IASCDIASCD

Nov. 19, 2010Nov. 19, 2010

Jim McNallJim McNall ICRMP Loss Control Specialist ICRMP Loss Control Specialist

What is an ICRMP?What is an ICRMP?

Idaho Local Government Risk Idaho Local Government Risk PoolPool

Most of you are membersMost of you are members

Coverage – liability & Coverage – liability & propertyproperty

Loss control assistanceLoss control assistance

ParticipationParticipation

HistoryHistory

KNOW YOUR LIMITSKNOW YOUR LIMITS

Roles & ResponsibilitiesRoles & Responsibilities Authority of Individual Board Authority of Individual Board

members.members.

The board sets policy and exercises its The board sets policy and exercises its authority as a single body, operating in authority as a single body, operating in public meetings preceded by notice.public meetings preceded by notice.

“ “ The supervisors may delegate to their The supervisors may delegate to their chairman, to one (1) or more supervisors, chairman, to one (1) or more supervisors, or to one (1) or more agents, or or to one (1) or more agents, or employees, such powers and duties as they employees, such powers and duties as they may deem proper.” 22-2721(10)may deem proper.” 22-2721(10)

CYA CYA (consult your attorney)(consult your attorney)

Roles & ResponsibilitiesRoles & Responsibilities

Responsibilities of the AttorneyResponsibilities of the Attorney

Legal advisor to the agency.Legal advisor to the agency.

Represents agency in court.Represents agency in court. Other duties prescribed by Board.Other duties prescribed by Board. Using your attorney is expensive, not Using your attorney is expensive, not

using your attorney costs much using your attorney costs much more. more.

Governing Board Governing Board Fiduciary ResponsibilitiesFiduciary Responsibilities

Set the budget and revenue Set the budget and revenue projectionsprojections

Approve all expenditures ***Approve all expenditures *** Set spending and investment policiesSet spending and investment policies Make sure policies are followedMake sure policies are followed Conduct and pay attention to auditConduct and pay attention to audit Be aware of upcoming revenue issues Be aware of upcoming revenue issues

Tort Claims ActTort Claims Act Idaho Code Title 6 Chapter 9Idaho Code Title 6 Chapter 9 Requires your employer toRequires your employer to

Provide attorneyProvide attorney Provide defense and payProvide defense and pay judgment or settlement judgment or settlement

UNLESSUNLESS MaliciousMalicious Criminal intentCriminal intent Outside course and scopeOutside course and scope

Allows public officials to doAllows public officials to do their job without fear of their job without fear of personal liability personal liability

4 Topics of the Act4 Topics of the Act

When is the government liable?When is the government liable? Exceptions to liability.Exceptions to liability. Procedural guidelines.Procedural guidelines. Insurance.Insurance.

Standard of ConductStandard of Conduct

Generally, Generally, negligencenegligence is the is the standard of care.standard of care. I.C. 6-903(a): negligent or otherwise I.C. 6-903(a): negligent or otherwise

wrongful acts or omissions of the entity wrongful acts or omissions of the entity or its employeesor its employees

Governmental Entity is Liable for the Governmental Entity is Liable for the Acts of Its Employees, as long as:Acts of Its Employees, as long as:

Acting within the course and scope of Acting within the course and scope of their employment. I.C. their employment. I.C. § 6-903(a).§ 6-903(a).

Entity has a duty to defend and Entity has a duty to defend and indemnify.indemnify.

If employee acted with malice or If employee acted with malice or criminal intent, governmental entity criminal intent, governmental entity may not be liable. may not be liable.

ICRMP PolicyICRMP Policy

Any elected or appointed official Any elected or appointed official serving as a volunteer or employee of the serving as a volunteer or employee of the named insurednamed insured, as well as any volunteer , as well as any volunteer or employee of the or employee of the named insurednamed insured while while acting within the scope of their duties as acting within the scope of their duties as such. This does not include any appointed such. This does not include any appointed or elected official or employee who is or elected official or employee who is serving the serving the named insurednamed insured as an as an independent contractor.independent contractor.

