Jason K. Anderson was a violent drug dealer from Minnesota running from the law—literally to the end of the road. The U.S. Marshals asked the Homer Police Department to assist them in apprehending this fugitive. When an attempt was made to apprehend the fugitive at the Homer airport, Anderson pulled a gun and began firing. The fugitive was killed during the resulting shootout, and his toddler son was seriously injured by a gunshot to the face; an infant girl also in the vehicle was uninjured.

The child’s mother sued, alleging among other things that the Homer police had injured her son. On March 7, 2013, almost seven years to the day after the gun fight, a federal jury vindicated the City of Homer, the Homer Police Department and the individual officers involved. Following a five-

week trial in U.S. District Court in Anchorage, jurors deliberated for a day and a half before issuing a unanimous verdict of non negligence, zeroing out the $23 million demand made by the mother, Cherry Dietzmann, and her legal team led by high profile attorney Phillip Weidner.

Homer City Manager Walt Wrede issued a public statement following the decision. “The City considers this verdict to be complete vindication for the Homer Police Department and for the officers involved in the case,” he wrote. “The City is also relieved that finally, after seven years, the facts about what occurred that night are available to the public and are part of the public record. The City declined to comment on this case while in litigation in order to maintain

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Improve Employee Recruitment & RetentionA well-crafted exit interview can provide vital knowledge to help you improve your business.

see Exit Interviews: A Tool to Improve Recruitment & Retention, pg. 6

A M L J I A 807 G Street, Suite 356 Anchorage, Alaska 99501 907.258.2625 217 2nd Street, Suite 200 Juneau, Alaska 99801 907.586.3222

IN THIS ISSUE

AMLJIA Defends Member 1Exposure Questionnaires 1In Good Company 2Pool News 2Board Appointment 3Training Reduces Liability 4Step Safely 4Sit-Stand Desk Solution 5The Law at Work 6Exit Interviews: A Tool 6Schools Provide Support After Tragedy 7Project to Curb Teen Medicine Abuse 7

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AMLJIA Successfully Defends Member in $23 Million Lawsuit

Did You Forget Your Exposure Questionnaire?Completed FY2014 Exposure Questionnaires were due by April 15th. The questionnaire provides you with the opportunity to review your exposures and make sure that your entity is properly protected. It is very important that the AMLJIA has up-to-date information from each member. Your completed questionnaire, together with an annual payroll audit at the close of the fiscal year, helps ensure that each AMLJIA member is contributing their fair share. The time you spend on these questionnaires benefits your entity and helps bring increased stability, strength and fairness to the entire membership.

If you have not yet returned your questionnaire, please fax it to 907-279-3615, or email paulb@amljia.org. For questions or assistance completing the questionnaire, please call us at 800-337-3682.

C o n n e c t i n g Yo u r C o m m u n i t y

In Good CompanyKevin Smith, Executive Director Implementing GHS:

Required TrainingThe Globally Harmonized System, or GHS, is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards and a standardized approach to label elements and safety data sheets.

OSHA has modified the Hazard Communication Standard to adopt the GHS to improve safety and health of workers through more effective communications on chemical hazards. The GHS provides a standardized approach to classifying the hazards and conveying the information. This will enhance both employer and worker comprehension of the hazards, which will help to ensure appropriate handling and safe use of workplace chemicals. In addition, the safety data sheet information will be standardized to enable employers, workers, health professionals and emergency responders to access the information more efficiently and effectively.

OSHA has established a phase-in period for the revised Hazard Communication Standard. By December 1, 2013, all employers must train employees on the new label elements and safety data sheet (SDS) format. Full compliance with the final rule will begin in 2015. Since many chemical manufacturers have already begun to produce GHS-compliant labels and SDSs, it is important to ensure that employees are familiar with them and access the information quickly.

It’s easy to train every employee with the AMLJIA Online University at www.amljia.org. The Online University has an updated Hazard Communications course which includes the new GHS standard. You can easily document training through the Online University by having employees print their training certificates and keeping them on file. If you have questions about the GHS, you would like assistance with training, or you have questions about the AMLJIA Online University, please contact your AMLJIA Risk Control Specialist at 800-337-3682.

When You’re Counting Every Dollar,

Make Every Dollar Count

As the days grow longer and we move into spring, many of you are probably reviewing your budgets and asking, “How can we get more for less?” Whether you are leading an organization with a million dollar budget or just trying to keep the lights on in a bare-bones office with a handful of employees, you face difficult decisions when it comes to your budget.

