one occurrence, such claim or reserve amounting to fifty percent or more of the retained limit; Title 42 USC 1983 cases in which a complaint has been served and the plaintiff is represented by legal counsel or with reserves of twenty-five percent or more of the retained limit; or regardless of reserve, any claim involving:

Covered party’s Duties in the Event of Occurrence, Claim or Suit

1) one or more fatalities; 2) loss of a limb; 3) loss of use of any sensory organ; 4) quadriplegia or paraplegia; 5) third degree burns involving ten percent or more of the body; 6) serious facial disfigurement; 7) paralysis; or 8) closed head injuries.

Written notice containing particulars sufficient to identify the covered party and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the covered party and of available witnesses, shall be given by or for the covered party to the Authority or any of its authorized agents as soon as possible.

(b) Claims filed that contain allegations involving Employment Practices Liability shall, require the covered party to notify the Authority within 30 days upon receipt of notice of an EEOC or DFEH claim (or lawsuit if no claim is filed). All Defense Costs related to the defense of Employment Practices Cases incurred prior to the date of reporting of the claim to the Authority will not constitute covered Ultimate Net Loss (eroding the member’s self insured retention. The member will cooperate in an early review of cases, with counsel appointed by the Authority at the expense of the Authority.

(b)(c) If claim is made or suit is brought against the covered party and such claim or suit falls within the description in paragraph (a) and (b) above, the covered party shall be obligated to forward to the Authority every demand, notice, summons or other process received by it or its representative.

(c)(d) The covered party shall cooperate with the Authority and upon its request assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the covered party because of bodily injury, personal injury, property damage or public officials errors and omissions with respect to which coverage is afforded under this

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Agreement; and the covered party shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses.

(d)(e) The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report on the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or agents.

2)

(a) No action shall lie against the Authority with respect to the coverages and related provisions defined in the Memorandum of Coverage (Memorandum) for the Automobile/General Liability Program unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of the Memorandum, nor until the amount of the covered party’s obligation to pay shall have been finally determined either by judgment against the covered party after actual trial or by written agreement of the covered party, the claimant and the Authority. Any person or organization or the representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under said Memorandum to the extent of the coverage afforded by said Memorandum. No person or entity shall have any right under said Memorandum to join the Authority as a party to any action against the covered party to determine the covered party’s liability, nor shall the Authority be impleaded by the covered party or its legal representative.

Action Against Authority/Subrogation

(b) The Authority shall be subrogated to the extent of any payment hereunder (including all ultimate net loss incurred) to all the covered party’s rights of recovery thereof, and the covered party shall do nothing after loss to prejudice such right and shall do everything necessary to secure such right. Any amount so recovered shall be apportioned as follows:

1) The Authority shall be reimbursed first to the extent of its actual payment thereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party.

2) The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted by the Authority, it shall bear the expenses thereof.

3)

Bankruptcy or insolvency of the covered party shall not relieve the Authority of any of its obligations hereunder.

Bankruptcy or Insolvency

4) Other Coverage

If insurance or any other coverage with any insurer, joint powers authority or other source respectively is available to the covered party covering a loss also covered hereunder (whether on primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall not contribute with, such other insurance or coverage. This coverage shall be in excess of, and shall not contribute with, any insurance or coverage designed to cover the operator of an automobile or watercraft. This coverage shall be in excess of, and shall not contribute with, any insurance or coverage which names a covered party herein as an additional covered party or additional insured party, where coverage is extended to a loss also covered hereunder.

This “other coverage” paragraph shall not operate to increase the covered party’s retained limit or the Authority’s limit of coverage under this Memorandum because of any coverage afforded to the covered party by the Employment Risk Management Authority.

5)

The term covered party is used severally and not collectively, but the inclusion herein of more than one covered party shall not operate to increase the limits of the Authority’s liability or the retained limit applicable per occurrence.

Severability of Interests

6)

An occurrence which extends to a duration of more than one coverage period shall be treated as a single occurrence arising during the first coverage period when the occurrence begins.

Accumulation of Limits

7)

This Agreement may be terminated at any time in accordance with the Bylaws of the Authority.

