Public Risk August 2014

Published by the Public Risk Management Association

www.primacentral.org

AUGUST 2014

PRIMA NAMES BILL KOSTNER, ARM-P, MBA AS ITS

2014 PUBLIC RISK MANAGER OF THE YEAR BUSINESS INTELLIGENCE STRATEGIES TO BOOST CLAIMS PERFORMANCE & RESULTS “I Do Solemnly Swear…”

HOW NOT TO BE A WITLESS WITNESS

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Volume 30, No. 7 | August 2014 | www.primacentral.org

The Public Risk Management Association promotes effective risk management in the public interest as an essential component of public administration.

PRESIDENT Regan Rychetsky, ABCP Director, HHS Enterprise Risk Management and Safety Texas Health and Human Services Commission Austin, TX

CONTENTS

PAST PRESIDENT Betty Coulter Director of Risk Management and Insurance University of North Carolina at Charlotte Charlotte, NC PRESIDENT-ELECT Dean Coughenour, ARM Risk Manager City of Flagstaff Flagstaff, AZ

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Terri Evans Risk Manager City of Kingsport Kingsport, TN

6 PRIMA Names Bill Kostner, ARM-P, MBA as its 2014 PUBLIC RISK MANAGER OF THE YEAR

DIRECTORS Ed Beecher Risk Manager City of Pompano Beach Pompano Beach, FL

Scott Kramer Risk Manager Montgomery County Commission Montgomery, AL

By Jennifer Ackerman, CAE

Amy Larson, Esq. Risk and Litigation Manager City of Bloomington Bloomington, MN

10 BUSINESS INTELLIGENCE STRATEGIES TO BOOST CLAIMS PERFORMANCE & RESULTS

By Jose Tribuzio

Tracy Seiler, ARM-P Director of Risk Management Services Texas Association of Counties Austin, TX NON-VOTING DIRECTOR Marshall Davies, PhD Executive Director Public Rick Management Association Alexandria, VA

15 “I Do Solemnly Swear…”

HOW NOT TO BE A WITLESS WITNESS

Scott Moss, MPA, CPCU, ARM.ERM, ALCM Property /Casualty Manager City/County Insurance Services Salem, OR

EDITOR Jennifer Ackerman, CAE Deputy Executive Director 703.253.1267 • jackerman@primacentral.org

By Joe Jarret

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ADVERTISING Donna Stigler 888.814.0022 • donna@ahi-services.com Public Risk is published 10 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. Subscription rate: $140 per year.

Back issue copies for members available for $7 each ($13 each for non-PRIMA members). All back issues are subject to availability. Apply to the editor for permission to reprint any part of the magazine.

IN EVERY ISSUE 4 News Briefs | 19 Advertiser Index | 20 Member Spotlight

POSTMASTER: Send address changes to PRIMA, 700 S. Washington St., #218, Alexandria, VA 22314.

Copyright 2014 Public Risk Management Association Reprints: Contact the Reprint Outsource at 717.394.7350.

AUGUST 2014 | PUBLIC RISK

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Message from PRIMA President Regan Rychetsky, ABCP

IT’S SUMMER TIME, FOLKS!

S

ummer is a time when most families pack up the luggage, car, SUV or RV and go on vacation.

Camping, swimming, theme parks, national monuments and the world’s largest ball of twine in Cawker City, Kansas, are some of the attractions that draw families every year. Summer is a time of fun, creating lasting memories, cook-outs and traveling.

However, summer is also the time of little rain, blistering heat, humid conditions and high heat indices. With the heat comes heat-related illness that can creep up on us during work or play. When the body is unable to cool down naturally by sweating, several heat-induced illnesses such as heat stress, heat exhaustion or heat stroke may occur; and can result in death. So that we all have a safe and happy summer, I thought I would share some summer tips to reduce the risk of heat related illness. Please share with employees and family and keep these in mind when playing or working outside during the day.

• Symptoms of Heat Exhaustion • Headaches, dizziness, lightheadedness, fainting • Weakness and moist skin • Mood changes such as confusion or irritability • Upset stomach or vomiting

When the body is

• Symptoms of Heat Stroke • Dry, hot skin with no sweating • Mental confusion or losing consciousness • Seizures or convulsions

unable to cool down naturally by sweating,

• Heat Stroke First Aid • Move victim to cooler environment immediately and call 911 • Remove unnecessary clothing to expose skin to cooling • Apply ice packs to groin, neck and armpits (large blood vessels are close to skin) • Fan and mist the person with water • Do not give fever reducing meds

Preventing Heat Stress • Know the factors that lead to heat stress.