How do you expand services to meet the needs of your communities or schools when your budget is shrinking? How do you provide good response time when you can’t increase staffing? How do you allocate every budget dollar to get the most bang for your buck?

The AMLJIA faces the same decisions that you do. We are a member-owned, member-driven pool. As such, we are committed to providing you the best value for your dollar. We continue to expand and refine the services available to members like you. The Employment Law Hotline provides member administrators, mayors and supervisors with a half-hour of free legal advice on personnel issues. It potentially saves thousands of dollars in litigation costs by helping you navigate employment law. Our newest program, the Rate Stabilization Fund, gives members the option of using a portion of the members’ retained earnings to offset a portion of their annual deposit contribution.

The AMLJIA plays a supporting role in your organization by providing training, conducting risk assessments, providing personal history background checks, providing technical assistance concerning police practices, contract reviews, and much more. Just ask. We’re here to support you when a claim does occur, but we’re also here to help you prevent those losses from happening. Simply put, we’re here to help you keep things running smoothly and efficiently.

Regardless of our best efforts, we know that claims will happen. When they do, our experienced claims staff will work with you to smooth out those bumps in the road. Whether we’re helping with return to work for an injured employee, replacing a structure lost to fire, or providing legal defense and support when faced with a lawsuit (see AMLJIA Successfully Defends Member, pg. 1), the AMLJIA has the knowledge and resources available to carry you through every challenge.

We are busy working for the members every day. We appreciate your membership!

2 Joint Insurance Association, Inc

POOL NEWS

Local Government at its Best!

www.akml.org • 877-636-1325 • 907-586-1325

the integrity of the judicial process and protect the rights of all involved. This often provided the public with a misleading and one-sided version of what occurred that night.”

The AMLJIA took a very active role in handling this claim from its earliest stages. From the initial interviews through depositions and finally the trial itself, Claims Manager Johanna Grasso “provided an invaluable perspective on strategy,” said attorney Frank Koziol, representing the City on behalf of the AMLJIA. “Given her intimate knowledge of the facts, she was able to make informed decisions, along with [Executive Director]

Kevin Smith, which led to the jury verdict for the officers.”

The Homer Police Department, led by Chief Mark Robl, is to be commended for having policies, procedures and documented training in place to keep the department above reproach. “Plaintiff’s expert was complimentary of both training and policies,” said Mr. Koziol. As a result, the federal court dismissed claims against the City of Homer prior to the trial that alleged deficiencies in both training and the policies.

The AMLJIA supported the City of Homer in their belief that the officers involved

acted in a professional, reasonable, and responsible manner given the circumstances surrounding this incident. The AMLJIA commends the City of Homer, the Homer Police Department and the officers involved for maintaining the highest level of professionalism and integrity throughout this lengthy litigation. We would also like to thank attorneys Frank Koziol and Mike Hanson for their dilligent work on behalf of the AMLJIA and, in particular, Mr. Koziol’s representation of the City of Homer, the Homer Police Department, and the individual officers involved.

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Honorable Mention“I have personally taken time to complete some of the [AMLJIA Online University] training and found the content to be current and the course selection outstanding. The school district’s HR department has received multiple comments from individuals relating how much they felt they learned as they completed each online course.”

Brian Smith, Kenai Peninsula Borough Safety Manager

At Your ServiceWhen you visit www.amljia.org, you can now register for the secure Members Area. This members-only area will keep you up-to-date on the latest pool news and events. You can find timely information such as presentations from our 2013 Public Entity Risk Management Seminar, the Loss Control Incentive Program, sample contracts and more.

It’s easy to register. Simply click on “Members Area” and follow the registration instructions. Your registration will be confirmed within 1 business day, and you will have full access to exclusive members-only content. Register at www.amljia.org today!

Coming for FY2014—online claims filing!

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SECURE ONLINE MEMBERS AREA

Harcharek Appointed to AMLJIA Board of TrusteesBob Harcharek was appointed to the Board of Trustees at the November, 2012, annual meeting. Bob has lived and worked on the North Slope for more than 30 years and is currently the Mayor for the City of Barrow. His wealth of knowledge and experience make Mayor Harcharek a valuable addition to the board.

