JANUARY/FEBRUARY/MARCH 2025 | Volume 41, No. 1 | www.primacentral.org
Don’t Hire the Perp: Avoiding Common Pitfalls During the Recruitment Process
By Jill Ostrove, Esq.
By Mark S. Williams & Melina Griss
The Public Risk Management Association promotes effective risk management in the public interest as an essential component of public administration.
PRESIDENT
Adam F. Maxwell, CLRP
Manager of Risk and Safety City of Westerville Westerville, OH
PAST PRESIDENT
Laurie T. Olson
Risk Manager
Clean Water Services Hillsboro, OR
PRESIDENT-ELECT
Steve M. LePock, II
Risk Manager
Virginia Beach City Public Schools
Virginia Beach, VA
DIRECTORS
Sean Barham, MBA, ARM
Executive Director of Risk Management and Health Services
Las Cruces Public Schools
Las Cruces, NM
Cathie T. Chancellor, JD, MS, CRM
Risk Manager
City of Norfolk Norfolk, VA
Joe Costamagna
Risk Manager
Schools Insurance Authority
Santa Rosa, CA
Chester Darden
Director of Loss Control
Public Entity Partners Franklin, TN
Jennifer Hood, COSS
Safety & Risk Director
Montgomery County Government Clarksville, TN
Robert Warren, CRM
Risk Manager
Trinity River Authority of Texas Austin, TX
NON-VOTING DIRECTOR
Jennifer Ackerman, CAE
Chief Executive Officer
Public Risk Management Association
Alexandria, VA
EDITOR
Nick Baker
703.528.7701
nbaker@primacentral.org
ADVERTISING
Nick Baker
703.528.7701 nbaker@primacentral.org
Public Risk is published 4 times per year by the Public Risk Management Association, 700 S. Washington St., #218, Alexandria, VA 22314 tel: 703.528.7701 • fax: 703.739.0200 email: info@primacentral.org • Web site: www.primacentral.org
Opinions and ideas expressed are not necessarily representative of the policies of PRIMA.
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POSTMASTER: Send address changes to PRIMA, 700 S. Washington St., #218, Alexandria, VA 22314. Copyright 2025 Public Risk Management Association
APRIL 16 | 12:00 PM – 1:00 PM ET
SPEAKER: Robert Warren, CRM, Manager, Risk & Safety, Trinity River Authority of Texas
This webinar will provide attendees with an overview of risk management. They will also walk away with more insight into the role risk management plays in the public sector and how to be successful as risk management professionals.
ATTENDEE TAKEAWAYS:
IAre You Registered for PRIMA25 Yet?
hope that you’ve had a wonderful beginning to 2025! A new year brings new opportunities and challenges.
Like many of you, I’ve spent a lot of time planning out training programs, site visits, and plan renewals. In addition to these professional considerations, I’ve also taken time to reflect on the many great personal experiences that my family had last year and the fun and rewarding opportunities that we are planning for this year.
In January, many of you participated in the Emerging Tech and Risk Symposium that was held virtually. The symposium provided information on up-and-coming technology and, perhaps even more importantly, techniques to minimize threats to assets and people. The feedback we’ve received has been positive!
As we look forward to the summer, I hope you’re making plans to attend PRIMA 2025, which will take place in Seattle, June 1–4. As always, there will be top-notch keynote speakers, as well as a wide array of educational programming and social activities. I’ve already heard from many of my colleagues that they intend to lengthen their stay to enjoy the many outdoor benefits that the Pacific Northwest has to offer! If you haven’t already registered, be sure to do so by April 7 to take advantage of Early Bird registration rates. Visit conference. primacentral.org to sign up.
On another note, PRIMA Institute (PI) will take place in Columbus, OH, October 20 – 24. PI is the go-to training program for risk professionals at any stage of their career.
As we look forward to the summer, I hope you’re making plans to attend PRIMA 2025, which will take place in Seattle, June 1–4. As always, there will be top-notch keynote speakers, as well as a wide array of educational programming and social activities.
Whether you’re just starting out or have years of experience, PI gives you the latest insights, best practices, and practical strategies to help you stay ahead in the field. Registration opens in June, so be sure to watch your inbox for more details.
Finally, I’ve had the opportunity to attend several state and local chapter conferences over the past few months and I have a few more
visits planned for spring. I hope to see you in Seattle in June, if not sooner!
Sincerely,
Adam Maxwell PRIMA President
2024–2025
NEWS Briefs
SCHOOL SOFTWARE COMPANY TARGET OF LATEST MASS DATA BREACH
PowerSchool, which has 16,000 customers, is used by more than 50 million students. Hackers gained access to inform ation about them and their parents, receiving ransom to prevent leaks of the stolen data.
By Paige Gross, Wisconsin Examiner
The sensitive data of millions of American adults and children have been compromised after hackers targeted California-based education software company PowerSchool, the company confirmed last week.
The breach happened at the end of December, and new information confirmed by TechCrunch Thursday morning says that hackers were able to access student addresses, Social Security numbers, grades and medical information on the platform, which schools use for student records, grades, attendance and enrollment.
The names, phone numbers and emails of parents and guardians were also potentially compromised, the company said. Hackers were able to use a stolen credential, or login, to access the internal customer support portal, the company said. PowerSchool currently has 16,000 customers, and is used by more than 50 million students across North America, the company confirmed.