G/L or E/O $500,000 for tort claimsG/L or E/O $500,000 for tort claims $3,000,000 for non torts/federal claims$3,000,000 for non torts/federal claims $5,000/$10,000 medical payment$5,000/$10,000 medical payment

Open MeetingsOpen Meetings

Purposes of MeetingsPurposes of Meetings Enable action by elected governing Enable action by elected governing

boardboard Carry out statutory obligationsCarry out statutory obligations To reach public agreement on matters To reach public agreement on matters

of local governanceof local governance To hear from members of the public***To hear from members of the public*** To explain why local government acts To explain why local government acts

or considers acting or won’t actor considers acting or won’t act

Open Meeting Law Open Meeting Law BasicsBasics

Governs all meetings at which a quorum Governs all meetings at which a quorum will be present to engage in deliberationswill be present to engage in deliberations

Types of meetings – regular, special or Types of meetings – regular, special or emergencyemergency

Require agenda, minutes, Require agenda, minutes, nondiscriminatory place to meetnondiscriminatory place to meet

ADA requires accessibility and ADA requires accessibility and accommodation for those with special accommodation for those with special needsneeds

The RULESThe RULES All meetings of a Government All meetings of a Government

Body shall be open to the Body shall be open to the Public (unless exception Public (unless exception allows)allows)

No decisions shall be made by No decisions shall be made by secret ballotsecret ballot

No meeting shall be made No meeting shall be made where discrimination is where discrimination is practiced on the basis of race, practiced on the basis of race, creed, color, sex, age or creed, color, sex, age or national origin. national origin. {Idaho Code {Idaho Code § 67-2342}§ 67-2342}

The POLICYThe POLICY Formulation of Public Policy Formulation of Public Policy

is Public Business and Shall is Public Business and Shall Not Be Conducted in Secret Not Be Conducted in Secret

{Idaho Code {Idaho Code § 67-2340§ 67-2340}}

DDefinitionsefinitions::

MEETING: MEETING: Convening of Convening of

the the governing governing

boardboard

GOVERNING:GOVERNING:

- Elected Board- Elected Board- - Appointed BoardAppointed Board - - Advisory GroupAdvisory Group - Committees- Committees - Sub – Committees- Sub – Committees - Study Groups- Study Groups

DELIBERATION:DELIBERATION: The receipt or The receipt or exchange of exchange of

information relating to information relating to a decision. NOT talk a decision. NOT talk about the weather.about the weather.

DECISION:DECISION:

A public policy A public policy action. action.

Quorum – Quorum – Don’t bet on it!Don’t bet on it!

Meeting NoticesMeeting Notices Regular Meetings:Regular Meetings:

Post notice 5 calendar days in advancePost notice 5 calendar days in advance

Publish annually (post continually)Publish annually (post continually)

Ordinance for cities or counties (still post)Ordinance for cities or counties (still post)

Special / Executive Meetings:Special / Executive Meetings:24-hour notice24-hour notice

Include statutory authority for executive Include statutory authority for executive session-only session-only meetingmeeting

Emergency Meetings:Emergency Meetings:Requires good faith effort to notify Requires good faith effort to notify

governing board governing board members and media if requestedmembers and media if requested

AGENDASAGENDASAn agenda is required for each meeting.An agenda is required for each meeting.

Posted same as meeting noticePosted same as meeting notice

Posted 48 hours (or 24 hours for “special” Posted 48 hours (or 24 hours for “special” meeting)meeting)

Only “good faith” amendmentsOnly “good faith” amendments

Motion and vote required for amendments Motion and vote required for amendments made within 48 hours of, or during, the made within 48 hours of, or during, the meeting to include a good faith reason meeting to include a good faith reason

MINUTESMINUTES (1) All minutes shall be available to (1) All minutes shall be available to

the public within a reasonable time after the public within a reasonable time after the meeting, and shall include at least the meeting, and shall include at least the following information:the following information:

(a) All members of the governing (a) All members of the governing body present;body present;

(b) All motions, resolutions, orders, (b) All motions, resolutions, orders, or ordinances and their disposition;or ordinances and their disposition;

(c) The results of all votes, and (c) The results of all votes, and upon the request of a member, the vote upon the request of a member, the vote of each member, by name.of each member, by name.