The AMLJIA recently hosted two annual training events in Anchorage: the Public Entity Risk Management Seminar and the Law Enforcement Management Institute. Both events are designed to raise awareness of liability issues and risk management techniques. The AMLJIA offers this annual training to members at no cost and provides a travel subsidy for up to two participants from each member entity.

The Public Entity Risk Management Seminar is an opportunity for municipal and school employees and elected officials to hear expert instruction in risk mitigation and prevention. AMLJIA staff and guest speakers presented topics this year ranging from fraud prevention to contract review to ethics. Guest speakers who graciously gave their time to share their expertise included:

Don Krohn, First National BankElizabeth Manfred, Dept. of Commerce,

Community & Economic DevelopmentDavid Sharrow, Anchorage School

DistrictJulie Cisco, Kenai Peninsula BoroughAllen Clendaniel, Sedor, Wendlandt,

Evans, & FilippiBob Stewart and Gregory Fisher, Davis

Wright Tremaine

Kathy Wasserman, Alaska Municipal League

Greg Russell, Russell ConsultingTom Tunnell, Petrostar Inc.Mike O’Hare, Division of Homeland

Security & Emergency ManagementMahlon Greene, Div. of Fire & Life Safety

Rob Wright, Alaska Occupational Safety & Health

The Law Enforcement Management Institute brought nationally recognized speakers Jack Ryan and Matthew Dolan to Anchorage to provide 40 hours of training in law enforcement liability issues, including human resources liability issues. Participants reviewed court decisions that have interpreted acceptable standards of conduct by officers and the dynamic landscape of police liability.

One of the simplest ways to reduce your exposure to risk is through training. The AMLJIA is your partner in training. Our Online University is open 24/7. Our staff is available by phone or email to answer your questions and help you to make informed decisions to protect your entity from costly exposures. Visit www.amljia.org/risk-management for a complete list of services and resources available to AMLJIA members, or call 800-337-3682 for assistance.

RISK CONTROL

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Step SafelySlips, trips and falls continue to rank in the top five claims pool-wide by both frequency and severity. You can help reduce the risk by making sure walkways are properly maintained. Some key checkpoints:

• Are aisles and passageways kept clear?

• Are wet surfaces covered with non-slip materials?

• Are holes in the floor, sidewalk or walking surface repaired, covered or otherwise made safe?

• Are materials or equipment stored in such a way that they will not interfere with the walkway?

• Are spilled materials cleaned up immediately?

• Are standard guardrails provided wherever aisle or walkway surfaces are elevated more than 30 inches above any adjacent floor or the ground?

• Are aisles or walkways that pass near moving or operating machines, welding operations or similar operations arranged so employees will not be subjected to potential hazards?

Training Reduces Liability, Enhances Professionalism

Participants at the Public Entity Risk Management Seminar finish the day with a game of Risk and Reward (above).

Attorney Jack Ryan’s background in law enforcement enables him to provide a unique perspective on police liability issues (below).

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Flip Foldager, City of Seward, receives a Special Achievement Award at the Governor’s Safety and Health Conference in Anchorage Flip (center) is pictured with Dianne Blumer (left), Commissioner, Alaska Department of Labor and Workforce Development and Jimmie Rogers, Chairman, Alaska Safety Advisory Council

Mr Foldager, the Harbor department’s Safety Officer, developed a Harbor Safety Program that is being implemented city-wide He is dedicated to providing the safest possible environment possible to his coworkers and to visitors of Seward Congratulations!

It’s safe to say that sitting for long periods of time at work is not good for your body. In fact, the term “Sitting Disease” has been coined by the scientific community and is commonly used when referring to metabolic syndrome and the ill-effects of an overly sedentary lifestyle. A 2010 study by the American Cancer Society found that the more people sit, the shorter their average life span. “For people who sit most of the day, their risk of a heart attack is about the same as smoking,” states Martha Grogan, a cardiologist at Mayo Clinic (“The Guide to Beating a Heart Attack,” Wall Street Journal, April 16, 2012).

What options are out there for employees who wish to do something different? A 2011 study published by the Centers for Disease Control and Prevention demonstrated the benefits of providing employees with sit-stand workstations. The Take-a-Stand Project reduced time spent sitting by 66 minutes per day, reduced upper back and neck pain by more than half and improved mood states (“Reducing Occupational Sitting Time and Improving Worker Health: The Take-a-Stand Project, 2011,” Preventing Chronic Disease, Volume 9, October 11, 2012.)