The incident is the latest large-scale data breach in the U.S., as year after year, the number of cyber crimes continues to rise.
The FBI’s Internet Crime Complaint Center recorded 880,418 complaints in 2023, a 10% increase from the complaints registered the year prior, and nearly double the number of crimes reported in 2019. The agency estimates potential monetary losses due to cyber crime since 2019 to be $37.4 billion.
PowerSchool’s breach is an example of how cyber criminals profit — the company said
it was extorted into paying a sum to prevent hackers from leaking the stolen data, though it did not say how much.
The hackers’ method of using legitimate credentials to access the internal software is much more common than you might think, said Rob Scott, Dallas-based managing partner of technology law firm Scott & Scott LLP. When people think about hacking, they likely picture automated attacks that pass through logins and passwords, he said.
Many breaches come from accounts purchased on the so-called Dark Web, a vast expanse of the Internet that is inaccessible to most conventional browsers, Scott said.
“Or employee negligence situations … poor password management, or IT policies around managing and keeping passwords safe and confidential,” he said.
This incident was not an example of a ransomware attack, where hackers use software or malware to encrypt data on a computer, and prevent users from accessing their device. There were 2,835 ransomware crimes in 2023, and healthcare, manufacturing and government facilities were most targeted.
But the motivation for the majority of cyber crimes is financial, Scott said.
“People used to pickpocket, right? People used to rob banks,” Scott said. “Cybersecurity is the modern equivalent of those types of activities.”
Read more: https://www.governing.com/managementand-administration/school-software-companytarget-of-latest-mass-data-breach
WILL INSURANCE COVER THE FIRE NEXT TIME?
Insurance companies were fleeing fire-prone parts of California even before the disaster in Los Angeles. Policymakers are under pressure to find solutions as the risks grow.
By Jared Brey, Governing magazine
Mortgage lending, municipal bond ratings, home insurance: It’s been clear to climate researchers for years that one of these interrelated financial instruments would eventually start to buckle under the weight of growing climate risks.
For a time, it looked like bond ratings might be the first chip to fall, says Thomas Ruppert, the assistant provost for coastal resilience at the College of William & Mary in Virginia. Nearly a decade ago, ratings agencies were warning coastal cities to invest in climate resilience or see their credit ratings downgraded. But it’s become clear in the last couple of years that the insurance industry is scrambling to get out of places that are especially prone to extreme weather. Last year, insurers State Farm and Allstate both announced they were pulling back on writing new policies in California, partly because of growing wildfire risks. The growing likelihood of massive property destruction, on the scale seen in the Los Angeles wildfires of the last few weeks, exposes
insurance companies to bigger losses and makes it harder for them to turn a profit.
“If there’s increasing risk, there is increasing cost,” Ruppert says. “The question is, who pays that cost?”
Insurers began raising rates and dropping coverage around California after the devastating wildfire seasons of 2017 and 2018, says Carolyn Kousky, associate vice president for economics and policy at the Environmental Defense Fund. Those years saw the most destructive fires in the state’s history, including the 2018 Camp Fire, which killed 85 people and destroyed the town of Paradise, Calif. It remains to be seen what records will be set by the fires still smoldering in Los Angeles, but there’s little precedent for the scale of property destruction that’s occurred in some of the dense neighborhoods affected by the fires. For insurers, “I think it’s going to make them continue to question the profitability of operating” in wildfire-prone areas, says Kousky.
But the implications — for homeowners, tenants, communities and policymakers — go far beyond the insurance industry.
“The stark reality we have to face is that we have not decarbonized at the scale we need. So we are locked into growing risk,” Kousky says.
Policymakers have labored to keep residents insured. At the urging of the insurance industry, California has recently made a series of changes allowing companies to set premium prices using factors like reinsurance costs and catastrophe models. That has allowed companies to raise premiums.
“The question now is, are those regulatory changes enough, given the growing risk?” Kousky says. “What we’re really going to see now is how much the challenges were regulatory in nature and how much the risk was simply too high.”
One thing insurance companies haven’t done consistently is factor property-level mitigation measures into premium costs. In response to fire or flood risk, property owners have sometimes invested in improvements that lower the chance of damage, only to see their premiums still raised or their coverage dropped altogether. Officials are urging companies to account for those efforts when setting premiums and offering coverage.
Still, “a lot of the kinds of risks that we’re talking about when we talk about big disasters are ones that individuals haven’t caused and can’t mitigate on their own,” says Moira Birss, a senior fellow with the progressive Climate and Community Institute.
In the wake of the L.A. fires, both California Gov. Gavin Newsom and L.A. Mayor Karen Bass have said they plan to waive certain permitting requirements to help communities rebuild homes and businesses more quickly. It’s understandable for elected officials to want to help communities restore normalcy as quickly as possible, Birss says. But to some degree it’s “short-sighted” to promote rebuilding in these communities without substantially rethinking how and where structures are built.
Read more: https://www.governing.com/policy/willinsurance-cover-the-fire-next-time
DON’T HIRE
THE PERP: Avoiding Common Pitfalls
During the Recruitment Process
BY JILL OSTROVE, ESQ.
