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HomeMy WebLinkAboutMinutes - Minutes - Risk Management and Worker's Compensation Trust Board - Meeting Date: 5/3/2023eiendale A R I z o N A MINUTES RISK MANAGEMENT TRUST FUND BOARD CITY HALL HUMAN RESOURCES TRAINING ROOM 5850 W. GLENDALE AVE, GLENDALE, ARIZONA 85301 MAY 3, 2023 10:00 A.M. CALL TO ORDER Chair Deardorff called the meeting to order at 9:17 AM 2. ROLL CALL at 9:17 AM Present: Gary Deardorff, Chair Raymond Johnson, Vice Chair Ray Mainar, Board Member Vicki Rios, Board Member Also Present: Dianne Shoemake, Risk Manager Lorena Sanchez-Zumph, Workers' Compensation and Risk Program Manager Sam Garza, Risk and Safety Program Manager Kathleen Thomas, Risk and Safety Analyst Ashley Wallace, Assistant City Attorney Stephanie Guizar, Risk Management Specialist CITIZEN COMMENTS: NONE 4. APPROVAL OF THE MINUTES OF NOVEMBER 9, 2022 Motioned by Board Member Ray Mainar, seconded by Chair Gary Deardorff to approve the minutes. AYE: Chair Gary Deardorff Board Member Ray Mainar Vice Chair Raymond Johnson Board Member Vicki Rios Passed 5. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION -Upon a public majority vote of a quorum of the Risk Management Trust Fund Board, the Board may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (i) discussion or consideration of records exempt by law from public inspection (A.R.S.§ 38-431.03(A)(2)); and (4) discussion or consultation for legal advice with the city's attorneys (A,R.S. § 38-431.03(A)(3)). Executive Session Legal Matters A. The Risk Management Trust Fund Board will meet with representatives from the City Attorney's Office and Risk Management to receive an update, discuss, and consult regarding the City's position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation. (A.R.S. § 38-431.03(A)(3) and (4)) Motioned by Chair Gary Deardorff, seconded by Board Member Vicki Rios to enter into executive session at 9:19 AM AYE: Chair Gary Deardorff Board Member Ray Malnar Vice Chair Raymond Johnson Board Member Vicki Rios Passed 6. DISCUSSION AND POSSIBLE ACTION ON PROPERTY AND LIABILITY CLAIMS AND LAWSUITS 7. MOTION TO RECONVENE REGULAR SESSION Motioned by Chair Gary Deardorff, seconded by Board Member Vicki Rios to adjourn executive session and reconvene regular session. AYE: Chair Gary Deardorff Board Member Ray Malnar Vice Chair Raymond Johnson Board Member Vicki Rios Passed 8. DISCUSSION AND APPROVAL OF FISCAL YEAR 2023-2024 PROPERTY AND LIABILITY INSURANCE AND EXCESS INSURANCE PROGRAMS City Ordinance, Chapter 2, Administration, Article 5. Financial Affairs, Division 5. Risk Management Trust Fund, Section 2-207 provides that "The city risk manager, acting for the city manager, is authorized to enter into, on behalf of the city, any appropriate commercial insurance, alternative risk financing and surety bonding contracts to provide such risk insurance as determined to be in the best interests of the city". The staff worked together with our broker, Alliant Insurance Services, on the renewal of the property and liability program. Alliant has been placing insurance for cities for over 28 years. The presentation summarized the market, current programs, and outcome of the renewals. Alliant Insurance Services brokers, Christine Tobin, presented FY 2023 -2024 Property and Liability Insurance and Excess Insurance Programs, First Vice President -Public Entity Group, Banesa Laird presented the cities' coverage and budget Vice Chair Ray Malnar asked about slide 24 of the presentation: "Safety National has provided a quote to increase employers' liability limit from 2 to 5 million at no additional premium." What does that mean exactly? Banesa Laird advised that it should be a 3 and that it is the employers' liability limit that is increasing. Staff Liaison Dianne Shoemake clarified, asking, is it going from 1 to 2 or 2 to 3, and then Christine Tobin clarified that it was increased to 5. The reason why they did this is that they asked Safety National about the liability placement if they would list the employers' liability under an umbrella. If the city had an employers' liability claim that was large, it would go up into Safety National's liability "inaudible word". They said that the only way they could do that was if they increased the employers' liability to 5 million under the workers' compensation program. Dianne Shoemake asked if those claims are rare and asked