• Know signs and symptoms of heat-related illnesses.

• Drink plenty of fluids to stay hydrated; water (about 1 cup every 15 minutes during high risk temperatures and activities) and an electrolyte drink as a supplement.

• Avoid skipping meals, but no heavy meals.

• Use sunscreen, and take frequent rest breaks.

• Wear lightweight, light colored, loose-fitting clothing.

• Block out direct sun or other heat sources during heat of the day.

• Use cooling fans or air-conditioning as needed and rest regularly.

• Avoid alcohol and caffeinated drinks.

I hope all of you take the time to go on vacation with your families and enjoy your time off; recharge your batteries and focus on family time; think about BBQ, grilling, campfire cooking or whatever your method for serving up your ‘secret recipe’ food; but remember that it’s OK to take a little bit of your job with you to keep everyone safe.

• Factors leading to heat stress: • High temperature • High humidity • Limited air movement • Direct sun or heat • Physical exertion • Poor physical condition • Some medications • Inadequate tolerance for hot workplaces.

Regards,

Finally, congratulations to the 2014 Public Risk Manager of the Year, Bill Kostner, risk manager, City of Lincoln, Nebraska.

Bill is a true professional and deserving of the accolades he has received. You can read more about Bill’s achievements with the City of Lincoln in this issue of Public Risk.

several heat-induced illnesses such as heat stress, heat exhaustion or heat stroke may occur; and can result in death. So that we all have a safe and happy summer, I thought I would share some summer tips to reduce the risk of heat related illness.

Gig’em Aggies!

Regan J. Rychetsky, ABCP 2014–2015 PRIMA President Director, HHS Enterprise Risk Management and Safety Texas Health and Human Services Commission

AUGUST 2014 | PUBLIC RISK

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News Briefs

NEWS

BRIEFS MASSACHUSETTS TO RAISE MINIMUM WAGE TO $11 Governor Deval Patrick signed into law a bill raising the minimum wage from $8 to $11 per hour by 2017, setting Massachusetts on course to have the highest minimum wage of any state in the country, reports the Boston Globe. “Raising the minimum is about bringing a little relief to the working poor, many of whom do jobs we could not live without and who, by the way, will recycle that money right back into the economy,� Patrick said at a signing ceremony at the State House, joined by the Senate president, the House speaker and a number of other state political leaders.

The law will incrementally raise the state hourly minimum wage by one dollar a year. So it will be $9 on Jan. 1, 2015; $10 at the beginning of 2016 and $11 on Jan. 1, 2017.

WISCONSIN ENDS TAX CREDIT FOR HISTORIC BUILDINGS Only a half year after the approval of a multimillion-dollar tax credit for rehabilitating historic buildings, Wisconsin Gov. Scott Walker's administration is halting it out of concerns about its impact on the state's tax revenues and budget, reports the Milwaukee Journal Sentinel.

Lawmakers and Walker increased the credit not once but twice last year, quadrupling it to 20 percent for qualifying projects.

In debate last fall, a few conservative Republicans in the Legislature and articles in the Milwaukee Journal Sentinel questioned whether the law could end up cutting state tax revenues by much more than predicted by supporters. But the proposal passed the Legislature last fall with largely bipartisan support and was signed into law in December by Walker.

Republicans, developers and local officials successfully advanced the measure by making an unusual alliance with Democrats, trade unions and historic preservationists. The legislation provides the tax credits to developers who restore historic buildings, typically located in urban areas such as Milwaukee.

In a letter to the Legislature's budget committee, the head of the Wisconsin Economic Development Corp. said that 29 projects already have been approved and are eligible for a potential $35 million in state tax credits. That's nearly nine times the $4 million set aside for the program in the state budget for its first year.

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Being ready to rescue isn’t what it used to be.

GOLDEN GATE BRIDGE TO BUILD $76M SUICIDE BARRIERS The decades-long effort to build a suicide barrier on the Golden Gate Bridge succeeded as the transportation district's board of directors OKd funding for nets that will be installed about three years from now, reports the San Francisco Chronicle.

"We did it," shouted a woman in the midst of a giant group hug, moments after the board of the Golden Gate Bridge Highway and Transportation District voted unanimously to approve a $76 million funding plan for installation of steel-cable nets 20 feet beneath the east and west edges of the bridge that are intended to deter people from leaping to their deaths or catch them if they do.

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Supporters of the suicide net—most of them family members of people who have jumped to their deaths from the bridge—knew that the board was expected to finally approve the barrier after decades of death and debate.