HIRING THE BEST CANDIDATE IS NOT ONLY IMPORTANT for employee retention, but critical to ensuring that yourself, your employees, and your organization remain safe and free from avoidable claims and suits.
This article highlights the four easy steps every employer should take to safeguard their organization, as well as how to avoid common pitfalls and mistakes.
STEP 1: UPDATED, STATESPECIFIC JOB APPLICATIONS
Job applications are an important tool employers should use during recruitment. Employers must be consistent in recruiting efforts and ensure every applicant completes an application.
For job applications:
• Don’t ask for an applicant’s date of birth, age, race, national origin, religion, gender, or other protected characteristics.
• Know your state’s laws about:
Inquiring into an applicant’s salary history; Inquiring into an applicant’s criminal background; and
Obtaining a consumer report.
• Include statements at the end that an applicant is required to initial. Examples include:
A statement that the applicant is required to provide proof of legal authorization to work;
Certification that the applicant hasn’t knowingly withheld any information; the information provided on the application is true and correct; and a statement that any omission or misstatement of material fact is grounds for rejection of the application or immediate termination;
Authorization for the employer to investigate all references, work record, education, and other employmentrelated matters;
· Acknowledgement that the application or interview is not a contract for employment;
Acknowledgement that the employer may obtain a consumer report and that any job offer is contingent upon a favorable result;
Acknowledgment that any offer of employment is conditioned upon taking and passing a pre-employment drug test, with a statement that refusal will result in the offer being immediately withdrawn; and
A bold and all-capitalized statement that the applicant has read, understood, and accepts all conditions of employment.
Ensure that you‘re current with state laws to prevent improper questions that can lead to avoidable allegations of discrimination.
STEP 2: BEHAVIORAL INTERVIEWING
Behavioral interviewing is an essential interview strategy where employers ask questions that reflect how the applicant performed and behaved at a past job. The most accurate predictor of future performance is past performance in similar situations.
The STAR Method (Situation, Task, Action, Result) is an effective and easy-to-implement behavioral interviewing strategy:
• Situation: What was the situation the applicant was in?
• Task : What was the task the applicant needed to accomplish?
• A ction : What were the actions the applicant took to accomplish this task?
• Results: What were the results of these actions?
There are many restrictions on what information employers can consider when conducting a background check, including the use of credit checks and criminal history.
While there are many behavioral interviewing questions, below are three samples with follow-up questions.
1. Provide an example of a time when you tried to accomplish something and it failed or didn’t go as planned.
• What challenges did you come across?
• What was the outcome?
• How did you feel about the outcome?
2. Describe the most difficult employee relations situation you have handled.
• What was the situation?
• What did you do to try to resolve it?
• Why did you choose that way?
3. Tell me about a time when you were extremely upset with a coworker or your supervisor.
• What happened?
• What was the outcome?
• Would you do anything different to prevent this from happening in the future?
The answer to these questions provides an employer insight into the applicant’s thought process in answering questions and can also trigger warning signs of potentially violent behavior.
STEP 3: REFERENCE CHECKS
Reference checks are an untapped gold mine Employers are generally afraid of them for fear of crossing into HIPAA or protected classes territory, but this is one of the best and easiest ways to find red flags that would otherwise go undetected. Always ask references open-ended, specific questions.
SAMPLE QUESTIONS TO ASK REFERENCES
If the reference was a superior of the applicant
• Were there any workplace conduct or ethical incidents caused by this applicant? Please describe.
Behavioral interviewing is an essential interview strategy where employers ask questions that reflect how the applicant performed and behaved at a past job.
The most accurate predictor of future performance is past performance in similar situations.
If the reference was a coworker of the applicant
• What were the easiest/most challenging aspects of working with the applicant?
• How did the applicant handle conflict/stress? If the reference was managed by the applicant
• Do you think that the applicant had any work-related challenges or shortcomings that should be improved?
• Would you recommend this applicant? Why or why not?
The magic question: This question provides some of the best information you can gain about an applicant:
• What is the applicant’s greatest strength and weakness?
Keep in mind that you’re not limited to only speaking with the people the applicant provided. You can speak with other employers and ask references for the contact information of additional people you should speak with.
Reference checking is an invaluable, and easy, step that should never be overlooked. You’ll be surprised with what you find out.
STEP 4: PRE- AND POST-HIRE MULTISTATE BACKGROUND CHECKS
You want to keep your workplace safe, free from violence, and free of insurance claims. Background checks demonstrate due diligence, protect the workplace, and combat insider threats, potential violence, and sexual misconduct.
It’s just as important to conduct a background check on current employees. Employers shouldn’t assume that passing an initial check means there won’t be future issues. It’s likely that at least one person who passes a background check will commit a crime after beginning employment.
If you think that you don’t have to run background checks because a prospective or current employee will be honest and volunteer their criminal background to you, think again. Approximately 1 in 3 adults, or over 77 million Americans have a criminal record. As a result,
background checks should never be a “one and done,” type of situation.
UPDATE YOUR EMPLOYEE HANDBOOK AND NOTIFY EMPLOYEES
Make sure to have a detailed and comprehensive policy in your employee handbook explaining both pre- and post-hire background checks, as well as how the organization will deal with a criminal record that may be uncovered during a periodic check.
This policy should include:
• What you will review.
• How often, and when, will you conduct this check.
• A statement that the policy applies to all employees.
