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CAJPA Journal

Fall 2011 Edition

 

In This Issue
President's Letter
Legislative Update
Master Your Meetings: Robert's Rules in Real Life
2011 CAJPA Fall Conference & Training Seminar Lived Up to its Theme, "Built to Last"
A Broker's Duty to the Insured

Upcoming Events

LITL Program (Northern CA): October 26

(Southern CA):
November 2

SAVE THE DATE
2012 CAJPA Fall Conference: September 19 - 21, 2012

ACWA JPIA Wins Prestigious Award  

The Sacramento Metro Chamber and the Business Environmental Resource Center will recognize top environmentally conscious Sacramento area businesses during an awards ceremony, 8 a.m. to noon, Sept. 15 at Tsakopoulos Library Galleria, 828 I St., Sacramento.

The event includes a Sustainability Expo with representatives from state and local agencies as well as exhibitors from environmental and pollution prevention firms. 

 
CAJPA's LITL Program

Northern CA: October 26, 2011

Southern CA: November 2, 2011

Cost:  $25 per person (includes lunch)

LITL Northern California Program

October 26, 2011
10:00 a.m. - 2:00 p.m.

Location:
Schools Insurance Authority
9800 Old Placerville Road, Suite 100, Sacramento, CA

Pre-registration is open until October 19; registration onsite begins at 9:30 a.m.  

Register for the Northern California LITL Program  

LITL Southern California Program

November 2, 2011
10:00 a.m. - 2:00 p.m.

City of Vista
200 Civic Center Drive, Vista, CA 92084

Pre-registration is open until October 26; registration onsite begins at 9:30 a.m. 

Register for the Southern California LITL Program

Topics Covered at Both Locations

Medicare Reporting and CMS Implementation Update

This program will bring you up to date on the current CMS timetables, liability insurance (including self-insurance) exposures, settlement negotiation techniques, claims management and the role and responsibilities of defense counsel.

Discussion led by: Neal Meyers, Daley & Heft, LLP & Manual Valdez, Ringler Associates Southwest, Inc.

Claims Audit   

Discussion led by: Tom Baber, York Insurance Services Group, Inc. (Northern California Session Only), Mike Reed, Carl Warren & Company (Southern California Session Only)  & Ken Maiolini, Risk Management Services

Moderated by:  Jack Blyskal, CSAC Excess Insurance Authority
President's Letter
By Martin Brady, Executive Director, Schools Insurance Authority

Martin BradyReflections from an Optimist
I would like to take this opportunity to thank everyone who participated in the recent annual CAJPA conference. The conference was a great success - I heard many positive comments about the high-quality sessions, presenters, and breadth of information shared.  Planning for next year's conference is already underway with enthusiasm.

In tune with our conference theme, "Built to Last," it was David Brinkley who said, "A successful man is one who can lay a firm foundation with the bricks others have thrown at him." As most of us would attest, quality construction materials are necessary to build great organizations and pools. However, it is the strength and quality of people working together that truly make the difference.

While the challenges we face are many, including a stubborn economy that most of us have not seen in our lifetime, I would strongly encourage you to engage actively with CAJPA in order to continue our fine tradition of serving the public agencies of California. We must have a spirit of innovation and perseverance that enables us to test fast, fail fast, and adjust fast. We must equip ourselves with knowledge and data to make sure that our solutions are practical and thoughtfully applied.

In closing, I would encourage all of us to look for opportunities born out of crisis and to keep our sense of humor.  It has been said that humor is a lot like changing a baby's diaper. It doesn't fix things permanently, but it makes things more tolerable in the short term.
Legislative Update
By Julianne Broyles, CAJPA Legislative Advocate, California Advocates

Juli Broyles photo

The dust is settling after the close of the annual bill signing/veto season in Sacramento. 

 

CAJPA is happy to report that the 2011 legislative session ended on a high note with the vetoes of several problem bills. Through the hard work of CAJPA's Legislative Committee, CAJPA members, and the combined efforts of our public and private sector partners, CAJPA was successful in halting the progress of a number of harmful measures.  

