Published by the Public Risk Management Association www.primacentral.org MAy/June 2011 GeoRGiA Risk MAnAGeR BecoMes PRiMA’s 33Rd PResident Meet cindy Mallett, Aic, cWcP, ARM-P do you see WhAt i see? Interpreting Insurance Policy Language sPeedy coMPlAint systeMs Picking Up the Pace May Open the Door to Liability BlAzinG the tRAils of Risk PRIMA’s 32nd Annual Conference Preview Why do We PAy clAiMs When it seeMs We’ve done nothinG WRonG? seven hABits of A hiGhly effective Risk infoRMAtion systeM The ever-changing world of public sector risk can perplex even the most experienced professionals. That’s why it’s important to partner with an industry expert like OneBeacon Government Risks. With decades of public entity expertise, customizable insurance solutions and industry specific risk management services, our team will help make your entity a safer place to live and work. And when something does go wrong, our dedicated claims team can help you navigate the right solution. To learn more, email: [email protected], logon to onebeacongov.com or visit the PRIMA conference booth # 721. This program may be underwritten by one of the following insurance companies located in Canton, Massachusetts: The Employer’s Fire Insurance Company, OneBeacon American Insurance Company, The Camden Fire Insurance Association and OneBeacon Insurance Company. volume 27, no. 5 | May/June 2011 | www.primacentral.org the Public Risk Management Association promotes effective risk management in the public interest as an essential component of public administration. inteRiM executive diRectoR Marshall Davies, Ph.D. ContEnts PResident Laura Peterson, JD, MPA Director of Risk and Insurance University of Wyoming Laramie, WY PAst PResident Ron Hayes Risk Manager Calcasieu Parish School Board Lake Charles, LA PResident-elect Cindy B. Mallett, AIC, CWCP, ARM-P 6 11 Risk Manager City of Gainesville Gainesville, GA diRectoRs Betty Coulter 6 Georgia Risk Manager Becomes PRIMA’s 33rd President RCiistyk oMf aAnsahgeevmilleent Director Asheville, NC Meet cindy MAllett, Aic, cWcP, ARM-P Matt Hansen, MPA Director, Risk Management Division By Jennifer Ackerman, CAE City & County of San Francisco San Francisco, CA Dan Hurley, CSP, ARM-P, MS 11 do you see WhAt i see? Senior Director, Risk Management & Safety Norfolk Public Schools Interpreting Insurance Policy Language Norfolk, VA Dave Parker, ARM-P By Paree Roper Risk Manager Pima County Sheriff’s Department Tucson, AZ 16 sPeedy coMPlAint systeMs Marilyn Rivers, CPCU, ARM, AIC Director of Risk and Safety Picking Up the Pace May Open the Door to Liability City of Saratoga Springs Saratoga Springs, NY By Jeff Rogers Linda Spacek Interim Director, Human Resources City of San Marcos 18 BlAzinG the tRAils of Risk San Marcos, TX editoR PRIMA’s 32nd Annual Conference Preview Jennifer Ackerman, CAE Senior Manager, Communications By Jennifer Ackerman, CAE 703.253.1267 • [email protected] AdveRtisinG Donna Stigler 23 Why do We PAy clAiMs When it seeMs We’ve 888.814.0022 • [email protected] done nothinG WRonG? Public Risk (ISSN 0891-7183) is published 10 times per year by the Public Risk Management Association, By Bradley York 700 S. Washington St., #218, Alexandria, VA 22314 tel: 703.528.7701 • fax: 703.739.0200 email: [email protected] • Web site: www.primacentral.org 28 seven hABits of A hiGhly effective Risk Opinions and ideas expressed are not necessarily representative of the policies of PRIMA. Subscription rate: $140 per year. Back issue copies for members available for $7 each infoRMAtion systeM ($13 each for non-PRIMA members). All back issues are subject to availability. Apply to the editor for permission to By Lee Mashore reprint any part of the magazine. Periodical postage paid at Alexandria, VA, and additional mailing offices. POSTMASTER: Send address changes to PRIMA, 700 S. Washington St., #218, Alexandria, VA 22314. In EvEry IssuE Copyright 2011 Public Risk Management Association Reprints: Contact the Reprint Outsource at 717.394.7350. 