In October of 2012, the Denali Borough requested to use their AMLJIA Safety

Savings Account to purchase three Kangaroo Desk systems (www.ergodesktop.com). The concept of standing at work certainly is not new, but it is gaining momentum from recent studies and more people are moving towards this innovative approach every day.

The Kangaroo Desk system is quite simple in design. It has a vertically-moving, adjustable height desktop that elevates the monitor and keyboard to allow the user to easily move from a sitting to a standing position. There are other sit-stand systems available, but the Denali Borough found this one able to fit their needs and budget.

After four months of working with the new desks, the employees are giving rave reviews. “No complaints and lots of kudos,” says Annette Ziegman. “I love being able to stand and work.” Linda Paganelli adds, “What a fantastic unit. With the option of standing or sitting, I find myself upright more often than not. I have more energy because I do not have to sit all day long.”

Visit the AMLJIA Online University at www.amljia.org to learn more about ergonomics, or contact an AMLJIA Risk Control Specialist at 800-337-3682 to discuss ergonomic solutions for your entity.

Sit-Stand Desks Offer Ergonomic Solution

Gail Peiknik , Borough Clerk, enjoys the flexibility of standing or sitting while she works at an adjustable height workstation.

RISK CONTROL

C o n n e c t i n g Yo u r C o m m u n i t y

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HUMAN RESOURCES

Exit Interviews: A Tool to Improve Recruitment & RetentionEvery employer knows the importance of interviewing prospective employees. But do you know that conducting an exit interview when an employee leaves service can be equally important? If you have never held an exit interview, you may wonder how questioning someone on their way out the door can help you improve employee recruitment and retention. However, a well-crafted exit interview can provide vital knowledge to help you improve your business.

Your employees are your internal customers and, as with all customers, their relationship with your organization is an integral part of your business. An exit interview can reveal a great deal about how the employee viewed this relationship, and this information can help you improve your relationship with your current and future employees. The key to getting useful information is to do the exit interview the right way and for the right reasons.

Many employers believe an employee’s supervisor should administer the exit interview. Think about the implications for a moment. If the employee had an issue with their supervisor, is there much likelihood that they will say so during the interview conducted by that person? Probably not. You could have human resources conduct the interview, but if the exiting employee is hoping to get good a good reference in the future, they probably won’t say anything that might burn bridges. Optimally, a neutral third party will conduct the interview. At the very least, make sure the interviewer is someone the departing employee has trust in and who will maintain confidentiality.

Once you have decided who will conduct the exit interview, you need to determine when to conduct the interview. Some employers prefer to conduct exit interviews immediately when an employee gives notice. However, if an employee is departing because they are upset with a supervisor, the organization, or a situation at their job, they may be better able to answer questions after a couple weeks separation, when they have had time to gain perspective and set aside emotion.

Finally, the reason you want to conduct the exit interview is to find the real reason behind the employee’s decision to leave your organization. Most employees, upon submitting their resignation, will say they were looking for more money, a flexible schedule, more benefits, or similar reasons, and they may very well be gaining something beneficial with a new employer. However, there was probably some underlying factor that sent them looking for a

new opportunity in the first place, and you want to find out what drove them to begin searching. Ask questions that will reveal the employee’s thoughts and opinions about their time employed by you, from initial recruitment and selection to supervision and management, work environment, organization culture, and opportunities for training and advancement, and discover what aspects of their new job they find more advantageous.

Compile the information you glean from exit interviews, and be prepared to take action to improve your organization based on what you learn. You may not be able to offer higher wages, but perhaps you can identify other areas which will make your organization more attractive to new recruits. If you simply file the information and fail to make any changes, then the time conducting the exit interview is wasted. If you take the time to establish the purpose and goals of the exit interview, you can create a useful tool to improve employee recruitment and retention.

The Law At WorkQ. We have a police officer who abuses sick leave. She misses work every week or two, calling in with various ailments right when she is supposed to be reporting to work. She hasn’t used more leave than she’s accrued, but her frequent absences are causing a problem with scheduling in the department. It’s time for her annual evaluation, and I’m planning to rate her lower because of this issue. Do you see any problem with that idea?