• A request that employees self-report any criminal cases that they may have been involved in, and a notice that failure to self-report may result in termination when such offense is found.
• A policy that refusal to cooperate or provide consent can result in termination.
• A detailed termination policy if something new is found in their background check or if any falsehoods or omissions are discovered post-hire.
Next, notify and clearly explain the new policies to existing employees, emphasizing the mutual importance of regular screening for the company and them. It is recommended to have each employee sign the new policy to avoid any potential issue or statement that they did now know about the policy.
KNOW WHEN YOU CAN ASK ABOUT CRIMINAL CONVICTIONS
Many states and local governments have passed “Ban-the-Box” laws restricting when an employer can ask about criminal convictions on job applications and in interviews before a conditional offer of employment has been made.
BE CONSISTENT IN CONDUCTING BACKGROUND CHECKS
Employers cannot pick and choose on whom they run background checks. As with all HR matters, you must be consistent, or you risk a discrimination claim.
KNOW WHAT YOU CAN CONSIDER WHEN CONDUCTING A BACKGROUND CHECK
There are many restrictions on what information employers can consider when conducting a background check, including the use of credit checks and criminal history.
With respect to criminal history, background check results often contain arrests and convictions that employers are prohibited from considering when making an employment decision.
Subject to a few exceptions, employers are allowed check:
• Nationwide and state-specific criminal and sex offender registries
• Social media
• Depending upon the position , some employers are allowed to check driving history, liens
and judgments, and credit history. However, these categories are narrow and many employers cannot check these items.
PROVIDE REQUIRED DISCLOSURES AND OBTAIN THE APPLICANT’S AUTHORIZATION
You cannot conduct a background check unless you first notify the applicant and obtain written consent. Be sure to check your state laws, as there may be specific requirements for notice and consent. Additionally, if you use a third-party consumer agency to conduct your background checks, then you must also comply with all Fair Credit Reporting Act (“FCRA”) requirements.
REVIEW THE BACKGROUND CHECK INFORMATION
After you conduct the background check, review the results. If the applicant’s background check comes back clear, then continue with the next step in your hiring process. However, if the background check contains information that could remove the applicant from the hiring process, then you must take additional steps before you make that decision.
NEGATIVE CRIMINAL HISTORY IN THE BACKGROUND CHECK
If the applicant has a criminal history, you can’t simply stop the hiring process and reject the applicant. Having a blanket policy that you refuse to hire anyone with a criminal history is against the law.
You must follow the EEOC’s balancing test as detailed in its Enforcement Guidance on the Consideration of Arrest and Conviction Records (be sure to check your state and local laws for any additional balancing test requirements). This test is designed to exclude applicants because of criminal convictions when it’s “job-related” and “consistent with business necessity.” There are three factors an employer must consider under the EEOC test:
• The nature and gravity of the offense or conduct.
• The time that has passed since the offense, conduct, and/or completion of the sentence.
• The nature of the job held or sought.
The purpose of this balancing test is to link the criminal conduct to the essential functions of the position. A stronger link will demonstrate the employer’s refusal to hire is job-related and consistent with business necessity.
ISSUE A PRE-ADVERSE ACTION NOTICE
If you don’t intend to hire the applicant based on the information in their background check, whether because of criminal history, social media search results, reference check, or otherwise, then you should issue them a pre-adverse action notice. This step is required under the FCRA.
EVALUATE ANY ADDITIONAL INFORMATION THE APPLICANT PROVIDES
You’re required to evaluate any additional information the applicant provides you. If the information relates to a conviction, conduct the individualized assessment. If the information changes your mind and you now want to continue hiring the applicant, then resume the hiring process.
ISSUE AN ADVERSE ACTION NOTICE
If the applicant doesn’t provide information in response to the pre-adverse action notice, or the information does not change your mind, then send the applicant an adverse action notice.
THE TAKEAWAY
While this article may seem overwhelming and include a lot of information, the good news is that protecting yourself, your employees, and your organization from workplace violence, abuse, and claims, is completely doable. In a few easy-to-implement steps, you can avoid hiring the perp.
Make sure that you comply with your local and state laws when it comes to recruitment. You should also always check with your supervisor, counsel, or HR team prior to changing, or implementing, any hiring procedure.
Jill Ostrove, Esq.is vice president of SML, D&O, and EPL Public Entity Risk Management for ePlace Solutions, Inc.
MAY WEBINAR
Counting the Cost of Climate Change:
Measuring the Value of Climate Change
Adaptation in Public Sector Insurance Costs
MAY 21 | 12:00 PM – 1:00 PM ET
SPEAKER: Scott
McNea, Vice President,
Alliant Insurance Services, Inc.
Climate change is significantly impacting the insurance industry, leading to higher claims and increased premiums due to the rise in extreme weather events like hurricanes, wildfires, and floods. In high-risk areas, insurers are sometimes restricting coverage or withdrawing altogether as they struggle to manage mounting losses. The industry now relies heavily on advanced data and technology to assess and model climate-related risks, helping insurers set premiums and manage claims more accurately. In response to escalating climate risks, some insurers are creating climatefocused products, like parametric insurance, and investing in resilience and sustainable initiatives to mitigate future losses. There’s also increased regulatory pressure for insurers to disclose climate-related risks, encouraging transparency and adaptation. Overall, climate change is pushing the insurance industry to innovate, adapt policies and focus on long-term resilience.