Termination

8)

Notice to any agent or knowledge possessed by any agent of the Authority or by any other person shall not affect a waiver or a change in any part of this Memorandum of Coverage, nor shall the terms of this Memorandum of Coverage be waived or changed, except by endorsement issued to form a part of this Memorandum of Coverage.

Changes

9)

In the event of reduction or exhaustion of the retained limit applicable to the covered party by reason of losses paid thereunder, this coverage shall (a) in the event of reduction pay the excess of the reduced underlying retained limit, or (b) in the event of exhaustion continue in force as underlying coverage. In no event shall the coverage apply until the retained limit is exhausted through the payment of defense costs, judgments and/or settlements to which the Authority has agreed.

Reduction of Limits

10) Coverage Disputes

The General Manager shall make the initial determination whether to deny coverage on all or part of a claim, or to reserve the Authority’s right to deny coverage on all or part of a claim, if a loss subsequently exceeds the retained limit.

A decision by the General Manager to deny coverage can be appealed to the Board of Directors. Notice of such appeal shall be submitted in writing within thirty (30) calendar days of the date of the General Manager’s written notice of decision.

The appeal shall be considered by the Board of Directors at the next regular or special meeting following receipt of the written appeal; if the appeal is received too late for inclusion in the agenda packet, it can be postponed to the next following Board meeting. The General Manger and the covered party will have the right to submit written materials and present oral argument to the Board, subject to reasonable time constraints.

Within sixty (60) days following any denial of coverage by the Board, the covered party may request, in writing, that the Authority initiate a declaratory relief action in Superior Court for a determination of the coverage matter. The declaratory relief action shall be initiated in the County of the Authority’s home office, unless the Authority and covered party agree on a different venue.

Any determination by the Executive Committee, and by the Board of Directors if the matter is appealed to the Board of Directors, whether a Covered Party has breached parts (1)(a) or (b) of these Conditions concerning notice of a claim, and any determination whether the Authority has been prejudiced by that breach, so that this coverage does not apply, comes within the sole discretion of the Executive Committee and Board of Directors, respectively. Such determinations shall be conclusive, final and binding and shall not be the subject of any further review, whether by declaratory relief action or otherwise.



AGENDA BILL

Item #: 3 Title: ANNUAL MEETING Meeting: 04/21/2011

General Manager:

Recommended Action:

None. This item is being provided for information purposes only.

Item Explanation:

The general manager will discuss the tentative agenda for the annual meeting.

Fiscal Impact:

None.

Exhibits:

1. Draft Annual Meeting Agenda 2. Draft Board Member Itinerary



BOARD OF DIRECTORS MEETING

May 11, 12 & 13, 2011

CJPRMA Main Office 3252 Constitution Drive Livermore, CA 94551

(925) 837-0667

AGENDA

I. CALL TO ORDER: 10:00 a.m.

II. ROLL CALL


• Minutes of the Board of Director’s Meeting held on March, 18, 2010

IV. PRESENTATIONS

• None

V. COMMUNICATIONS

A. Board Members


C. Next Scheduled Meetings: Board of Directors (06/16/2011)

Executive Committee (07/21/2011)

VI. CONSENT CALENDAR

1. Financial Reports of CJPRMA for the periods ending January 31, February 28 and March 31, 2011

2. Additional Covered Party Certificates Approved by the General Manager

3. Notification of New Claims Received

4. Notification of Claims Closed

5. New Board Members/Alternates

VII. THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE BOARD OF DIRECTORS ON MATTERS OF BOARD BUSINESS

VIII. ACTION CALENDER / ( I ) Information Only ( A) Action Only

5. Report From Broker on Insurance Program Renewals (A)

6. Proposed Operating Budget for 2011-2012 (A)

7. Report From Claims Auditor (A)

8. Proposed Revisions of Claims Reporting (A)

9. Consideration of New Member City of San Mateo (A)

10. Risk Management Information System (A)

11. General Manager’s Goals & Objectives (I)

12. Risk Management Issues (I)

IX. CLOSED SESSION

X. ACTION ON CLOSED SESSION ITEMS

X. ADJOURNMENT


WEDNESDAY, MAY 11, 2011

10:00 - 11:30 ♦ Committee Meetings Claims & Coverage Committee – Education & Training Committee – Risk Management Committee – 11:30 - 1:00 ♦ Kick Off Lunch – CJPRMA Main Office, Livermore, CA 1:00 - 3:00 ♦

