Michigan PRIMA - Amazon Simple Storage Service · PRIMA USEFUL RESOURCES Stay informed on the latest national and local events. Educational Resources The Institute ... Our guest speaker

June 2015

President’s Message

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

MichiganPRIMA

USEFUL RESOURCESStay informed on the latest national and local events.

Educational Resources

The Institute www.TheInstitutes.org

Offering professional designations in Insurance and Risk Management

CPCU Societywww.cpcusociety.org

5 CPCU chapters located in Michigan

PRIMA Institute

Public Entity Risk Institute (PERI) E-Training Center

Risk and Insurance Management Society (RIMS) – Education

National PRIMA www.Primacentral.org

Offering National Membership and Webinar Series

Olivet College www.olivetcollege.edu

OTHER USEFUL RESOURCESAM Best Rating Center

Dept. of Treasury’s Listing of Approved Sureties

Michigan Office of Finance and Insurance Services Search Criteria for Insurance Entities

Michigan BWDC Employer Insurance Coverage Inquiry

Current Workers Comp Insurance Coverage Lookup

Risk Management Library

Library and Resource Directory

Visit MIPRIMA online...

scan the QR code!

REMINDERAnnual MIPRIMA Scholarship Golf Outing

June 17, 2015Lyon Oaks Golf Course

We would love for you to join in this fantastic event

Please sign up at your earliest convenience.

SUMMER!!! Time to get into the swing of things . . . that’s right MIPRIMA hits the links on June 17th . . . The MIPRIMA Annual Scholarship Golf Outing is our way of preparing the future of municipal risk management by raising scholarship money to help college student earn their degree in insurance and risk management. Hole Sponsorships are still available . . . please let us hear from you. Likewise, have you signed up your foursome??? It’s not too late . . .

This year through your support MIPRIMA will be awarding 6 scholarships to deserving students and in the past 11 years, MIPRIMA has awarded $117,500 in scholarships. Can you say AWESOME!!! Help us continue the success.

· IMPACTFUL!!! MIPRIMA’s Summer Conference is July 16th and 17th at Crystal Mountain. And we have a line-up for you . . . Dash and Body Cam’s – Police Procedures and Challenges . . .

· Claim Handling Strategies for Complex Claims and Mitigating Worker’s Compensation Exposures

· Michigan Sports Concussion Law – What Public Entities and Schools Need to Know . . .

· Medical Technology and Pharmaceutical Advances as Future Cost Drivers . . . · Impact of Supreme Court Ruling on Post-Employment Benefits and Labor Contracts

We ask all of our speakers to present meaningful material that provides our membership with TAKEAWAYS that you can use when you return home. Please plan to join us at our summer conference and bring your sticks as we squeeze in a round of golf.

Thanks again for your support of MIPRIMA . . . where we provide EDUCATION / KNOWLEDGE in Risk Management!

2015 MIPRIMA Board of Directors

PRESIDENTCharlie Stevens

MMRMA734-513-0300

[email protected]

VICE PRESIDENTRick Hensley

City of Battle CreekBattle Creek, MI 49016-1717

[email protected]

TREASURERMichelle King

City of Flushing, MI 48433810-659-5665

[email protected]

PAST PRESEIDENTPaul VanDammeCity of Roseville

Roseville, MI 48066-0290586-447-4622

[email protected]

SECRETARYDrew Dunsky

C/O Road Commission for Oakland CountyBeverly Hills, MI 48025

[email protected]

TRUSTEESEllen Ortopan

City of SouthfieldSouthfield, MI 48027

[email protected]

Jim CraigMiddle Cities Risk Management Trust

Lansing, MI 48917-6872517-492-1380

[email protected]

Carol ScottLansing Board of Water & Light

Lansing, MI 48910517-702-6620

[email protected]

Michigan PRIMA P2

THE ANNUAL MICHIGAN PRIMA

SCHOLARSHIP GOLF OUTING

JUNE 17, 2015

Lyon Oaks Golf Course 52251 Pontiac Trail Wixom, Michigan

Registration and coffee/donuts begin at 8:30am.