Still, more than a dozen, some clutching photographs of their deceased sons, daughters, partners and friends, spoke of the unending pain of losing loved ones to suicide and urged directors to approve the plan.

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According to the Bridge Rail Foundation, which has worked for a barrier, at least 1,600 people have jumped to their deaths from the Golden Gate Bridge, including 46 last year. Many of their family members have joined the campaign for some kind of suicide barrier on the bridge.

Some barrier supporters have become familiar faces as they've returned to speak to the bridge board time and again over the years.

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PRIMA NAMES BILL KOSTNER, ARM-P, MBA AS ITS

2014 PUBLIC RISK MANAGER OF THE YEAR

By Jennifer Ackerman, CAE

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B

ill Kostner has played many roles in the growth of the public risk management field, but none more prestigious than the role of Public Risk Manager of the Year. Kostner received this highest honor from the Public Risk Management Association (PRIMA) at its 2014 Annual Conference in Long Beach.

Kostner has been the risk manager for the City of Lincoln, Neb., since 1995, and during that time, has worked to build the city’s risk management program while significantly reducing its costs.

“PRIMA is thrilled to present this award to Bill, someone who truly represents the best that risk management has to offer,” said PRIMA President Regan Rychetsky, ABCP. “Bill is a leader in the industry and we are proud to have him as a PRIMA member.”

The PRIMA Public Risk Manager of the Year Award is the highest honor the association bestows on a member. It was created to honor risk managers who go above and beyond, and who have found solutions to difficult problems.

IF YOU BUILD IT… Lincoln is Nebraska’s capital city and houses its main university as well as its legislative body and governor.

While the day-to-day operations of the City of Lincoln’s risk management division provide their own challenges, occasionally a project comes up that truly challenges a risk manager. For Kostner, that project was the construction of the new 16,000-seat Pinnacle Bank Arena.

The arena is a multi-faceted project intended to revitalize 400 acres of blighted and underutilized property that lies on the western edge of Lincoln’s downtown. The 450,000-square foot arena also includes 7,000 parking spaces as well as a home for the University of Nebraska-Lincoln men’s and women’s basketball teams.

“This was a big year for our office,” said Kostner. “I worked with many departments, contractors and brokers to create an insurance program for the arena.”

The arena construction required moving railroad tracks and analyzing pollution levels while creating new roads, parking

garages and an Amtrak station. This required a major insurance and loss control effort by the risk management division.

“We entered into many agreements and applied creative insurance proposals for public/private partnerships at the arena, Amtrak station and other mixed-use and residential buildings around the arena,” said Kostner. “We utilized pollution liability insurance as a mechanism to control and pay for any potential pollution costs, and to encourage local development in the area.”

With the arena construction, Kostner looked closely at using a wrap-up policy, or an owner-controlled insurance policy.

Kostner decided however, through the RFP process, that the city was better positioned to encourage contractors to have a financial stake in the success of the project.

“We feel this paid off with fewer potential injuries and liabilities to the city,” he said. “The overall project cost nearly $340 million, with $140 million devoted solely to the arena.

This project was completed on time and on budget and with the arena built one foot above the 500-year flood plain.”

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2014 Public Risk Manager of the Year

“PRIMA is thrilled to present this award to Bill, someone who truly represents the best that public risk management has to offer,” said PRIMA President Regan Rychetsky, ABCP. “Bill is a leader in the industry and has been invaluable to the City of Lincoln. We are proud to have him as a PRIMA member.”

Kostner’s risk management and employee benefits division handles property/casualty claims and subrogation in-house, along with workers' compensation and loss control. They also handle all employee benefits for the City of Lincoln and Lancaster County.

Last year, they conducted their first-ever dependent verification audit of city and county employees. “Self-insurance or stop loss coverage is used for all lines of coverage, making us look like a mini insurance company to our departments,” Kostner said.

SAFETY WITHOUT OSHA When Kostner arrived at the City of Lincoln 19 years ago, the city did not have a safety committee. Kostner quickly launched a city-wide safety committee. He hired the first safety and training coordinator and established many of the initial safety policies of the City of Lincoln. Over the years, he has added more policies and an on-line safety manual.

“We are not an OSHA plan state, so it has been more difficult to talk of OSHA as our ultimate safety authority,” he said. “Though OSHA has no jurisdiction over our city, we have worked to create a safety policy using OSHA as the generally accepted safety standard for our entity.”

Kostner is credited with establishing a safety culture in Lincoln.

A safety representative follows up on all significant losses, including workers’ compensation, auto or property loss reports.

The city’s safety and training coordinator is sent to investigate all serious injuries and may even meet with employees when they are awaiting care in the emergency room.

