IASCD Nov. 19, 2010 Jim McNall ICRMP Loss Control Specialist

1. IASCDNov. 19, 2010Jim McNall ICRMP Loss Control Specialist

2. What is an ICRMP? Idaho Local Government Risk Pool Most of you are members Coverage – liability & property Loss control assistance Participation History

3. KNOW YOUR LIMITS • Roles & Responsibilities • Authority of Individual Board members. • The board sets policy and exercises its authority as a single body, operating in public meetings preceded by notice. • “ The supervisors may delegate to their chairman, to one (1) or more supervisors, or to one (1) or more agents, or employees, such powers and duties as they may deem proper.” 22-2721(10)

4. CYA (consult your attorney) • Roles & Responsibilities • Responsibilities of the Attorney • Legal advisor to the agency. • Represents agency in court. • Other duties prescribed by Board. • Using your attorney is expensive, not using your attorney costs much more.

5. Governing Board Fiduciary Responsibilities • Set the budget and revenue projections • Approve all expenditures *** • Set spending and investment policies • Make sure policies are followed • Conduct and pay attention to audit • Be aware of upcoming revenue issues

6. Tort Claims Act Idaho Code Title 6 Chapter 9 Requires your employer to Provide attorney Provide defense and pay judgment or settlement UNLESS Malicious Criminal intent Outside course and scope Allows public officials to do their job without fear of personal liability

7. 4 Topics of the Act • When is the government liable? • Exceptions to liability. • Procedural guidelines. • Insurance.

8. Standard of Conduct • Generally, negligence is the standard of care. • I.C. 6-903(a): negligent or otherwise wrongful acts or omissions of the entity or its employees

9. Governmental Entity is Liable for the Acts of Its Employees, as long as: • Acting within the course and scope of their employment. I.C. § 6-903(a). • Entity has a duty to defend and indemnify. • If employee acted with malice or criminal intent, governmental entity may not be liable.

10. ICRMP Policy • Any elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the scope of their duties as such. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor. • G/L or E/O $500,000 for tort claims • $3,000,000 for non torts/federal claims • $5,000/$10,000 medical payment

11. Open Meetings

12. Purposes of Meetings Enable action by elected governing board Carry out statutory obligations To reach public agreement on matters of local governance To hear from members of the public*** To explain why local government acts or considers acting or won’t act

13. Open Meeting Law Basics Governs all meetings at which a quorum will be present to engage in deliberations Types of meetings – regular, special or emergency Require agenda, minutes, nondiscriminatory place to meet ADA requires accessibility and accommodation for those with special needs

14. The RULES All meetings of a Government Body shall be open to the Public (unless exception allows) No decisions shall be made by secret ballot No meeting shall be made where discrimination is practiced on the basis of race, creed, color, sex, age or national origin. {Idaho Code § 67-2342} The POLICY Formulation of Public Policy is Public Business and Shall Not Be Conducted in Secret {Idaho Code § 67-2340}

15. Definitions: MEETING: Convening of the governing board GOVERNING: - Elected Board - Appointed Board - Advisory Group - Committees - Sub – Committees - Study Groups DELIBERATION: The receipt or exchange of information relating to a decision. NOT talk about the weather. DECISION: A public policy action. Quorum – Don’t bet on it!

16. Meeting Notices Regular Meetings: Post notice 5 calendar days in advance Publish annually (post continually) Ordinance for cities or counties (still post) Special / Executive Meetings: 24-hour notice Include statutory authority for executive session-only meeting Emergency Meetings: Requires good faith effort to notify governing board members and media if requested

17. AGENDAS An agenda is required for each meeting. • Posted same as meeting notice • Posted 48 hours (or 24 hours for “special” meeting) • Only “good faith” amendments • Motion and vote required for amendments made within 48 hours of, or during, the meeting to include a good faith reason

18. MINUTES (1) All minutes shall be available to the public within a reasonable time after the meeting, and shall include at least the following information: (a) All members of the governing body present; (b) All motions, resolutions, orders, or ordinances and their disposition; (c) The results of all votes, and upon the request of a member, the vote of each member, by name.

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

20. Tele - Meetings Now specifically allowed - I.C. § 67-2345(5) One person must be present at site where meeting is advertised System must be set up so that all members can participate and the public can hear

21. Executive Session Rules May occur during regular or special meetings. Require approval of two-thirds by roll call vote & recorded in the minutes. Both the motion to go into executive session and the minutes must state the specific statutory authorization for the executive session and the topic.

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

23. Executive Session Most common uses: I.C. §67-2345 Personnel selection and evaluation (a) and (b) Acquire interest in real property (c) Consider records exempt from disclosure (d) Discuss litigation – with your attorney (f) Consider claims or potential claims – with your risk manager or insurer (j)

24. Executive Session Who can attend? All “Governing Board” members Anyone else that Governing Board members wish to attend. May have witnesses come and go as needed

25. Executive Session Ways to get in trouble: Going into executive session when you shouldn’t. Not using executive session when you should. Straying from the subject while in executive session. Disclosing information to others.