Board Meeting

3:00 - 3:30 ♦ Break – 3:30 - 5:00 ♦ Board Meeting (continued)

5:30 - 6:30 ♦ Bocce Lesson & Appetizers – Campo di Bocce 175 E Vineyard Avenue, Livermore, CA

925-249-9800

*Please note that we will be going directly from the Board meeting to dinner. The restaurant requires that women wear flat shoes on the bocce courts so please plan accordingly

6:30 ♦ Dinner immediately following

THURSDAY, MAY 12, 2011

8:00 - 9:00 ♦ Breakfast 9:00 - 10:00 ♦

Board Member Training

10:00 - 10:15 ♦ Break 10:15 - 12:00 ♦


12:00 - 1:00 ♦ Lunch – 1:00 - 3:00 ♦


MAY 11, 12 & 13, 2011

BOARD RETREAT INTINERARY

CJPRMA Main Office 3252 Constitution Drive Livermore, CA 94551

(925) 837-0667

3:00 - 3:15 ♦ Break 3:15 - 5:00 ♦ Board Member Training (continued)

6:00 ♦ Dinner – On the Border 4940 Dublin Blvd., Dublin, CA 94568, 925-829-1371

FRIDAY, MAY 13, 2011

8:00 - 9:00 ♦ Breakfast 9:00 - 9:45 ♦

Board Meeting (continued)

9:45 - 10:00 ♦ Break 10:00 - 12:00 ♦ Board Meeting (continued)

12:00 ♦ Lunch



AGENDA BILL

Item #: 4 Title: STATUS UPDATE ON GENERAL MANAGER’S Meeting: 04/21/2011 GOALS & OBJECTIVES

General Manager:

Recommended Action:


Item Explanation:

The Board of Directors approved the General Manager’s Goals and Objectives for 2010-2011 at the December 16, 2010 board meeting.

A number of key issues are currently in process and are being discussed in other agenda bills for this meeting. They include:

• 2011 Annual Meeting • Sale and replacement of the CJPRMA office building • Monitoring and control of significant litigation issues • Monitoring of Livermore Charter School process • Evaluation of Risk Management Information System

The Executive Committee will continue their ongoing evaluation of the general manager and continue to review the progress on the goals and objectives.

The general manager will be available to discuss the status of the Goals & Objectives.

Fiscal Impact:

None.

Exhibits:

1. General Manager’s Goals & Objectives


GENERAL MANAGER GOALS & OBJECTIVES FOR 2010-2011

GOALS OUTCOMES COMMITTEE ASSIGNMENT

Tasks Completed

• Maintain financial

strength and solvency.

15%

The general manager will monitor the development of programs and services for the organization that maintain the invested assets of CJPRMA, maintain or reduce the current costs to members and provide enhanced excess/reinsurance coverage to member exposures. Will make recommendation to the Board of Directors as needed.

Coverage and Claims Committee will review coverage options and provide input to the General Manager.

General Manager has met with both AON and Munich America regarding the 2011-2012 renewal. Staff met with AON and Munich America to discuss current program and steps to renewal for 2012. A set of underwriting criteria questions has been developed and sent to the membership for renewal. Renewal information is due back to CJPRMA March 11, 2011. Property and Casualty Underwriters have started 2012 renewal process. CJPRMA is providing information for renewal. AON will discuss the process at the March 2011 Board of Directors Meeting. Property appraisers have examined sites in Livermore, Redding and Stockton. An issue arose in the City of Redding with the appraiser. AON was advised and promptly contacted the carrier to express displeasure. The evaluation of parcels has been placed on hold. AON was very responsive to a very offensive issue.

• Promote effective board meetings and manage relationships with the Board of Directors.