ATTENDEE TAKEAWAYS:
1. Understand and anticipate climate-related risks
2. Learn about leveraging data, predictive analytics and modeling
3. Learn the ability to use actuarial results to determine appropriate funding levels and claims trends
4. Gain knowledge of current industry trends in various lines of business
SCIENCE AND TRUST: HOW PUBLIC RISK MANAGERS CAN LEAD THE WAY
BY MARK S. WILLIAMS & MELINA GRISS
IS COFFEE GOOD FOR YOU? WHAT ABOUT EGGS? If you are not sure of these answers, perhaps you might recall news reports of research that have reported conflicting results and recommendations, which only add to the confusion. What makes these inconsistencies possible, and maybe more than a little frustrating, is the nature of science. Science can appear rather chaotic to science outsiders for several reasons, and this can lead to a lack of trust.
Science entails finding ways, sometimes simple and sometimes more complicated, to answer questions. The nature of these investigations involves trial and error, and the public is not usually exposed to this process. So, a foundation of science is to acknowledge there may be a need for the refinement of conclusions based on new or evolving research or that the theory itself may be false, requiring that the search for the truth continues. This can lead to contradictions in scientific answers. Combine this reality with few scientific news outlets that typically furnish little more than the headline and rarely provide the back story, and the public can become confused and conclude that science is not valid.
According to the 2023 Wellcome Global Monitor survey, more than three-quarters of the world’s population solidly trusts science.1 This is good news, indeed. However, according to the 2024 Edelman Trust Barometer, when asked who is expected to provide the truth about innovation and technology, scientists were on par with friends and peers.2 Data also finds that public trust in science has been on the decline for decades. There is work to be done.
Public risk professionals are at the forefront of managing and communicating risks to the public, particularly in times of crisis, and trust in science is crucial for public compliance with health guidelines, environmental policies, and technological advances.
UNDERSTANDING THE PSYCHOLOGY OF TRUST
There is a field within the study of psychology that examines the principles of “trust.” This discipline focuses on helping us understand how we go about deciding who and what we can and cannot trust. When applied to science, we know that we tend to believe most strongly in ideas and concepts that are the most uncertain. We usually seek out information that confirms our beliefs, with these beliefs typically being based on subjective rather than objective data. When confronted with new information that may change what we know about science, rather than understanding that the scientific method relies on evolving hypotheses and new scientific theories, we may conclude that science is unreliable and “wrong.”
BUILDING RELATIONSHIPS WITH THE PUBLIC
There is a need for very specific terminology within scientific areas of study to be precise, and this can pose a challenge for non-specialists and non-scientists to understand what is being discussed and what conclusions have been reached. Therefore, it is necessary to communicate clearly to the public, using terms and language that are easy to understand. Popular media has promoted scientists and presenters like Neil deGrasse Tyson and Bill Nye as they have made science accessible to all. They have been very successful in communicating complex scientific concepts to the public by simplifying their messages and using common concepts and terms. There are initiatives among science groups like the National Academy of Science Engineering and Medicine to create such material that is easy for consumers to digest and improve the public’s understanding of their scientific findings. These are very important steps in building relationships with the public in order to encourage trust and acceptance of recommendations.
PROMOTING TRANSPARENCY
Trust in science must be earned. It is not enough to say that scientists know more and should, therefore, be trusted. Part of improving transparency in the research process is the funding of large, publicly available databases that allow access to researchers from around the world. By increasing access to these data and permitting the independent analysis and review of this information, the process is demystified, leading to greater confidence in the scientific process and research outcomes. Another component is the peer review process itself. As consumers of research, we trust that the research has been vetted by others with scientific expertise. We expect that there has been an independent evaluation of the research hypotheses, data collection, analyses, and conclusions, as well as critical feedback on these elements to the researchers. These reviews can help point out any possible biases in the research that the authors may have missed. Finally, we do know that some research never gets published. There is a term for this, “The File Drawer Problem.” These
research studies get “filed away” by scientists as they fail to produce significant results and there is less likelihood that they would be accepted for publication by peer-reviewed journals. As a result, these negative findings, which can still be informative to the public, are not disseminated. These negative results can serve as learning opportunities for others and help drive innovation, contributing to our evolving understanding of science itself. Knowing what did not work can be as informative as knowing what did work.
LEADING THE WAY
To better understand trust in science and how we develop an opinion about our scientific knowledge, we need to understand the scientific method itself and acknowledge that this is a fluid and ever-evolving process. Theories that we believed to be reliable and trustworthy decades ago, may now be seen as obsolete with new scientific discoveries. We cannot stay rigid in our belief system. As part of this process, we must acknowledge that we all approach information-seeking with our own personal biases. Our biases tend to be formed based on emotional experiences and influence how we view and interpret information around us, including scientific data. By increasing our awareness of these personal biases, we can better recognize how they may impact our opinions and behaviors as they pertain to our view of scientific knowledge. We are not always aware that our biases influence our interpretation of information and by removing these blinders, we may be better able to evaluate the scientific data and make our own informed decision on its trustworthiness more objectively. So, continue to grow your own knowledge and seek ways to help others understand.