4 News Briefs | 31 Advertiser Index | 32 Member Spotlight May/JunE 2011 | PuBlic Risk 1 W hil e BOvisita t PRI u O s M TH at A # 5 0 1 A Tradition of Consistency “ We’ve enjoyed a reinsurance relationship with Genesis and General Re for more than 20 years. They’re solid and reliable, coming through for us on some big, difficult losses. They’ve also demonstrated their flexibility by working with us on innovative new coverages for our member cities. That’s important to our pool. With Genesis, there are never surprises. We’ve enjoyed a tradition of consistency that the League of Minnesota Cities Insurance Trust needs.” — Peter Tritz, Executive Director Visit our website at www.GenesisGov.com League of Minnesota Cities Insurance Trust Genesis Underwriting Management Company, 120 Long Ridge Rd, Stamford, CT 06902 A.M. Best A++ XV S&P AA+ A Berkshire Hathaway Company Message from PRiMA President laura Peterson a statE of transItIon I t is hard for me to believe a year has passed and it Of particular importance is the selection of individuals is time for me to write my last message to you, my as the future leaders of PRIMA. I applaud your selection friends and fellow PRIMA members. Darren L. and welcome the participation of Regan Rychetsky, from I have relied heavily Johnson said, “To realize the outcomes you want, it the State of Texas, and Eddie Beecher from the City of is critical to recognize and experience the transition Pompano Beach, Florida. Regan and Eddie bring a wealth on and been from our present thoughts, habits and actions to new of knowledge and ideas that will serve PRIMA well in the thankful for the thoughts, habits and actions.” This year has truly been coming years. I hope you will join me in thanking them for one of transition both for me personally and for PRIMA. their willingness to serve. I encourage you to seek out Eddie, wise counsel of my Many of you know that I moved from the state where I Regan and other members of the board to talk with them grew up, went to college, got married, started a family about your ideas for the future of your association. PRIMA colleagues. and learned to be a risk manager to the Wild West. I could not have I have been surprised to find some of the Wild West Finally, at PRIMA’s 2011 Annual Conference, with great stereotypes, particularly that there are no rules and the pleasure and confidence, I turn over the helm to your new made the positive people don’t want any rules, are true. As I faced the president, Cindy Mallett. Cindy is a dedicated PRIMA challenges of implementing a risk management program member, a skilled risk manager and human resources impact I have made in a place where rules and procedures are frowned upon, professional, a thoughtful leader and a cherished personal without each of I have relied heavily on and been thankful for the wise friend. You can read about Cindy in the pages that follow counsel of my PRIMA colleagues. I could not have made but I hope you will take time to build a relationship with you. Whatever the positive impact I have made without each of you. her. I know from personal experience your efforts will be Whatever challenges you face, I hope that you find your rewarded both personally and professionally. challenges you face, membership in PRIMA as valuable as I do as you address I hope that you find and conquer your challenges. One of my favorite lines from Annie is, “How lucky I am to have something that makes saying goodbye so hard.” I am your membership Most of you may not know about the many important blessed to be part of such a wonderful organization and I transitions taking place at PRIMA, but I assure you the know that the future is bright for PRIMA and its members! in PRIMA as transitions, although not outwardly visible, are moving valuable as I do PRIMA from its present thoughts, habits and actions to a Sincerely, bright future that promotes public risk managers and risk as you address management in public entities. I hope you will join me in thanking the current PRIMA board and staff for their and conquer your tireless work investing in PRIMA’s future. Each and every board and staff member has unique skills and they have Laura Peterson, JD, MPA challenges. gone above and beyond the call of duty to ensure PRIMA 2010–2011 PRIMA President is financially sound and capable of meeting the needs and Director of Risk and Insurance exceeding the expectations of its diverse membership. University of Wyoming May/JunE 2011 | PuBlic Risk 3 news Briefs nEws BrIEfs Jfk RunWAy collision sPotliGhts dAnGeRs on the GRound The violent collision between a double-decker Airbus A380 and a regional jet at New York’s John F. Kennedy International Airport is a sobering