15%

Initiate agenda items and present policy recommendations at board and committee meetings; organize and manage committees and board meetings. Fulfill Agency’s records management obligations, including the proper retention and destruction of documents. Provide enhanced agendas that include a comprehensive evaluation of the issues and a recommendation from the general manager.

Executive Committee approved the Employee Personnel Policies and Handbook. General Manager provides agendas with detailed description of the issue presented and provide a recommendation to the Board of Directors. The agenda package has been modified to include page numbers and enhanced information. General Manager is working with Gail Mancarti to enhance policies presented to Executive Committee for approval at the November Meeting.

Craig Schweikhard and General Manager met with the City of San Mateo regarding potential membership. General Manager worked on numerous issues multiple Board Members and their staff.

• Process a smooth and seamless transition for the CJPRMA broker of record.

5%

Coordinate all aspects of the transition to the newly selected broker, execute a new agreement, develop insurance marketing standards, develop a transition plan, create a contact list for members with team responsibilities and develop a report card tool to evaluate the effectiveness of the new broker.

Numerous meetings with Craig Bowlus, Billy Deeb and other parties. Execution of documents including the Broker of Record letters and Contract with AON. Meeting scheduled with Broker and Munich Re for transition plan and 2011-2012 renewal. Continue to develop the relationship with AON. AON has been named the new broker for City of Livermore. We are receiving very little support from our previous broker Marsh during the transition.

• Manage the staff and operations of CJPRMA.

10%

Manage all aspects of the CJPRMA office. Work with staff to ensure that all goals of staff are developed to meet the goals and objectives of the organization. Manage and develop employees and ensure that customer service to members is always their number one priority. Develop staff skills and services to ensure activities are directed at achieving the mission of CJPRMA.

Reorganized the responsibilities of the Office Assistant and Executive Assistant. Orient the new Claims Administrator and work with him in development of litigation policies and practices. The Claims Administrator is working with Craig Bowlus, Claims Auditor and participating in audit closure meetings. Claims Administrator continues to work with Craig Bowlus to finalize the annual claims audit. Lola Deem attended an YCPARMIA Board Meeting and is assisting their financial person with their investment reconciliation.

• Establish training

programs for board members, staff and member entities.

10%

Work with Education and Training Committee

and Risk Management Committee to determine outcomes for board member proficiency. While utilizing outcomes developed by standing committees, identify key risk management factors to enhance the function of board members, their staff and their agency overall approach to risk management.

Education & Training Committee

How to Read an Actuarial Report presented to the Board of Directors at the December Meeting.

Trainings conducted by General Manager include two sessions of Risk Management for Supervisors two contractual risk transfer programs presented to City of Lodi. Four sessions will be conducted by Bob Marshburn on Contract Management in the months of May and June. Staff is preparing four training sessions/presentations for the annual meeting. The will address Police Liability, Social Networking, and managing/evaluation of EPL Claims. Claims Administrator and General Manager worked with outside counsel to develop law enforcement directed training program on mutual aid agreements. The presentation was delivered to the REMIF Annual Police Symposium. Staff plans on scheduling this presentation for CJPRMA Members. The General Manager will be conducting two training session for Lodi and Stockton on the basics of risk transfer. The session is approximately 1.5 hours and provides a basic understanding of contracts and insurance.

• Create standards for

member risk management programs.

The general manager will work with the Risk Management Committee to develop a set of CJPRMA audit standards to be used to evaluate existing members and agencies making application to the organization. In addition, a

Risk Management/Education & Training Committee.

To be discussed at next meeting. Schedule review of Certificate Tracking Programs Exigis and Ebix to be conducted prior to and during PARMA Conference. Review of multiple RMIS/Pool Business RMIS solutions

5%

set of best practices will be developed as a guide to members and their organizations in their risk management efforts.

including Risk Console and CHSI Technologies. Exigis will provide a presentation at the March 17, 2011 Board of Directors Meeting. CJPRMA continues to review ESolutions and CHSI Technologies RMIS Solutions. Staff will prepare a recommendation to the Board of Directors May Meeting. Staff has sent the Board of Directors a survey for certificate tracking. The information will be used to obtain quotes from outside providers. General Manager and Board Counsel met with representatives from CAL TIP and discussed the Avery Case and discussed the need to develop a model contract for transportation services. CJPRMA will be working collectively with CAL TIP to create a standard model agreement.