“We want to show our employees that we care about them, and put their mind at ease about who will pay the bills. No one needs additional stress when there’s a serious injury,” Kostner said.

The City also initiates a safety orientation for all new hires and contracts with four local facilities for workers’ compensation treatment, physicals, respirator tests, BBP care and fit-for-duty examinations.

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KEEPING TABS ON VOLUNTEERS In 2013, the risk management division also updated its volunteer policy, which has assisted the city with screening volunteers, especially those who deal with children and vulnerable adults. Kostner conducted a background check RFP in order to establish proper controls for newly recruited employees and volunteers.

“Again, we are especially concerned about anyone who works with children or vulnerable adults,” said Kostner. “We also purchase volunteer accident insurance to pay for any injuries that may occur to our volunteers during the course of their duties.”

A LONG HISTORY OF RISK MANAGEMENT EXCELLENCE Bill Kostner was selected as PRIMA Public Risk Manager of the Year, not just for what he currently does for his entity, but for his contributions to the public risk management industry.

Kostner served on the PRIMA board from 2002 to 2005, and as an officer of PRIMA from 2006 until 2009. He served as president of PRIMA from 2007 to 2008. Kostner also held several leadership positions within his local Iowa/ Nebraska/South Dakota PRIMA chapter.

He has helped plan the PRIMA Annual Conference and represented PRIMA on many local committees, as well as at international conferences.

For more than 15 years, Kostner has served as an adjunct professor of business at Doane College, teaching business, human resources and risk management.

“In many ways, I have devoted my life to being a teacher and setting an example for others,” said Kostner. “I am honored to be selected as this year’s Public Risk Manager of the Year!”

Congratulations Bill!

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RI SK MANAG ERS H U MAN RESOURCE PROFESSIONALS EMPLOYEE BENEFITS A D M I N I S T R ATO R S H E A LT H AN D SAFE T Y MANAG ERS A N YO N E W H O OV E R S E E S RISK FINANCING AND CLAIMS MANAG EM ENT PO O LI N G E XECU TIVE S AN D YO U !

Your Risk Management R I S K MANAG ERS H U MAN RESOURCE PROFESSIONALS Journey Begins HERE EMPLOYEE BENEFITS Are you taking advantage of all that PRIMA has to offer?

A D M I N I S T R ATO R S H E A LT H AN D SAFE T Y MANAG ERS A N YO N E W H O OV E R S E E S RISK FINANCING AND CLAIMS MANAG EM ENT PO O LI N G E X EC U T I V E S A N D YO U !

PUBLIC RISK MANAGEMENT ASSOCIATION

PROFESSIONAL DEVELOPMENT

NETWORKING

• PRIMA Annual Conference • Online education opportunities including PRIMA’s Webinar Series • PRIMA Institute • PRIMA Podcasts

• Leadership Opportunities: Get Involved! Join a committee, task force or even become a director on PRIMA’s board and provide input in what PRIMA does and how we do it.

• PRIMA Chapters: Make contacts on your local level, share what you know, and learn from experts and innovators in meetings, workshops, and seminars in your area.

• Online Membership Directory: A members-only resource where you can locate and contact PRIMA members in various risk management fields.

INFORMATION RESOURCES

• PRIMA Cybrary • PRIMA Job Bank • PRIMAtalk: Member-only listserv that provides access to more than 500 industry specialists.

• RiskWatch: Weekly e-news service for public risk managers

AND MUCH MORE!!!!

For more information on any of PRIMA’s member benefits, visit our Web site: www.primacentral.org.

BUSINESS INTELLIGENCE Strategies to Boost Claims Performance & Results

By Jose Tribuzio

P

ublic risk managers continue to face significant challenges in trying to control their claim costs. There’s a wealth of information trapped in claims systems and databases that could help them to refine their risk management approach. However, many organizations are still using outdated reporting tools, so analysis is often cumbersome, time-consuming and costly.

New business intelligence (BI) tools hold the key to unlock this information, so organizations can design more effective and targeted loss and risk control programs. Although BI tools are widely used in property and casualty (P&C) insurance, they're mainly applied in pricing and underwriting—it’s still not a standard practice in claims. In fact, according to a Towers Watson Survey of P&C claims officers, only 17 percent of respondents said they had used BI in their claims operation for a year or more.

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Today, BI has the power to optimize the claims operation to achieve greater efficiency, cost effectiveness and consistency. With BI tools, public risk managers can drive better decisions and implement more strategic initiatives. In this article, we review key BI terms, six areas of the claims process that would benefit from BI and discuss important considerations before implementation.