Christine Tobin to explain what the employers' liability is? Dianne stated that those claims are very rare. Christine Tobin agreed and slated that workers' compensation claims are when an employee is injured and the insurance will provide such coverage as loss of wages, medical payment reimbursements, and death payment. All these coverages have statutory limits. Where employers' liability comes to play is when the city is being sued. For example, you could be sued by the employee, spouse or child that lost someone. It comes when the employer is negligent and Christine Tobin gave an example as an employee not getting proper training and that is when an employee or relative can sue. Christine Tobin stated again that she rarely ever sees those claims. Dianne Shoemake advised that in AZ if you accept workers' compensation you, could not sue your employer. Christine Tobin reiterated the 5 million dollar coverage for employer's liability. Ray Malnar asked if that means we cover up to 5 million if an employee sues. Dianne Shoemake confirmed, but clarified that it is not your liability limits for workers' compensation, since that is a lifetime statutory benefit that is separate. There is no limit on what you can pay out. Ray Malnar then asked about the workers' compensation excess coverage and thought that was raising the Workers' Compensation excess. The workers' compensation provides both; the statutory benefits and employers' liability. There is no limit to workers' compensation coverage. The limit is the excess coverage if the city is being sued. It is a small risk, since in AZ, once you have accepted workers' compensation, you can't sue your employer. Board member Vicki Rios joked that they raised our limit at no cost, since we would never have it anyway. After the budget discussion, board member Vicki Rios asked what we put in our budget? Dianne Shoemake advised we put in just about 1.3 million to account for the increase and the cost of all the coverage. Vice Chair Ray Malnar asked if that was in addition to our budget and Dianne Shoemake answered yes. Board member Vicki Rios stated that we anticipated all this and staff confirmed. Dianne Shoemake then made her recommendations. Ray Malnar asks why there isn't a total and Dianne directs him to review the handout. Vicki Rios explained how she understood the figures provided in the handout. Ray Malnar asked what we requested in the budget. Dianne clarified the additional 1.2 million that she asked for in addition. Raymond Johnson asked about how cyber is additional coverage, since the excess coverage doesn't include that coverage. Dianne advised how the board packet doesn't include the increase in property or additional limits. Dianne clarified what she is asking the council for by stating the figures. The total projected premiums for the property and liability coverage are $4,708,742,69 compared to $3,710,065.11 over last year. Staff is recommending authority not to exceed $4,708,742.69. The premiums are paid by the Risk Management Trust Fund. We expect to receive all firm final quotes by the end of June to complete the July 1, 2023, renewal. Dianne gave more information on Alliant Insurance Services. Motioned by Board Member Vicki Rios, seconded by Board Member Ray Malnar to approve and recommend to the City Council approval of the property and liability insurance and excess insurance programs not to exceed $4,708,742.69. AYE: Chair Gary Deardorff Vice Chair Raymond Johnson Board Member Ray Malnar Board Member Vicki Rios Passed FOR INFORMATION PURPOSES. DISCUSSION OF 2023 LIABILITY AND PROPERTY ACTUARIAL REPORT AS OF DECEMBER 31, 2022 EXTRAPOLATED TO JUNE 30, 2023. Staff Liaison Dianne Shoemake read the report verbatim and, when needed, explained any points that were not clear in the 2023 Liability and Property Actuarial Report as of December 31, 2022 extrapolated to June 30, 2023. Annually, Risk Management conducts an actuarial analysis of property and liability losses to project fund balance in compliance with GASB Statement No. 10 and to provide the funding level of the risk management trust fund on the amounts expended on self-insurance at a 55% confidence level. Included in your packet is the Actuarial Report as of June 30, 2023. For liability losses, the current self -insured retention is $1,000,000 and for city property damage losses, the deductible is $100,000, except flooding, which is $500,000 