Mark S. Williams, DC, MBA, DACBOH, is medical director for The Hartford.
Melina Griss, PhD, is medical director for The Hartford.
1 https://www.science.org/content/article/ global-survey-finds-strong-support-scientists. Accessed 10/31/2024
2 https://www.edelman.com/trust/2024/trustbarometer. Accessed 10/31/2024.
BEST OF THE BLOG
DE-ESCALATION TECHNIQUES IN SPECIAL EDUCATION, AND THE PATHOLOGICAL
FIRST-LINE SUPERVISOR
DE-ESCALATION TECHNIQUES IN SPECIAL EDUCATION
BY ANGLA NAGLE, PhD
Approximately 66 percent of all school injuries are unintentionally caused by interactions with special education students. Bites, scratches, punches, and facial injuries, among others, can be minimized by wearing personal protective equipment. However, once a student engages in a behavior, prevention has passed and it is important to minimize the injury by wearing personal protective equipment. The goal is to prevent injuries by de-escalating a student before an injurious behavior occurs. How can this be accomplished?
Teachers and support staff know students well. It is important to train and remind staff that if a student appears dysregulated, they should use de-escalation techniques before a behavior that can cause an injury is manifested. The most effective de-escalation technique is the use of sensory, and it is critical that teachers have sensory resources available and understand how they are successfully used to regulate students’ behavior.
Ideally, school buildings should have a sensory room where students can engage in various sensory-based activities designed to calm and regulate a student. The use of tactile walls, compression canoes, swings, and tunnels, among other resources, is very effective. Having a variety of sensory resources in a room allows a student to gravitate toward a personal preference. A mobile sensory cart is a great idea if a school building does not have dedicated sensory space. This cart can be shared among classrooms. A plethora of smaller sensory items can also be used within a classroom.
A student’s favorite is weighted animals. For students who are often out of their seats, placing a weighted animal on their lap provides compression and tactile sensory that comes from an animal with movable sequins or crinkle paper within the material. Often, this is enough to regulate a student so that they remain seated, the lesson can be completed, and potential behaviors can be extinguished.
It is important to provide staff with sensory resources and engage them in professional development so teachers understand how to use such resources to de-escalate students. Taking the time to model the use of sensory in a classroom is necessary. Simply handing out resources will not work. Teachers must understand the purpose and the variety of ways sensory materials can be used with students. I have seen many cases where teachers try something once and give up. Teachers must be persistent. I give the analogy of learning to play basketball. How many times does it take for a student to make their first basket? Many attempts and then the student builds the skill and gravitates towards the activity
because they achieved success. The same can be applied to sensory integration in the classroom. The student may push sensory items away many times before selecting a preference and validating that the sensory is calming. Introducing a culture of sensory will be an investment of time and training.
Remember, the sensory equipment investment is paid back by fewer claims, lower premiums, and engaged and happier staff.
Angla Nagle is a school risk management specialist with Public Employer Risk Management Association
Ideally, school buildings should have a sensory room where students can engage in various sensory-based activities designed to calm and regulate a student. The use of tactile walls, compression canoes, swings, and tunnels, among other resources, is very effective.
THE PATHOLOGICAL FIRST-LINE SUPERVISOR
BY THERON BOWMAN
We all know them. We’ve either worked for them or supervised them. That first-line supervisor who just won’t commit to the level of productivity, responsibility, and accountability needed to be an effective leader. It happens in government agencies, including police and fire departments, jails and correctional facilities, and at the city, county and state level. These ineffective “leaders” permeate private companies too.
WHAT DOES IT LOOK LIKE?
• Shirking responsibility. Waiting it out as others step up for assignments, sometimes having to be “voluntold.”
• Not accepting or fostering accountability It’s always someone else’s fault, or the organization wasn’t supportive enough, didn’t provide resources, didn’t address low morale. (Never mind they could tackle these issues themselves.) Sometimes, they’re just more concerned with being friends with direct reports.
• Low productivity. Many problem supervisors are promoted because they are charming and competent communicators. But they use the gift for gab to appear busy and avoid work.
Identify problems early. Stay alert!
OTHER SYMPTOMS:
• Spending an hour in your office. It starts with a legitimate question but becomes a discussion about, literally, the kitchen sink.
• Complaining. No one else does their job correctly.
• Micromanaging. Lack of self-confidence leads to no confidence in others.
• Disappearing. Naps or personal errands on company time.
• Unavailability. Their input is needed but they can’t be found.
• Emphasizing non-work tasks. Deciding where to eat lunch becomes the morning’s focus.
• Not delivering. Work product is late, incomplete, or not submitted.
DIAGNOSIS: PATHOLOGICAL FIRSTLINE SUPERVISOR
The long-term effects of a Pathological FirstLine Supervisor are far-reaching and create significant consequences for your organization.
Overall Risk . These supervisors often exhibit destructive behaviors—abusive supervision, incivility, an uninvolved style of supervision— all linked to psychological distress, ineffective work behaviors, and reduced employee safety.1 The results? Decreased productivity. Higher reportable incident rates. A compromised company reputation. Significant negative impacts to your company’s financial and operational success.
Decreased morale. Pathological supervisors severely impact employee well-being. Research shows2 that when supervisors mistreat employees, they disengage, suffer from emotional exhaustion, and become overtly counterproductive.