MINUTES – EXECUTIVE MINUTES – EXECUTIVE SESSIONSESSION

(2) Minutes pertaining to an (2) Minutes pertaining to an executive session shall include a executive session shall include a reference to the specific statutory reference to the specific statutory subsection authorizing the executive subsection authorizing the executive session and shall also provide session and shall also provide sufficient detail to identify the purpose sufficient detail to identify the purpose and topic of the executive session but and topic of the executive session but shall not contain information sufficient shall not contain information sufficient to compromise the purpose of going to compromise the purpose of going into executive session. (2009)into executive session. (2009)

TTele - ele - MMeetingseetings

Now specifically allowed - I.C. Now specifically allowed - I.C. §§ 67- 67-2345(5) 2345(5)

One person must be present at site One person must be present at site where meeting is advertisedwhere meeting is advertised

System must be set up so that all System must be set up so that all members can participate and the members can participate and the public can hearpublic can hear

Executive Session Executive Session RulesRules

May occur during regular or special May occur during regular or special meetings.meetings.

Require approval of two-thirds by roll Require approval of two-thirds by roll call vote & recorded in the minutes.call vote & recorded in the minutes.

Both the motion to go into executive Both the motion to go into executive session and the minutes must state session and the minutes must state the specific statutory authorization the specific statutory authorization for the executive session and the for the executive session and the topic.topic.

Sample MotionSample Motion

For example:For example:

I move that we go into executive I move that we go into executive session pursuant to Idaho Code 67-session pursuant to Idaho Code 67-2345(1)(a) to consider hiring a public 2345(1)(a) to consider hiring a public employee (officer, staff member or employee (officer, staff member or individual agent).individual agent).

Executive SessionExecutive SessionMost common uses: Most common uses:

I.C. §67-2345I.C. §67-2345 Personnel selection and evaluation (a) and Personnel selection and evaluation (a) and

(b) (b) Acquire interest in real property (c)Acquire interest in real property (c) Consider records exempt from disclosure (d)Consider records exempt from disclosure (d) Discuss litigation – with your attorney (f)Discuss litigation – with your attorney (f) Consider claims or potential claims – with Consider claims or potential claims – with

your risk manager or insurer (j)your risk manager or insurer (j)

EExecutive xecutive SSessionession

WWho can attend?ho can attend?

All All “Governing Board”“Governing Board” members members

Anyone else that Governing Board Anyone else that Governing Board members wish to attend.members wish to attend.

May have witnesses come and go as May have witnesses come and go as neededneeded

EExecutive xecutive SSessionessionWWays to get in trouble:ays to get in trouble: Going into executive session when you Going into executive session when you

shouldn’t.shouldn’t.

Not using executive session when you Not using executive session when you should.should.

Straying from the subject while in Straying from the subject while in executive session.executive session.

Disclosing information to others.Disclosing information to others.

ViolationsViolations Failure to comply with the provisions of Failure to comply with the provisions of

Idaho Code §§ 67‑2340 through Idaho Code §§ 67‑2340 through 67‑2346 renders the action null and 67‑2346 renders the action null and void. void.

Any member who participates in a Any member who participates in a meeting that violates these provisions meeting that violates these provisions will be subject to a civil penalty.will be subject to a civil penalty.

up to $50 up to $50 up to $500 for “knowingly” participatingup to $500 for “knowingly” participating up to $500 if subsequent to previous up to $500 if subsequent to previous

violation within last 12 monthsviolation within last 12 months

Idaho Code § 67-2347

CURING VIOLATIONSCURING VIOLATIONS Either self-recognition or written notice Either self-recognition or written notice

of an alleged violationof an alleged violation

If a violation - determine within 14 days If a violation - determine within 14 days and acknowledge the violationand acknowledge the violation

Then 14 days to void that action or Then 14 days to void that action or actionsactions

A cure acts as a bar to the civil penaltyA cure acts as a bar to the civil penalty

ADA VerbiageADA Verbiagefor the bottom offor the bottom of

Entity Open Meeting AgendaEntity Open Meeting Agenda

Any person needing special accommodations to participate in the above noticed meeting should contact (the agency office) ___ days prior to the meeting at (phone) and (address).