reminder that the ground can be a dangerous place for an airliner, reports USA Today. Air France Flight 7, flying the largest passenger plane in the world, was taxiing toward takeoff at 8:08 p.m. when its left wing struck the tail of a Comair jet. “Roll the emergency trucks at Mike,” one of the Comair pilots radioed moments after the collision, identifying his location at taxiway Mike. “We’ve been hit by Air France.” None of the passengers on board the two jets were hurt. The pilots on Comair Flight 6293 ordered passengers to make an emergency exit on the tarmac and called for fire trucks, Federal Aviation Administration spokesperson Jim Peters said. The violence of the collision, which appears to have been capable of causing serious damage, indicates that the event needs to be taken seriously, aviation safety experts say. “This was a significant collision that clearly has safety implications,” Bill Voss, president of the non-profit Flight Safety Foundation, said. The NTSB is investigating the collision, spokesperson Keith Holloway says. toWn ends tAseR use By its officeRs Citing liability concerns, Stallings, N.C., abandoned Tasers early this year. Nearby Monroe, N.C., recently added the weapons, and police officers completed training in their use in April, reports the Charlotte Observer. Stallings police have had Tasers since 2008, but the town discontinued them in January to reduce its liability risk, Chief Michael Dummett said, declining to elaborate. He was careful not to criticize Monroe or other cities that choose to use Tasers. “That’s their decision,” said Dummett, who took over as chief in December. “It’s a real sticky issue for a lot of law enforcement.” Tasers are an electronic control device. They use compressed nitrogen to shoot a pair of tethered needlelike probes into the skin to deliver an electric shock that temporarily subdues a person. Nationally, more than 16,000 law enforcement agencies use Tasers, including 579 in North Carolina. It is rare for departments to drop Tasers, said Steve Tuttle, spokesperson for the Arizona-based company. He said only three other agencies stopped using them; none were in North Carolina. And Tuttle dismissed liability concerns: “That’s the last thing we have trouble with.” 4 PuBlic Risk | May/JunE 2011 WWW.PRiMAcentRAl.oRG MountlAke teRRAce, WAsh.: no MedicAl Pot shoPs heRe Anticipating a possible new state law aimed at facilitating the medical marijuana business in Washington, the Mountlake Terrace City Council has adopted a moratorium on such facilities in the north Seattle suburb, reports the Seattle PI. Mountlake Terrace’s new law was adopted in April “as a precaution in case the Washington State Legislature decides to adopt a bill allowing such dispensaries.” At an upcoming public hearing, the City Council will decide whether to continue the ban for the full six-month period or let it expire. The Washington State House passed a bill that would establish a regulatory system hosPitAl sAfety PlAn Will sAve for the medical marijuana business and seek to provide criminal liability protection lives And Money for patients. A hospital patient care and safety initiative aimed at preventing medical errors and hospital-acquired Washington is one of 15 states where pot use for medical purposes is legal. Voters there infections could save thousands of lives and billions of overwhelmingly approved an initiative in 1998. dollars, U.S. government and industry officials said. The goal is to cut preventable hospital-acquired conditions by 40 percent over the next three years, said Health and Human Services (HHS) Secretary Kathleen Sebelius, who announced the initiative with consumer Multi-Line Public Entity Package and industry groups. She said it could result in 1.8 million fewer injuries and saving more than 60,000 lives Provided by an A.M. Best “A” Excellent Rated Carrier over the period, reports Reuters. (Coverage also available as reinsurance) Target Classes They also want to reduce hospital readmissions by • Cities, Townships & Villages 20 percent. • Counties • Scholastic & Higher Education Medicare, which provides medical coverage for about 45 million elderly Americans, could save as much as $50 Program Highlights billion over the next decade, HHS said. • All Lines Basket Aggregate for SIR • Employee Benefits Liability in POL • Clash Cover for