 

"We are satisfied with most of the results of the 2011 legislative session," said CAJPA Legislative Chair Janet Selby. 

Governor Jerry Brown vetoed several bills strongly opposed by CAJPA and other public entities. 

Master Your Meetings: Robert's Rules in Real Life
By Ann G. Macfarlane, Professional Registered Parliamentarian, Jurassic Parliament

Ann Macfarlane
Our presentation on meeting process at the 2011 CAJPA Fall Conference produced some intriguing information on how governmental bodies interact with the public at their meetings. As a follow-on to that discussion, I would like to review some fundamental principles of Robert's Rules of Order and common parliamentary law.

(1) The way that any governing body does its work is by talking and voting. Members discuss a course of action and then decide, by majority vote, whether to pursue it or not. This is the work of the body - the equivalent of grinding grain to bake bread or stewing hops to make beer. Instead of bread or beer, we produce decisions. And the way we do it is to talk our way through the issues.

(2) This means that talking is the work. All the members of the body have an equal right, and indeed an obligation, to do this work. However, anybody who is not a member does not have the right to do this work - does not have a right to be an active participant in the discussion.

 ...Continue Reading
2011 CAJPA Fall Conference & Training Seminar Lived Up to its Theme, "Built to Last"
By Simone Parker, CAJPA Meetings & Membership Specialist  

Joint powers professionals took over South Lake Tahoe with nearly 1,000 attendees at the 2011 CAJPA Fall Conference & Training Seminar. Participants representing both CAJPA and AGRIP came from all over the country. Keynote speaker, Mike Rayburn, inspired the audience to leap beyond their perceived limitations through humor and uproarious songs. With more than 80 speakers and concurrent sessions, each conference registrant had the opportunity to build their own educational blueprint with topics on litigation, finance, loss control, liability and workers' compensation.

Attendees swept through the exhibit hall learning about the latest trends, top-notch products and quality services available to the industry. CAJPA could not host this annual event without the support of its sponsors and exhibitors. Thank you again for your continued dedication to CAJPA and its mission!

In conjunction with the CAJPA Professional Development Committee, staff is already hard at work planning the 2012 Annual Fall Conference & Training Seminar. If you have session topic suggestions, please complete the


Mark your calendars for 2012!
September 18-21, 2012
Embassy Suites, South Lake Tahoe
A Broker's Duty to the Insured
By Robin Johnson, Law Office of Robin Johnson

Workmen's Auto Insurance Company v. Guy Carpenter & Company, Inc.
2011 DJDAR 6361
California Courts of Appeal
Second Appellate District
Division Two
File May 4, 2011
 
Although insurance brokers may personally impose a high standard upon themselves, the law does not necessarily require such a high standard. To what standard does the law hold an insurance broker? 

Workmen's Auto Insurance Company addresses the question of whether a broker owes a fiduciary duty to its client, or merely the ordinary duty of reasonable care. The court notes that a broker is an agent of the insured. However, it also recognizes that insurance law and agency law conflict as to the duty owed.In this case the court points out that a broker, under insurance law, can be an agent of the insured and the insurer. This dual agency conflicts with the duty of a fiduciary, who must represent his client absent any conflict of interest. The court reviewed prior California decisions finding that the courts in the past have not held brokers to a duty to advise insureds of additional coverage available  or advise a client when the insurance is canceled.

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The Journal is a publication of the California Association of Joint Powers Authorities, a nonprofit trade association formed in 1981 to serve as a communication and educational resource to California Joint Powers Authorities.

Editor: 
Jan DeGracia, Executive Director, North Bay Schools Insurance Authority

Executive Director:
Catherine Smith, CAE
California Association of Joint Powers Authorities (CAJPA)
1215 K Street, Suite 2290 Sacramento, CA  95814
Phone: 916-231-2139
Fax: 916-231-2141
Email: casmith@cajpa.org
www.cajpa.org