KEY BI TERMS Before launching into a detailed discussion of how BI can improve claims performance and results, let’s define some key BI terms: • Business Intelligence, an umbrella term referring to a variety of software applications that are used to analyze raw data. As a discipline, BI is made up of several activities, including data mining, data analytics, predictive modeling and reporting.

• Data Mining, the process of analyzing data from different perspectives and summarizing it into useful information to uncover trends and relationships among seemingly disparate pieces of information.

• Data Analytics and Predictive Modeling. Data analytics can help to uncover meaningful patterns in data, while predictive modeling is a subset of analytics that sorts through data to identify relationships among variables in order to predict outcomes.

• Data Cube, a multi-dimensional structure that stores information used for BI analysis. Main components of the cube include dimensions, measures and hierarchies.

Today, BI tools are widely available in applications such as Microsoft Excel, which includes connections to data

cubes and dynamic business reporting. More sophisticated capabilities can be accessed through SQL Server Data Tools, including data mining, analytics, and predictive modeling.

As a result, it’s important to note that any organization— with a dedication of resources and training—would be able to leverage these capabilities on their own.

LEVERAGING BI FOR IMPROVED RESULTS Insurance is rich in data, and the claims arena is no exception.

The industry collects huge amounts of data on each reported claim. BI can help mine this information to enhance operations, improve performance and keep costs as low as possible. Today, there are six areas of the claims operation that have leveraged BI with proven benefits and results: ➊ Fraud. Perhaps the most popular use of BI is in identifying a claim’s potential for fraud. Estimates show that 10 percent of all claims are fraudulent, and annual losses total $30 billion a year. According to the National Insurance Crime Bureau (NICB), fraud in the U.S. rose 27 percent from 2010 through 2012, reaching more than 100,000 suspicious claims.

Examiners may be familiar with typical “red flags,” but they may be unable to detect more subtle indicators.

Predictive modeling can identify claims that are suspicious and would benefit from further investigation

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Business Intelligence Strategies to Boost Claims Performance & Results by the Special Investigative Unit (SIU) department. SIU departments can then take action to prevent fraud and may uncover previously unidentified schemes. ➋ Litigation. Significant costs go to defending cases. Using BI, organizations can identify claims that have a higher probability for litigation, and assign those cases to senior examiners, who have the knowledge and experience to settle sooner and for lower amounts. ➌ Subrogation. The ability to identify subrogation is often obscured by the sheer volume of data and high caseloads.

Missed opportunities have a huge impact on the bottom line. Predictive modeling can score claims for subrogation potential, so examiners can take action to rule out subrogation sooner or pursue recovery before it is too late.

“

Insurance is rich in data, and the claims arena is no exception. The industry collects huge amounts of data on each reported claim. BI can help mine this information to enhance operations, improve performance, and keep costs as low as possible.

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➍ Early Warning on Exceptional Claims. One of the more interesting areas to use BI is to identify seemingly routine claims that have a high chance of becoming problematic over time. Organizations understand that a catastrophic injury, such as a brain or spinal injury, will require extensive treatment and management, so they set reserves and assign resources accordingly.

It’s the seemingly simple claim that spirals out of control that is difficult to spot. For example, a claim may start off as a minor soft tissue injury. Along the way, it develops negatively.

Return to work is delayed, stronger pain medication is required, or surgery may be needed. Losses initially reserved at $10,000 end up totaling $300,000 or more.

BI tools score all claims, not just catastrophic cases, so they can identify the characteristics that lead to these

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runaway cases, also known as exceptional claims, so they don’t slip through the cracks. Instead, at the first indication that the case is headed in a bad direction, it is routed to a specialized claims expert. The expert can then intervene to guide claims toward optional costs and outcomes. ➎ Resource Allocation. Today, claims organizations want to optimally allocate their resources. While an experienced claims handler can certainly process a simple medical-only claim, their time is better spent investigating and resolving more complex cases. By using BI, organizations can more effectively match complex claims to their more experienced staff. ➏ Risk Management. Another vital and obvious benefit of BI is in support of risk management. For example, predictive analytics can identify high loss areas, so organizations can apply targeted risk and loss control initiatives.

KEY CONSIDERATIONS FOR BI IMPLEMENTATIONS The main requirement for BI is data—the deeper the claims history, the better. In addition, data access and management capabilities are needed. Often, this is resolved with a data warehouse. While many organizations have a vast amount of data, quality and integrity are essential to model effectiveness. In fact, claim files with missing, incomplete, or erroneous data can have a negative impact on accuracy. Organizations must take actions to ensure that their data is clean, accurate and complete.