A. I do see a problem with dinging the employee over the use of sick leave, and here it is: she accrued the leave, it’s for illness and injury, and she’s evidently using it for that purpose. Illness can be inconvenient for employers; if it seems to be abused, then the City Council may need to consider reducing the accrual rates. Leave it out of her evaluation; focus on her performance when she’s there. I encourage you to review her sick days to see if there’s been a pattern—lots of Mondays and Fridays off can indicate substance abuse, for example. If you believe there is something other than common illness here, you may wish to talk with her about an evaluation. This is a touchy subject, though, and I recommend you call me on the Hotline to discuss it.

The Law At Work is written by Leslie Longenbaugh, Longenbaugh Law Firm, LLC. Ms. Longenbaugh answers your employment law questions through the Employment Law Hotline. The Hotline is a free service to AMLJIA member managers, mayors, superintendents and supervisors. Call the Employment Law Hotline if you are faced with layoffs, restructuring a department,P personnel problems, or a decision to terminate an employee. The AMLJIA Participant Coverage Memorandum requires that you consult an attorney before terminating an employee. Call 877-4AMLJIA (877-426-5542) for a free 30 minute consultation before you take action.

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When an unexpected tragedy strikes even one student or teacher, the entire school community feels the impact. While recent headlines underscore the impact of a mass casualty event at a school, it may be easy to overlook the aftermath a single unexpected death can have on a student body.

Few events have the impact of a sudden, unexpected loss of a classmate or teacher, or even a community member whose death affects a significant portion of the school population. It may be especially difficult for young children who may not have had to deal with the death of a loved one or close friend before. When such a tragedy occurs, the school community can provide the support needed to help students and staff work through the crisis.

A school is in the unique position of providing both a safe routine at a time of uncertainty and supportive adults who already have an established rapport with the students. Since it is likely that an unexpected tragedy will impact school staff as well as students, it is important to have a plan in place so that everyone

knows how to respond, even in a time of crisis. For example, if a student or staff member died in an accident, what information would be provided to students, parents, and staff and how would that information be relayed? What if something happened during the school day?

Depending on the nature of the crisis, be prepared to respond to students’ emotional needs. This could include anything from training teachers to lead small discussions in class to providing one-on-one counseling with a school counselor or community mental health professional, or a school assembly in remembrance of the victim. It could even mean opening the school after hours to give students a safe place as they feel a need to congregate and process news of a tragedy that may have just occurred.

It is impossible to plan for every possible tragedy that could occur, but having a crisis plan in place allows the school community to respond quickly and appropriately. Use

community resources and personnel who can help with crisis response planning and training. When sharing information, make sure it is accurate. Recognize the need to increase suicide prevention efforts in the wake of an unexpected tragedy.

Finally, think prevention! Know the leading causes of death for children and create prevention programs, or utilize community and state resources to implement prevention programs for your school. We can’t protect children from all dangers, but we can educate them to make safe choices on their path to adulthood.

Schools Can Provide Support After Tragedy

Last fall, The Partnership at Drugfree.org launched The Medicine Abuse Project, an action and education campaign to curb teen medicine abuse and ultimately save lives. The Medicine Abuse Project aims to prevent half a million teens from abusing medicine within five years.

One in six teens has used a prescription drug in order to get high or change their mood, too often with deadly consequences. Addressing the epidemic of teen medicine abuse is a responsibility that falls upon entire communities, including educators, who are in a unique position to help recognize, respond to and address this health crisis that affects thousands of families across the country.

At MedicineAbuseProject.org, there is a suite of resources for educators tailored specifically for teachers, school administrators, school nurses and other specialized instructional support personnel to help prevent medicine abuse in schools, homes and communities.

Go to MedicineAbuseProject.org to download curricula, posters, parent talk kits, drug guides and more. While you are there, take the Pledge to end medicine abuse!

Source: The Partnership at Drugfree.org

Project Aims to Curb Teen Medicine Abuse

ABOVE THE GRADE

807 G Street, Suite 356 Anchorage, Alaska 99501

Calendar April 2013 - July 2013

Building on Tradition Protecting Your Future

AMLJIA Exposure Questionnaires DUE April 15, 2012

AMLJIA Board of Trustees Quarterly Business Meeting

AGFOA Spring Conference Talkeetna, AK May 15-17, 2013

GFOA Annual Conference San Francisco, CA June 2-5, 2013

ALASBO Summer Leadership Conference TBD July 26-28, 2013

April 23, 2013Anchorage, AK