• Coordinate and manage

the proposed charter school development at the CJPRMA office site.

15%

Coordinate and manage the process of defending the rights of CJPRMA related to the new office building and complex. Work with the Executive Committee and outside counsel in representing the impacts to our organization.

Effectively negotiated a satisfactory sale price and conditions of sale. Worked with Counsel and Broker to finalize the Letter of Intent which was executed. The PSA (purchase and sale agreement) has been finalized. Final approval will be issued by Board of Directors of Charter School on January 27, 2011. The Purchase and Sale Agreement has been completed and the building is currently in Escrow. The TVLC anticipates the closing of the sale to occur in late March or early April. Site review of numerous options for replacement of CJPRMA Main Office. Staff has visited twenty-five to thirty sites for the replacement of the existing office. In addition, the General Manager has conducted an in-depth on line review of available properties.

A recommendation for purchase of a new facility will occur at the March 17, 2011 Board Meeting. General Manager submitted offers on three properties. Currently working with broker in responding to counter offers. Charter School continues to work on funding of their bonds. An appraisal was conducted of all facilities at the Montevina Site. This was a new requirement of the bonding organization. Closing for the building is predicted to be mid May.

• Assist board members

and individual member agencies by resolving questions and issues concerning agency risk management practices and procedures.

10%

Work with individual board members, alternates and agency staff regarding all aspects of risk management including but not limited to risk transfer, issuance of certificates of coverage, tracking of assets and all aspects of risk management.

Work with Board Members and staff on issues involving contractual risk transfer, liability exposures and other risk management related issues. Numerous contacts with Board Members and Staff working on contracts and other risk related issues.

• Keep member agencies fully informed regarding CJPRMA programs and services and updates of legislative changes.

5%

Meet with governing bodies and employee groups of member agencies. Represent Agency effectively by promoting its program and services, maintaining visibility in the community, and interfacing with members, officials and groups.

General Manager attended the 2011 PARMA Conference. The GM participated in a day long RM 101 Program and presented the Closing Session. Numerous contacts with vendors and potential new members were made at the conference. General Manager participated in the 2012 PARMA Conference planning retreat. The program for PARMA 2012 contains a number of sessions focused on current issues and a number of sessions have been created for the experienced and advanced risk personnel.

• Enhance the CJPRMA claims processing and litigation management program.

20%

Develop a comprehensive litigation management program which will include site visits by the claims administrator, litigation management training of members and the implementation of enhanced RMIS capabilities.

Phase 1 of this process was completed with the hiring of Craig Schweikhard as the Claims Administrator. Staff working with Craig Bowlus upon closing of audits. Attended Gonzales-Fuentes v Hammerman Mediation, met with City of Alameda on Vanderheiden v Alameda, numerous discussions/meeting with City of Roseville in Avery v. MV Transit. Strauch v Chico. A number of significant claims are currently in the litigation process. The claims are being monitored by Claims Administrator Craig Schweikhard and the general manager.

Craig Schweikhard and the general manager attended the opening comments by plaintiff and defendant in the Vanderheiden. Staff continues to monitor this case closely as it moves through the trial process. Claims Administrator participated in day long mediation in Southern California. The General Manager and Board Counsel met with attorneys to evaluate the presentations to be made to the Ninth Circuit on the Dagdagan and Eaton Matters. Staff has been actively working with multiples members on numerous claims. Staff developed a modified reporting policy for EPL Claims that will be discussed at the April Executive Committee.



AGENDA BILL

Item #: 5 Title: RISK MANAGEMENT ISSUES Meeting: 04/21/2011

General Manager:

Recommended Action:


Item Explanation:

This item is reserved for the discussion of risk management issues that are of concern to the members and for the provision of status updates on the risk management program.

Issues that have been requested to be listed for discussion are set forth below.

1. EPL Claims and mutual aid M.O.U - (Ron Blanquie, City of Petaluma) 2. Contracting with public agencies. (Mark Ferguson, REMIF)

Fiscal Impact:

None.

Exhibits:

None.


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