High turnover. Perhaps the most concerning is how the presence of a pathological first-line supervisor can negatively affect employee retention. Employee retention ensures operational continuity, reduces training and recruitment costs, and sustains your organization’s vision, mission, and values. Unhappy employees start job hunting to escape their hostile environment.3
This malady progresses in two ways: Catch it early, intervene and create a healthier environment for your employees. Leave it untreated,
The long-term effects of a Pathological First-Line Supervisor are far-reaching and create significant consequences for your organization.
the problem will worsen, and removal will be necessary.
TREATMENT - FOCUS ON THE WHOLE PROBLEM, NOT JUST INDIVIDUAL SYMPTOMS.
• Assess. Is it an isolated incident rather than a systemic issue? Address it internally. But if the issue is systemic, you may need a reputable consultant to assist you with a comprehensive evaluation.
• Treat . Proper treatment mitigates hazards. Interventions include:
• Creating or revising policies
• Training or coaching
• Attention to wellness issues
• Modeling accountability at all levels
• Disciplining: probation, reprimands, or termination
• Document. If you didn’t document early symptoms and intervention, it didn’t happen. Documentation alone may encourage change. Firing any employee without proper documentation puts your organization at risk for lawsuits.
• Reassess. Develop a clear plan to assess the effectiveness of interventions. As a former colleague of mine once said, “Don’t expect what you don’t inspect.” Creating a culture of accountability is a critical component of an effective leader in any organization.
Whether your company’s focus is people or products, you require effective first-line supervisors to exceed performance goals. Let’s identify and treat pathological supervision before it metastasizes.
Theron Bowman is founder & CEO of The Bowman Group.
1 Mullen, J., Fiset, J., & Rhéaume, A. (2018, August 24). Destructive forms of leadership. Emerald Publishing Limited, 39(8), 946-961.
2 Li, Z., He, B., Sun, X., & Zhang, Y. (2020, March 13). Demonstrating the psychological aspects of stressors and abusive supervision behavior: Attainment of sustainability under the rubric of resources theory. Frontiers Media, 11.
3 Pradhan, S., Srivastava, A., & Jena, L K. (2019, December 5). Abusive supervision and intention to quit: Exploring multi-mediational approaches. Emerald Publishing Limited, 49(6), 1269-1286.
JUNE WEBINAR
Critical Infrastructure Risk Management in the Evolving Threat Environment
JUNE 18 | 12:00 PM – 1:00 PM ET
SPEAKERS:
Chad Johnson, Protective Security Advisor, Department of Homeland Security/CISA
Josh Velasquez, Protective Security Advisor, Department of Homeland Security/CISA
Critical infrastructure faces growing risks from cyberattacks, natural disasters, and terrorism. Increased connectivity raises vulnerabilities that demand stronger security measures. Proactive planning and risk assessments help reduce disruptions, while public-private collaboration is key to addressing evolving threats and enhancing resilience.
ATTENDEE TAKEAWAYS:
1. Increased connectivity heightens vulnerabilities, requiring stronger security measures
2. Proactive planning and regular risk assessments are essential for reducing disruptions
3. Collaboration between public and private sectors is crucial for addressing evolving threats effectively
Meet Katie Durfee
THE RECIPIENT OF THE 2025 PUBLIC RISK PIONEER EXCELLENCE AWARD
Each year, PRIMA recognizes a long-term PRIMA member who has made outstanding contributions to the association and the public risk industry with the Pioneer Excellence Award. This year, PRIMA is proud to present the 2025 Pioneer Excellence Award to Katie Durfee. She has been active in PRIMA at the national and state level and is the senior risk and emergency management consultant for CIS. Below is a Q&A PRIMA conducted with Katie.
HOW DID YOU END UP IN PUBLIC RISK MANAGEMENT?
In 2006, I was working for Valley County, Idaho, as the chief deputy county clerk. After our human resources director left, the county commissioners decided I would be well suited for the role and approached me to take on the additional responsibilities.
I didn’t know what risk management was at the time, but it sounded interesting. Eager to learn something new, I jumped in and worked closely with our insurance broker and Jim McNall, a loss control specialist with the Idaho Counties Risk Management Pool (ICRMP), to gain knowledge.
Shortly after taking on the role, I attended my first PRIMA Annual Conference in Las Vegas. From the very first day, I was hooked. The people I met were welcoming, and I felt like part of a larger community of professionals willing to help me succeed. Some of those connections have become lifelong friends.
Upon returning to Valley County, I became involved with the Idaho Chapter of PRIMA. I also completed the chapter’s two-year risk management certification program, graduating in October 2010. Afterward, I joined the chapter’s board of directors as a member-atlarge and later served as chapter president.
At PRIMA’s 2012 Annual Conference in Nashville, our chapter received the PRIMA Chapter Recognition Award for its revamped
certification program, a project I helped lead. I became actively involved with PRIMA, serving on several committees, including the Cyber Task Force (2018–2019), Education Committee (2011–2012 and 2017–2018), Chapter Relations Committee (2012–2013), and Leadership Development Committee (2012–2013). I also attended PRIMA Institute in 2018.