Besides quality, other factors that organizations should take into account include: • Actionable Intelligence. BI should be able to deliver an actionable output, such as a predictive score, which can easily be viewed, understood, and acted upon by claims examiners. As data becomes richer, organizations must have a means to continually calibrate models to ensure ongoing precision.

• Improved Workflow & Decisions. BI tools can have a profound impact on workflow and claims decisions.

Findings can generate process enhancements. But for this to work effectively, an organization should strive to optimize their operations as much as possible before BI deployment. The process is similar to implementing any new system within the claims operation. Organizations should carefully document their claims-handling process and identify key areas for improvement.

During implementation, organizations may find additional opportunities to streamline workflow, such as using data feeds to eliminate redundant data entry.

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Making these changes can serve to further enhance the overall BI process improvement cycle. For example, organizations can more easily configure business rules to alert examiners of high-score claims, if an electronic workflow has already been established.

• Talent. One potential constraint is the scarcity of BI experts who can create models for claims. BI skills exist in larger entities, but smaller organizations may struggle to find talent. In addition, BI has traditionally been deployed in pricing and underwriting. As organizations look to leverage BI in claims, they’ll need experts who understand how BI can be a benefit to the claims process in terms of enhancing efficiency and cost savings.

• Throughout the Claims Process. BI and predictive models must be applied not just at intake, but also throughout the claim’s lifecycle. New data may emerge and must be included in the analysis. It’s important that models factor in changing data sets. For example, analyzing claims after a more extensive investigation is performed can improve model output and accuracy.

• Closely Coupled with Claims Expertise. A claim may be scored with BI tools, but organizations must also consider where a claim will be routed for investigation and management. For example, with a complex injury case, a clinical team could be formed to review medical issues. Intervention on exceptional claims can help drive better outcomes.

THE FUTURE OF BI IN CLAIMS As we've discussed, public risk managers face tremendous pressure to reduce expenses and enhance workflow in their claims operation. By mining and analyzing claims data, they can unlock vital insights to fine-tune processes, achieve strategic objectives and make better business decisions now and into the future.

With an eye toward innovation, BI remains top of mind for many organizations. As we move forward, the industry will better understand the factors that must be taken into account to ensure success. As data improves in terms of accuracy and completeness, BI capabilities will also evolve and become more sophisticated. Organizations that combine powerful tools with human expertise will achieve the best results—leveraging BI in this fashion is within any organization’s reach.

Jose Tribuzio is the founder and CEO of Systema Software.

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PRIMA 2014

WEBINAR SERIES FREE FOR PRIMA MEMBERS! Looking for a cost-effective way to train your staff while avoiding the frustration of budget cuts and travel expenses? The Public Risk Management Association’s Webinar series is designed to help risk management professionals like you excel in the field without leaving your office.

WEDNESDAY, AUGUST 20 | 12 PM – 1:30 PM EST

RISK REDUCTION THROUGH PATROL-BASED VIDEO RECORDING SYSTEMS PRESENTER: Don Barnes, Assistant Sheriff, Orange County (CA) Sheriff’s Department Cameras and video-recording devices are ubiquitous and come in many forms. Though these devices present privacy implications, these devices also help reduce risk. What are the advantages and disadvantages of these systems? Is a recording-system right for your entity? The presenter will discuss the risk reduction strategies of video-recording systems including system design, implementation, capital and operating costs, policies and best practices and how to manage stakeholder expectations.

Attendee Takeaways • Identify the advantages and disadvantages of patrol-based video recording systems • Evaluate the cost and benefits of implementing a patrol-based video system • Understand the benefits of video-recording systems and how to gain public buy-in • Understand the role that video-recording systems play in investigative and prosecutorial situations.

Who Should Attend • Law enforcement administrators and managers • Risk managers • City counsel • Policy administrators • IT managers and system designers • Budget analysts

REGISTER TODAY!

PRIMA members receive complimentary registration and access to the Webinars!

For more information, or to register, visit www.primacentral.org.

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“I DO SOLEMNLY SWEAR. . .”

How Not to Be a WITLESS WITNESS

By Joe Jarret

I

t is a scenario that is played out in America’s courtrooms on a daily basis and can prove to be everything from high drama to mundane recitations of facts and figures. It is the giving of courtroom testimony, and, depending on your level of preparedness, can prove to be either a nightmare or merely a nuisance.

Regardless of how many depositions you’ve had to suffer through, there is an extreme psychological difference between giving testimony in the sterile confines of a lawyer’s office and testifying in open court in the presence of a judge, jury, onlookers and, at times, the media. The savvy risk manager will take the time to prepare for this eventuality in today’s litigious society. As such, the following will hopefully assist you in becoming a wise, as compared to a witless witnesses.