26. Violations Idaho Code § 67-2347 • Failure to comply with the provisions of Idaho Code §§ 67‑2340 through 67‑2346 renders the action null and void. • Any member who participates in a meeting that violates these provisions will be subject to a civil penalty. • up to $50 • up to $500 for “knowingly” participating • up to $500 if subsequent to previous violation within last 12 months

27. CURING VIOLATIONS Either self-recognition or written notice of an alleged violation If a violation - determine within 14 days and acknowledge the violation Then 14 days to void that action or actions A cure acts as a bar to the civil penalty

28. ADA Verbiagefor the bottom ofEntity 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).

29. Ethics and Conflict of Interest or How to stay out of jail!

30. ETHICS/CONFLICT OF INTEREST • Idaho Ethics in Government Act—Idaho Code Title 59, Chapter 7 • Prohibits public officials (elected, appointed or staff) from taking any official action or making a decision or recommendation on any matter where the official has a conflict of interest and has failed to disclose the conflict of interest.

31. ETHICS/CONFLICT OF INTEREST • Idaho Ethics in Government Act—Idaho Code Title 59, Chapter 7 • What is a conflict of interest? • Any official action, decision or recommendation by a public official (elected, appointed or staff), which would be to the private financial benefit of the individual or a member of their household, or a business with which the person or a member of their household is associated.

32. ETHICS/CONFLICT OF INTEREST • Prohibition on Contracts with Officers • Idaho Code 59-201: “Members of the legislature, state, county, city, district and precinct officers, must not be interested in any contract made by them in their official capacity, or by any body or board of which they are members.”

33. CRIMINAL ACTIONS • Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13 • Public officials are prohibited from accepting gifts, but there are a few exceptions: • Fees prescribed by law to be received by a public servant or other benefits for which the recipient gives legitimate consideration or is otherwise legally entitled. • Gifts from family, friends, or business acquaintances. • Trivial gifts under $50 in value involving no risk of undermining official impartiality.

34. CRIMINAL ACTIONS • Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13 • Prohibited Acts • Bribery, Threats & Improper Influence • Compensation/Retaliation for Past Actions • Compensating Public Servants • Buying/Selling Political Endorsement or Influence • Using city funds or property for economic benefit without specific authorization from the city. • Using or disclosing confidential information for economic benefit. • No defense: Not in office yet, or lacked jurisdiction.

35. CRIMINAL ACTIONS • Bribery & Corrupt Influence Act—Idaho Code Title 18, Chapter 13 • Nepotism • No public official may appoint or recommend a relative within the second degree if they are to .be paid be public funds. (slave labor is OK) • Relatives within the 2nd degree include: spouses, parents, siblings, children, grandparents, grandchildren, cousins, aunts & uncles, nieces & nephews.

36. THE BASIC RULE • 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)

37. PUBLIC RECORDS & PRIVACY Must Respond to Request for Record in 3 days (I.C. § 9-339) Must grant or deny within 3 days of request for information. If it will take longer than 3 days to respond - must notify requester in writing. Then have up to 10 days to provide records. Fail to respond – deemed denied in 10 days. Must notify of denial or partial denial in writing. Denial must include agency attorney contact and provide notice of right to appeal and appeal period.

38. PUBLIC RECORDS & PRIVACY Records Exempt from Disclosure. {§ 9-340} Agency has an Obligation to Separate Exempt and Non-Exempt Records. {§ 9-341} Access to Record About Person by Person. {§ 9-343} Enforcement Rights to Inspect Records. {§ 9-343} Bad Faith Denial of Record – Possible civil fine up to $1000. {§ 9-345} Immunity of any Public Official for Actions based upon good faith attempt to comply - Consult with Agency Attorney. {§ 9-346} Prohibition against selling or mailing telephone lists. {§ 9348}

39. Records of appraisals of real property, timber, or mineral rights for purchase, sale or lease by an entity. Estimates of costs for public projects prior to award. Computer programs – not to include data. Law Enforcement investigatory records. {§ 9.335} Indigent care records. Records identifying persons with a reportable disease. Medical, psychiatric, or counseling records. Personnel records. Records relating to workers compensation claims. Information relating to ICRMP claims or potential claims. PUBLIC RECORDS & PRIVACY § 9-340. Records Exempt from Disclosure:

40. Information Open meetings http://www2.state.id.us/ag/manuals/openmeeting.pdf Public records http://www2.state.id.us/ag/manuals/publicrecords.pdf Ethics/Conflicts of Interest http://www2.state.id.us/ag/manuals/ethicsingovernment.pdf