SIR • Occurrence & Claims Made Available Sebelius said up to $1 billion in federal funding is being • Unintentional E&O Clause for Property • Broad Incidental Med Mal Offered made available through last year’s health care overhaul • Sexual Abuse & Harassment Covered • No Coinsurance Clause law to help improve patient safety at hospitals. Lines of Coverage Available Law Enforcement Liability • Public Officials • Comprehensive General Liability The Obama administration and Congress are trying to Crime • Automobile • Property • Workers’ Compensation & Employers’ Liability curb runaway health care costs as they grapple with the U.S. budget deficit and debt burden. For additional information, please contact: Sebelius said 500 hospitals had already joined the initiative. Midlands Management Corporation • [email protected] Phone: 800.800.4007 • www.midlandsmgt.com Proudly Serving You Since 1990 May/JunE 2011 | PuBlic Risk 5 GeoRGiA Risk MAnAGeR BecoMes PRiMA’s 33Rd PResident Meet cindy MAllett, Aic, cWcP, ARM-P By Jennifer Ackerman, On Cindy Mallett’s first day as the risk manager for the City of Gainesville, cAe Ga., she was lucky enough to find a “must-do” list on her desk, left behind by her predecessor. she immediately noticed one of the top things on the list was to renew the city’s PRiMA membership. since that day in 2001, Mallett has become in integral part of the Public Risk Management Association’s leadership. on June 8, she will be sworn in as PRiMA’s 2011–2012 president during the 32nd Annual conference in Portland, ore. 6 PuBlic Risk | May/JunE 2011 WWW.PRiMAcentRAl.oRG “When I became actively involved in PRIMA, I found that same spirit among fellow committee members, and, as my involvement grew, among fellow board members, corporate A Risk MAnAGeR is BoRn “In 2007, I was privileged to be chosen for the PRIMA board partners and staff. “I’ve been involved in risk management since 1988,” said of directors. I went on to serve on several other PRIMA These groups give so Mallett. Like many risk managers, Mallett’s early involve- committees while a director. I never imagined that I would ment was not intentional. become PRIMA’s president, and I am humbled and honored willingly of their time to serve this organization that has given me so much.” “I had just begun working in the private sector, in the and talents, and each pipeline construction industry, and was initially tasked with Mallett says that board and committee work has been plays an integral role processing workers’ compensation claims and, later, liability immensely satisfying, primarily because of the people that claims,” she said. “Safety was eventually added to my plate, she has been fortunate enough to encounter. in PRIMA’s success. along with insurance procurement. And like that, a risk manager was born!” “One peek at the PRIMA Cybrary reveals the spirit of sharing that our members demonstrate so willingly,” she In 2001, Mallett joined the public sector as the risk manager said. “When I became actively involved in PRIMA, I for the City of Gainesville. Since she didn’t have any found that same spirit among fellow committee members, experience in public risk management, Mallett did exactly and, as my involvement grew, among fellow board what her predecessor recommended, and renewed her city’s members, corporate partners and staff. These groups give PRIMA membership. so willingly of their time and talents, and each plays an integral role in PRIMA’s success. Networking with “Coming from the private sector, I had never heard of the these individuals and learning from them has been Public Risk Management Association,” she said. “Then a very rewarding.” few weeks later, I was on a plane to Chicago to attend my PuttinG PRiMA to WoRk in GeoRGiA first PRIMA conference. I returned with a briefcase full of valuable session handouts and a stack of business cards Like most local governments, the City of Gainesville’s for risk management professionals that I now call friends. greatest challenge in the last five years has been the impact I’m so glad that I renewed that membership, because of the economic downturn and the resulting decrease in PRIMA—and its members—quickly became my ‘go-to’ tax revenues. Strained funding required the city to freeze resource for addressing risk management challenges.” hiring for a time, implement furloughs and