Ethics and Conflict of Ethics and Conflict of InterestInterest

oror

How to stay out of jail!How to stay out of jail!

ETHICS/CONFLICT OF ETHICS/CONFLICT OF INTERESTINTEREST

Idaho Ethics in Government ActIdaho Ethics in Government Act—Idaho Code Title 59, Chapter 7—Idaho Code Title 59, Chapter 7

Prohibits public officials (elected, Prohibits public officials (elected, appointed or staff) from taking any appointed or staff) from taking any official action or making a decision official action or making a decision or recommendation on any matter or recommendation on any matter where the official has a conflict of where the official has a conflict of interest interest andand has failed to disclose has failed to disclose the conflict of interestthe conflict of interest..

ETHICS/CONFLICT OF ETHICS/CONFLICT OF INTERESTINTEREST

Idaho Ethics in Government ActIdaho Ethics in Government Act—Idaho Code Title 59, Chapter 7—Idaho Code Title 59, Chapter 7 What is a conflict of interest? What is a conflict of interest?

Any official action, decision or Any official action, decision or recommendation by a public official recommendation by a public official (elected, appointed or staff), which (elected, appointed or staff), which would be to the would be to the private financial benefitprivate financial benefit of the individual or a member of their of the individual or a member of their household, or a business with which the household, or a business with which the person or a member of their household person or a member of their household is associated.is associated.

ETHICS/CONFLICT OF ETHICS/CONFLICT OF INTERESTINTEREST

Prohibition on Contracts with Prohibition on Contracts with OfficersOfficers

Idaho Code 59-201:Idaho Code 59-201:

““Members of the legislature, state, Members of the legislature, state, county, city, district and precinct county, city, district and precinct officers, must not be interested in officers, must not be interested in any contract made by them in their any contract made by them in their official capacity, or by any body or official capacity, or by any body or board of which they are members.”board of which they are members.”

CRIMINAL ACTIONSCRIMINAL ACTIONS

Bribery & Corrupt Influence Act—Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13Idaho Code Title 18, Chapter 13 Public officials are prohibited from Public officials are prohibited from

accepting gifts, but there are a few accepting gifts, but there are a few exceptions:exceptions:

Fees prescribed by law to be received by a Fees prescribed by law to be received by a public servant or other benefits for which public servant or other benefits for which the recipient gives legitimate consideration the recipient gives legitimate consideration or is otherwise legally entitled.or is otherwise legally entitled.

Gifts from family, friends, or business Gifts from family, friends, or business acquaintances.acquaintances.

Trivial gifts under $50 in value involving no Trivial gifts under $50 in value involving no risk of undermining official impartiality. risk of undermining official impartiality.

CRIMINAL ACTIONSCRIMINAL ACTIONS Bribery & Corrupt Influence Act—Idaho Bribery & Corrupt Influence Act—Idaho

Code Title 18, Chapter 13Code Title 18, Chapter 13 Prohibited ActsProhibited Acts

Bribery, Threats & Improper InfluenceBribery, Threats & Improper Influence Compensation/Retaliation for Past ActionsCompensation/Retaliation for Past Actions Compensating Public ServantsCompensating Public Servants Buying/Selling Political Endorsement or InfluenceBuying/Selling Political Endorsement or Influence Using city funds or property for economic benefit Using city funds or property for economic benefit

without specific authorization from the city.without specific authorization from the city. Using or disclosing confidential information for Using or disclosing confidential information for

economic benefit.economic benefit.

No defense: Not in office yet, or lacked No defense: Not in office yet, or lacked jurisdiction.jurisdiction.