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How Not to Be a Witless Witness

FIRST THINGS FIRST: The first thing you should do if served with a subpoena to testify in court is to call your entity’s attorney. She or he should make it a point to meet with you well in advance to go over your testimony. There is nothing worse for the testimony to discuss this vital element of the trial. This is your chance to ask to be educated by your attorney. Your attorney should be able to nimbly answer such questions as, “What is the theory of the case? When are you going to need me to testify? What types of questions can I expect from both you and plaintiff’s counsel? Will I be expected to handle any physical evidence, draw diagrams, or explain the contents of a report? Is it a jury trial or a judge-only trial? Does plaintiff’s counsel maintain a courteous attitude toward witnesses or does she assume an antagonistic or adversarial attitude?”

This is also the time to provide all the facts of the case to your attorney, especially those facts that reveal infirmities, weaknesses or problems in the case. Better your attorney knows the facts, good, bad and ugly, than to hear them for the first time during your direct or cross examination by Plaintiff’s counsel.

In a previous piece in Public Risk, I outlined the do’s and don’ts of depositions, admonishing the reader to follow the Five “P” Principle: Proper Planning Prevents Poor Performance. Although that same advice would serve a courtroom witness well, there are some aspects unique to courtroom testimony, hence the 9 T Principle:

9 T PRINCIPLE Tell the truth! Whatever it is, tell it, regardless if it hurts your case Take your time. Reflect on the question asked and ensure you fully understand it before you answer.

Testify only about that which you know. Don’t speculate or theorize.

Talk to your attorney well in advance of your testimony Train yourself to sit erect, maintain eye contact with the judge, jury and attorneys, keeping your cool at all times Temper your use of risk management jargon or industry acronyms and be ready to thoroughly explain such terms when testifying; otherwise, the jury and even the judge will lose the meaning of your testimony.

Take a trip to the courthouse to observe a trial and people testifying as witnesses.

Thoroughly prepare by becoming intimately familiar with the facts and circumstances upon which you will be testifying.

Test your equipment. If you plan on using audio or visuals, advise your attorney and arrive early to verify that the courtroom will support your electronic devices and the necessary equipment will be available. However, you must be familiar with your material to the point that you would be able to explain your evidence without the aid of any electronic assistance.

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Unlike a deposition which is reduced to writing and rarely read in court unless a witness is unavailable, courtroom testimony is real time. More often than not, the judge and the jury will be hearing certain information for the first time, and it will be the first opportunity for them to observe you. Juries especially have a habit of formulating their opinions about witnesses and their credibility at the outset of their testimony. A good first impression can go a long way in establishing your credibility.

Unlike a deposition which is reduced to writing and rarely read in court unless a witness is unavailable, courtroom testimony is real time. More often than not, the judge and the jury will be hearing certain information for the first time, and it will be the first opportunity for them to observe you. Juries especially have a habit of formulating their opinions about witnesses and their credibility at the outset of their testimony. A good first impression can go a long way in establishing your credibility. The Clark County, Indiana, prosecutor’s office provides some timely advice that would serve a witness in a civil trial equally well. Portions of that advice, with some modifications follow: ➊ Do not guess or make up an answer. If you do not know the answer it is best to say, "I don't know." If you are asked about details that you do not remember it is best to say, "I don't remember." ➋ Dress neatly and conservatively, and be courteous.

The way you dress and present yourself is a direct reflection on you. You want to be sure that your appearance and manner do not distract the judge or jury from careful consideration of your testimony. A question should be answered, “Yes Ma’am,” or “No, Ma’am,” "Yes, sir," or "No, sir," and the judge should be addressed as "Your Honor." ➌ Be attentive. You should remain alert at all times so that you can hear, understand, and give a proper response to each question. If the judge or jury get the impression that you are bored or indifferent, they may tend to disregard your testimony. Use good posture; do not slouch.

➍ Take your time and speak clearly and loudly. Give the question such thought as it requires to understand it. The juror farthest from you should be able to hear distinctly what you have to say. Do not chew gum and keep your hands away from your mouth. Since all testimony is recorded, speak out loud, do not nod your head "yes" or "no." ➎ Answer all questions directly. Answer only the questions asked, then stop. Avoid "volunteering" information. If you do not understand a question, ask that it be explained. Do not look at the lawyer for help while you are testifying and never ask the judge if you have to answer. You are on your own. This will give the jury the impression that you are holding something back. ➏ Be serious in the courtroom. Avoid jokes and wisecracks before, during, and after your testimony. ➐ Do not lose your temper. Remember that some attorneys may attempt to wear you down so that you will lose your temper and say things that are not correct. Hold your temper and your testimony will be much more valuable. Do not fence or argue with the attorneys. They have a right to question you, and many are experts in this craft.