conduct a small number of employee layoffs. GettinG involved Mallett became active in PRIMA first at the chapter level. In “All of this occurred at the same time we combined risk 2003, a group of local risk managers resurrected the defunct management with human resources, so I called on fellow Georgia chapter. Working with James Huckaby, ARM-P, and PRIMA members who also have HR responsibilities to others at PRIMA, Mallett’s group got the chapter back on its talk me through my concerns and to share their experi- feet. Mallett served on the chapter’s board of directors. ences,” said Mallett. “I began my involvement at the national level in 2004, as a Another result of the city’s financial challenges was member of the Chapter Relations Committee, which I later the limited budget available for training and other chaired,” she said. safety programming. May/JunE 2011 | PuBlic Risk 7 Meet cindy Mallett, Aic, cWcP, ARM-P “In 2007, I was privileged to be chosen for the PRiMA board of directors. i went on to serve on several other PRiMA committees while a director. i never imagined that i would become PRiMA’s president, and i am humbled and honored to serve this organization that has given me so much.” “The resources PRIMA offers, through PRIMAtalk, a great source of informative and timely articles, is now the PRIMA Cybrary, and elsewhere, helped bridge the available in an interactive electronic format, so information gap until funding improved,” said Mallett. “Through is always at our fingertips. PRIMA has also joined the PRIMA, I have gained knowledge and skills that helped social networking craze, through our online presence with improve our risk management program, and that helped Facebook and LinkedIn.” me demonstrate and articulate to our decision-makers the value of risk management.” Unfortunately, many members do not take advantage of all that PRIMA has to offer. PuttinG PRiMA to WoRk foR you We all know that risk management is no longer simply “We’ve all experienced the ‘dues-only syndrome’ at buying insurance. Risk managers today must have sharper some point—we pay dues to an organization that looks business acumen than ever before. Recent auditing trends, promising, but then we never actually take advantage of the as well as the financial challenges risk managers have benefits that the organization offers,” said Mallett. “PRIMA experienced, require them to view risk from a broader members are definitely doing themselves a disservice if they perspective. “The savvy risk manager can help his or her don’t try some of the products and services PRIMA offers. entity to understand its appetite for risk, and to think about risk in a more strategic manner,” said Mallett. “Luckily, “I’d like to see a greater number of participants in our that’s where PRIMA comes in.” Webinars,” Mallett continued. “During 2011, PRIMA Webinars are provided to members at no charge. These PRIMA has so many resources available to members that Webinars provide training on a variety of topics that are it is difficult to identify just a few as “the best,” Mallett relevant to today’s risk management practitioner, and are said. One very positive trend is that, in addition to more conducted by industry leaders who know and understand traditional offerings, PRIMA now offers many member the challenges we face.” benefits in an electronic format. The benefit of participation is multiplied when the risk “In today’s environment, many of us have faced shrinking manager invites one or more coworkers to join in. “That’s travel budgets and increasing responsibilities that place really an unbeatable value!” rigorous demands on our time,” she said. “It’s important to have resources, like the PRIMA Cybrary and PRIMAtalk, the yeAR AheAd which can be delivered right to our members’ desktops. As Mallett enters her term as PRIMA president, she knows Another tremendous benefit is the Webinar series, which firsthand the challenges risk managers face today. provides members with free training on a variety of topics, for an unlimited number of viewers—all without leaving “Like my city, I believe that all public entities will continue the office. Even Public Risk magazine, which is always to feel the effects of a slowed economy,” she said. “Risk 8 PuBlic Risk | May/JunE 2011 WWW.PRiMAcentRAl.oRG
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