and automobile physical damage is $25,000. The actuary's projection for the minimum balance to be maintained in the trust fund, at a 55% confidence level, for both property and liability is $7,085,431. The fund must be maintained at this amount at the fiscal year-end to be in compliance with GASB 10. The fund should also have money to pay for new losses and changes in existing losses in the upcoming fiscal year. Vice Chair Ray Malnar asked, what do you contribute to dropping frequency? Dianne answered and advised that it is hard to control the amount of losses and difficult to anticipate. Vice Chair Ray Malnar asked if the departments are cooperative? Dianne answered yes. Board Member Raymond Johnson was wondering if you could have loss control? Dianne gave an example of an individual who was resisting arrest, and the officer having to use whatever means to make the arrest. The arrestee can file a lawsuit due to the officer's use of force. The training is put in place to avoid these losses, but it is difficult to avoid the use of force at times. Lorena Sanchez made a comment about how we are seeing this on the workers' compensation side and, after the arrest, they are often remorseful. Board Member Raymond Johnson commented that a lot of the cost could be the materials needed, and Dianne agreed. For example, cost of repairs. 10. FOR INFORMATION PURPOSES: DISCUSSION OF RISK MANAGEMENT TRUST FUND FISCAL YEAR (FY) 2022-2023 REVENUES, EXPENSES AND FUND BALANCE Staff Liaison Dianne Shoemake read the report verbatim and, when needed, explained any points that were not clear in the Risk Management Trust Fund Fiscal Year 2022-2023 revenues, expenses and fund balance. In the column entitled "2023", the total revenue received to date is $11,726,857.85. The ending fund balance as of April 10, 2023, is $14,411,190.52. The actuary projected estimated losses to be paid in FY 23/24 at $4,256,306.00 and projected new losses to be received at $3,709,000.00. After deducting those amounts from the variance above the confidence level, the projected FY 23124 ending fund balance is below the confidence level by $639,546.48 taking into consideration claims coming in (new reserves) and to be paid out during the FY. Vice Chair Ray Malnar clarified that she was discussing this fiscal year and that the deficit will not be there at the end of the year. Dianne Shoemake confirmed. Vicki Rios suggested for us to have a column that had the following years budget to see if the trust fund was budgeted sufficiently. Vice Chair Ray Malnar asked, what did we budget ? No additional... just kept it the same? Dianne confirmed nothing in addition. Rios gave an example of adding staff and Dianne advised, no we have not added staff. 71. DISCUSSION TO SELECT DATE OF NEXT BOARD MEETING The next regular meeting of the Risk Management Trust Fund Board will be held on August/September 2023, location to be determined. Board members discussed their availability, but no decision was made on the meeting date. It was decided to be determined at a later date. Board Member Vicki Rios asked if we would be voting for Chair and Vice -Chair and Dianne advised that was a mistake and that would be added to the next meeting, Board Member Raymond Johnson asked if we ever uncovered the filing of, the certificates of professional lines, and as Alliant as a broker do they, annually provide a certificate and if we could disclose those limits? Dianne confirmed we do receive those, and we can disclose them if needed. Raymond Johnson then commented about if there were any claims against Alliant. Dianne advised that we ask for the occurrence and the per -aggregate, hoping that there is an aggregate limit that provides you coverage. Dianne recalls that the limit is 10 million and their biggest exposure is their professional liability. Raymond Johnson commented that it's nothing they recover and Dianne advised that it is in the contract as part of the RFP that is put out, and they have to do it annually when it expires. 12. ADJOURNMENT Motioned by Chair Gary Deardorff, seconded by Board Member Ray Malnar to adjourn the meeting at 10:48 AM. AYE: Chair Gary Deardorff Board Member Ray Malnar Vice Chair Raymond Johnson Board Member Vicki Rios Passed The Risk Management Trust Fund Board meeting minutes of May 3rd, 2023 were submitted and approved this 17th day of May, 2024. (V1►r,Wx6 AykAP.+< s trn Michael Andersen Recording Secretary