AUGUST 2014 | PUBLIC RISK

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How Not to Be a Witless Witness

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.

WEBINARS 2014 • August 20: Risk Reduction through Patrol-Based Video Recording Systems • September 18: Public Safety Operational Liability Issues and Controls • November 12: Contractual Risk Transfer and Flying Tomahawks

➑ Beware of questions involving distance and time. If you make an estimate, make sure that everyone understands that you are estimating.

PRIMA ANNUAL CONFERENCES June 7–10, 2015 PRIMA 2015 Annual Conference Houston, TX George R. Brown Convention Center June 5–8, 2016 PRIMA 2016 Annual Conference Atlanta, GA Hyatt Regency Atlanta June 4–7, 2017 PRIMA 2017 Annual Conference Phoenix, AZ Phoenix Convention Center

OTHER MEETINGS November 3-7 PRIMA Institute 2014 Louisville, KY

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➒ Give positive, definite answers when at all possible. Avoid saying, "I think, I believe, in my opinion." A witness testifies to facts, not beliefs, or opinions. Do not say, "That's all that happened." Cover yourself, and say, "That's all I recall." Later in your testimony, you may remember more details. Look directly at the attorney when asked a question. When you answer the question, you may speak directly to the jury or the judge if so advised by your legal counsel.

Finally, after completing both direct and cross-examination testimony, you should make certain that you are “permanently” excused and not subject to being recalled before leaving the courthouse.

Most attorneys will tell you that the most effective witness is one who can tell their story comfortably. Your level of comfort on the witness stand will be in direct proportion to the time you spend preparing for trial.

Joe Jarret is an attorney, federal & state mediator and a former public risk management who lectures full-time for the University of Tennessee.

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Member Spotlight

PROVIDING REASONABLE ACCOMMODATIONS IN SAN MARCOS JUST GOT EASIER features a member who has gone above and beyond in a feature column titled “Member Spotlight.” Do you know someone who deserves recognition, has made a contribution or excelled in their profession?

If so, we’d like to hear from you for this exciting column, as PRIMA shines the spotlight on its members.

To be considered for the Member Spotlight column, contact Jennifer Ackerman at jackerman@primacentral.org

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training completion by managers and supervisors. Going forward, this training will be a part of every new supervisor’s orientation.”

At the City of San Marcos, Texas, a gap analysis revealed that the need for supervisory and managerial training on reasonable accommodation. The report identified that the majority of managers and supervisors did not understand the definition of disability, how to identify an ADA accommodation request and the correct way to handle it.

“If they get it right, the entity can be acknowledged for respecting disabled worker rights. If they get it wrong, the entity can find itself spending time and money defending employment issues with the EEOC and possibly a courtroom, trying to explain how it didn’t provide a reasonable accommodation,” she said.

“To meet this need, the city developed an automated training tool called The Interactive Process for Reasonable Accommodation,” said Cindy Conyers, risk manager. “The tool is designed to provide interactive guidance in working with employees regarding reasonable accommodation.”

The City of San Marcos’ program can easily be adapted for any entity, said Conyers, since the content is relevant based on federal requirements.

The city recently acquired a software tool called Articulate, which allows the presentation to link a variety of supporting resources and present in a self-paced, on demand application.

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“One feature still in development is a post-test evaluation,” said Conyers. “This evaluation will be used to document

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Conyers pointed out that supervisors play a key role in the interactive process. They are on the frontline and are called on to recognize and start the accommodation process.

The development costs for the product were minimal.

Conyers and the city’s training coordinator spent three months developing the content and supporting materials.

No outside consultants were used. The product is the city’s least expensive required training.

For more information on the City of San Marcos’ reasonable accommodation training, contact Cindy Conyers at cconyers@sanmarcostx.gov.

One feature still in development is a post-test evaluation,” said Conyers. “This evaluation will be used to document training completion by managers and supervisors. Going forward, this training will be a part of every new supervisor’s orientation.

PUBLIC RISK | AUGUST 2014

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Each month, Public Risk

he Americans with Disabilities Act (ADA) requires employers to provide an employee who has a physical or mental disability with a workplace accommodation the will enable the employee to perform the essential functions of his or her position. Recent rule changes have increased the complexity of providing required training for managers and supervisors on the reasonable accommodation process.

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