CRIMINAL ACTIONSCRIMINAL ACTIONS

Bribery & Corrupt Influence Act—Idaho Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13Code Title 18, Chapter 13

NepotismNepotism

No public official may appoint or recommend No public official may appoint or recommend a relative within the second degree if they a relative within the second degree if they are to .be paid be public funds. (slave labor are to .be paid be public funds. (slave labor is OK)is OK)

Relatives within the 2Relatives within the 2ndnd degree include: degree include: spouses, parents, siblings, children, spouses, parents, siblings, children, grandparents, grandchildren, cousins, aunts grandparents, grandchildren, cousins, aunts & uncles, nieces & nephews. & uncles, nieces & nephews.

TTHE HE BBASIC ASIC RRULEULE

PUBLIC RECORD: printed material, notes, handwriting, audio, video, computer data, maps, etc.

INSPECT: listen to, read, view, make notes, may not alter or damage records

COPY: any method that does not alter record

ADDITIONAL:-must provide certified copy if requested -may not ask why records are wanted-may ask for request, address & phone number in writing-agency may (should) establish fee schedule (actual cost only)

PPUBLIC UBLIC RRECORDS & ECORDS & PPRIVACYRIVACY

Must Respond to Request for Record in

3 days (I.C. § 9-339)

Must grant or deny within 3 days of request for information.

1. If it will take longer than 3 days to respond - must notify requester in writing.

2. Then have up to 10 days to provide records.

3. Fail to respond – deemed denied in 10 days.

4. Must notify of denial or partial denial in writing.

5. Denial must include agency attorney contact and provide notice of right to appeal and appeal period.

PPUBLIC UBLIC RRECORDS & ECORDS & PPRIVACYRIVACY

RRecords Exempt from ecords Exempt from Disclosure. {Disclosure. {§ 9-340}§ 9-340}

AAgency has an Obligation gency has an Obligation to Separate Exempt and to Separate Exempt and Non-Exempt Records. {Non-Exempt Records. {§ 9-§ 9-341}341}

AAccess to Record About ccess to Record About Person by Person. {Person by Person. {§ 9-343}§ 9-343}

EEnforcement Rights to nforcement Rights to Inspect Records. Inspect Records.

{{§ 9-343}§ 9-343}

BBad Faith Denial of ad Faith Denial of Record – Possible civil fine Record – Possible civil fine up to $1000. {up to $1000. {§ 9-345}§ 9-345}

IImmunity of any Public mmunity of any Public Official for Actions based Official for Actions based upon good faith attempt upon good faith attempt to comply - Consult with to comply - Consult with Agency Attorney. {Agency Attorney. {§ 9-§ 9-346}346}

PProhibition against rohibition against selling or mailing selling or mailing telephone lists. {telephone lists. {§ 9348}§ 9348}

Records of appraisals of real property, timber, or Records of appraisals of real property, timber, or mineral rights for purchase, sale or lease by an mineral rights for purchase, sale or lease by an entity.entity.

Estimates of costs for public projects prior to Estimates of costs for public projects prior to award.award.

Computer programs – not to include data.Computer programs – not to include data. Law Enforcement investigatory records. {Law Enforcement investigatory records. {§§ 9.335} 9.335} Indigent care records.Indigent care records. Records identifying persons with a reportable Records identifying persons with a reportable

disease. disease. Medical, psychiatric, or counseling records.Medical, psychiatric, or counseling records. Personnel records.Personnel records. Records relating to workers compensation Records relating to workers compensation

claims.claims. Information relating to ICRMP claims or Information relating to ICRMP claims or

potential claims.potential claims.

PPUBLIC UBLIC RRECORDS & ECORDS & PPRIVACYRIVACY§ § 9-340. Records Exempt from 9-340. Records Exempt from

Disclosure:Disclosure:

Information Information

Open meetingsOpen meetings http://www2.state.id.us/ag/manuals/openmeeti

ng.pdf Public recordsPublic records

http://www2.state.id.us/ag/manuals/publicrecords.pdf

Ethics/Conflicts of InterestEthics/Conflicts of Interest http://www2.state.id.us/ag/manuals/ethicsingo

vernment.pdf