After moving to Oregon in 2012, I worked as a risk management professional for Oregon City before joining Citycounty Insurance Services (CIS) in 2017. CIS allowed me to pursue my passion for helping local government entities manage risks effectively. As a senior risk and emergency management consultant, I am fulfilling a dream inspired by my mentors at ICRMP. I’ve remained active in PRIMA, serving on the Oregon Chapter board since 2018 and as chapter president from 2021 to 2023. Mentorship and supporting newcomers in risk management have always been my priorities, and I’m passionate about giving back to the profession.
WHAT ARE THE THREE MOST SIGNIFICANT WAYS RISK MANAGEMENT HAS CHANGED SINCE YOU STARTED ALMOST 19 YEARS AGO?
It’s incredible how quickly the years go by when you’re doing work you enjoy. Over the past 19 years, I have seen PRIMA evolve with the services they offer. I’ve also had the privilege of contributing to the development of the resource library through work on the education committee. These advancements have fostered a new generation of risk managers while equipping seasoned professionals with the tools to stay current in an ever-changing field.
WHAT ARE THE TOP THREE BENEFITS PRIMA PROVIDES TO YOU?
PRIMA has always made me feel part of something bigger — a family network. It offers leadership and career growth, a strong networking base, and outstanding educational opportunities.
WHAT PRIMA BENEFITS DO YOU THINK BEST SERVE NEW RISK MANAGERS IN THE FIELD?
I would encourage new risk managers to attend the PRIMA’s Annual Conference and PRIMA
Mentorship and supporting newcomers in risk management have always been my priorities, and I’m passionate about giving back to the profession.
Institute, which were instrumental in my early career. Participation in the mentorship program is another excellent way to learn from seasoned professionals, and volunteering for committees also provides opportunities to shape PRIMA’s future. We can often learn valuable insights from newcomers to PRIMA by gaining their unique perspectives and experiences as they navigate the fields of insurance and risk management.
WHAT ARE TWO THINGS PRIMA COULD IMPROVE (EDUCATION, OUTREACH, ETC.)?
I’d love to see more resources provided to state chapters, such as free archived webinars and updated brochures that highlight the many excellent services and programs PRIMA offers. I also think more seasoned professionals should be included in the Speaker’s Bureau to expand the range of topics and presenters available through the Bureau. This approach would showcase the exceptional professionals within our network and ensure fresh content for presentations at annual state chapter conferences. I would enjoy seeing these speakers highlight PRIMA’s benefits during their presentations and show how the organization has supported their careers.
Additionally, it would benefit new members to receive either a live or recorded webinar offering a tour of PRIMA’s website and an overview of its services and benefits.
WHAT WOULD YOU SAY TO ENCOURAGE NONMEMBERS TO JOIN PRIMA?
I would tell them that PRIMA has played a significant role in my career, and I would encourage them to attend the Annual Conference by applying for a first-time attendee scholarship. I would share PRIMA’s many services and benefits, like the Leadership Development Academy, PRIMA Institute, and more. The networking opportunities at the national conference are abundant, as members can connect online and with local chapter affiliates.
IS THERE ANYTHING ELSE YOU WOULD LIKE TO TELL PRIMA MEMBERS?
I am sincerely thankful to PRIMA for selecting me as a recipient of the 2025 Pioneer Excellence Award. I’m truly honored, as this award recognizes long-term members who have made outstanding contributions to the association and public risk industry. My involvement with PRIMA at local and national levels has profoundly shaped my career. I’ve greatly enjoyed serving on various committees and boards and supporting the next generation of risk professionals through mentorship. The PRIMA community has always made me feel a part of a more extensive, family-like network.
ADVERTISER INDEX
HAS YOUR ENTITY LAUNCHED A SUCCESSFUL PROGRAM? An innovative solution to a common problem? A money-saving idea that kept a program under budget? Each month, Public Risk features articles from practitioners like you. Share your successes with your colleagues by writing for Public Risk magazine! For more information, or to submit an article, contact Nick Baker at nbaker@primacentral.org.
CALENDAR OF EVENTS
PRIMA’s calendar of events is current at time of publication. For the most up-to-date schedule, visit www. primacentral.org.
PRIMA ANNUAL CONFERENCES
June 1–4, 2025
PRIMA 2025 ANNUAL CONFERENCE Seattle, WA Washington State Convention Center
June 7–10, 2026
PRIMA 2026 ANNUAL CONFERENCE Fort Lauderdale, FL Broward County Convention Center
PRIMA WEBINARS
April 16
Risk Management 101
May 21
Counting the Cost of Climate Change: Measuring the Value of Climate Change Adaptation in Public Sector Insurance Costs
June 18
Critical Infrastructure Risk Management in The Evolving Threat Environment
July 16
Mentorship Matters
August 20
Using Artificial Intelligence to Improve Safety Performance
September 17
Where to Begin? How to Conduct a Financial Risk Assessment in Your Organization
PRIMA INSTITUTE
October 20–24, 2025 Columbus, OH
PRIMA INSTITUTE 2025 BIG IDEAS.
The Industry’s Premier Risk Management Educational Program
October 20–24 // Columbus, OH
PRIMA Institute 2025 (PI25) is an innovative educational symposium comprised of fundamental risk management curriculum, outstanding faculty, and excellent networking opportunities. PI25 is aimed at new and seasoned risk management professionals who want to learn more about emerging trends and best practices.
REGISTRATION OPENS IN JUNE