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Navigating Municipal Liability Risks: Immigration, Outsourcing, and Legal Considerations

Explore the complexities of municipal liability risks including immigration law, outsourcing, and legal implications with insights from expert panelists. Gain valuable insights on risk management strategies and lessons from real-life cases.

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Navigating Municipal Liability Risks: Immigration, Outsourcing, and Legal Considerations

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  1. Fighting (for) City Hall: Exploring, Insuring and Controlling Municipal Liability Risks Washington, D.C. ~ November 7-9, 2007

  2. Fighting (for) City HallPanel Members • MODERATOR: Ruth Moraski, President The Zigmund Company • Maria McGinn, Underwriting Manager Euclid Managers, LLC • Thomas P. McGinnis, Partner Thomas, Thomas & Hafer, LLP • Daniel Pliszka, Manager Risk Management Consulting, Bickmore Risk Services • Rick Savakinas, Claims Manager Scottsdale Insurance Company

  3. Overview • Immigration Law and the ramifications of enforcement or circumvention at the local level • Can municipal governments outsource their responsibility? • Sovereign immunity in cases of risk transfer

  4. Immigration Law Dilemma The rights of municipal governments in immigration enforcement

  5. City of Hazelton • Third Class under PA Law • City Settled by Illegal Immigrants from 2000 to 2006

  6. The Ordinances • Ordinance 2006-13 • Ordinance 2006-18 • Ordinance 2006-19

  7. The Complaint • Aug 15, 2006, Complaint Regarding Illegal Immigration Relief Act Ordinance filed • Trial Set for March 12, 2007

  8. The Issues • Supremacy Clause • Equal Protection • Due Process • Fair Housing Act • 42 U.S.C. 1981 • Plaintiff’s Privacy Rights • PA Landlord and Tenant Act

  9. The Issues cont. • Hazleton’s Municipal Powers • Hazleton’s Legitimate Police Power

  10. The Verdict • Verdict Rendered on July 26, 2007 • Plaintiffs Won • City Appealed

  11. Summary • Laws regarding Immigration are changing – Be Aware • Open communication of all parties is key – Ask ‘What If’ Questions

  12. Outsourcing Are you truly outsourcing your liability?

  13. Outsourcing Contractual Risk Transfer • Identifies exposures • Assigns loss control/prevention responsibilities • Improves efficiency

  14. Outsourcing How can risks be minimized? • Appropriate limits of liability • Indemnification provisions • Proper documentation

  15. Outsourcing and Sovereign Immunity Is there danger of waiving immunity by outsourcing?

  16. Kosciusko County Board of Commissioners • Indiana County Population 80,000 • County Jail

  17. Kosciusko County Board of Commissioners Summary of Case: • North Webster Police Department Arrested Reid for Drunk Driving on 3-15-03 • Reid was a Heavy Drinker and put on Watch at the County Jail

  18. Kosciusko County Board of Commissioners Summary of Case continued: • Defendant Nurse initially Prescribed Lithium for Reid • Reid Collapsed on 3-18-07; CPR was Administered • Reid Died

  19. The Allegations • Count I: Violation of 42 U.S.C. 1983 • Count II: Violation of 42 U.S.C. 1983 • Count III: Wrongful Death Under Indiana Law • Count IV: Medical Negligence Claim Under Indiana Law 

  20. The Issues • Violations of the 14th Amendment,1983 • County Sheriff, County Jail Physician, Nurse, various County Defendants Named • Judge Denied Qualified Immunity • Federal Actions Not Tossed; Fees and Costs Involved

  21. The Settlement • Case Settled for $925K • Travelers and SIC Split 50-50

  22. Summary • Experienced Claims Handling is Important • Be Aware of the Jurisdiction • Understand the Importance of Venues – Federal vs. State • Is Settlement an Option?

  23. Takeaways • Open communication of all parties is key. Ask those important 'what if' questions • Experienced claims handling is important • Is settlement an option? • Everything an entity does encompasses some risk • When in doubt, seek legal counsel

  24. AudienceQ&A

  25. Thank you to … • Maria McGinn • Thomas P. McGinnis • Ruth Moraski • Daniel Pliszka • Rick Savakinas

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