****FULLY PAID FOURSOMES ONLY****

$360 Per Team

Teams should submit one check for the team. PLEASE PROVIDE THE NAMES OF ALL FOUR GOLFERS ON YOUR TEAM.

Send your check now to reserve a spot for your team; we are limited to 144 golfers.

Price includes: Golf with cart, coffee/danish, lunch,

three hour open bar starting at 2:00pm, dinner and prizes. (Beverage cart on course is cash only.)

If attending for Dinner and bar only: $45.00 Per Person

Make all checks payable to MIPRIMA

Send to:

Drew Dunsky, Risk Management Program Coordinator c/o Road Commission for Oakland County

31001 Lahser Road Beverly Hills, MI 48025

(248)645-2000

Michigan PRIMA P3

MIPRIMA SUMMER CONFERENCEJuly 16 - 17, 2015

8:00 AM - 11:30 AM Crystal Mountain

12500 Crystal Mountain Dr. Thompsonville, Michigan 49683

Thursday, July 168:00 to 9:00 Registration and Breakfast9:00 to 9:15 President's Remarks9:15 to 10:15 Dash and Body Cams -- Police Procedures and Challenges Audrey Forbush, Plunkett Cooney Gene King, MML Law Enforce Action Forum Coordinator10:15 to 10:30 Break10:30 to 11:30 Claim Handling Strategies for Complex Claims/Mitigating Workers' Compensation Exposure Dennis Gagliardi, Midwest Employers Casualty11:30 to 12:30 Lunch12:30 to 1:30 Michigan Sports Concussion Law -- What Michigan's Public Entities and School Systems Need to Know Laura Rowen, Unintentional Injury Prevention Consultant with the State of Michigan Mike Dabbs, President of the Brain Injury Association of Michigan2:00 to 6:00 Afternoon Activities -- On your own OR Best Ball Scramble at the Betsie Valley Course (Make your $45 check payable to MIPRIMA) Golf includes cart, beverage and prizes

Friday, July 178:00 to 9:00 Breakfast9:15 to 10:15 Medical Tecnhology and Pharmaceutical Advances as Future Cost Drivers Dennis Gagliardi, Midwest Employers Casualty10:15 to 10:30 Break10:30 to 11:30 Impact of Supreme Court Ruling on Post-Employment Benefits and Labor Contracts: M&G Polymers v Tackett, (the background of the case, the actual decision, and its general implications to public entity employers) Bill Reising, Plunkett Cooney. 11:30 Box Lunch

Register today to participate in this educational opportunity and network with your peers.

Go to the MIPRIMA Web page and register today. www. Miprima.org

Michigan PRIMA P4

MIPRIMA Spring Conference RecapOur Spring Conference was held March 19th. For those of you who were able to attend, it was great to network with you and share in the educational sessions. If you missed it we had a full agenda of great topical issues including: Medical Based Medicine, FOIA, Proposal 1 – The Fuel Tax, and Updates on Sewer Legislation and Case Law.

Our guest speaker on Medical Based Medicine was Kevin Elsenheimer, LARA Deputy Director of Workers’ Compensation. He provided some interesting statistics regarding employment in Michigan and cost of worker’s compensation. He also shared with us the trend toward Medical Based Medicine and the potential savings to employers while providing best care practices.

Next up was Chris Johnson, from Johnson, Rosatti, Schultz & Joppich, addressing the NEW legislation IMPACTING FOIA. There is too much information for me to share here, but know that you need a Published FOIA Policy and Pricing or face increased Penalties. The new legislation goes into effect July 1, 2015; thus, there is a lot for you to do to BE READY!

After lunch we heard from Gary Piotrowicz, Deputy Managing Director at Oakland County Road Commission. Gary faced a tough audience as he attempted to explain Prop 1 – Road Funding – to be voted on May 5th. Roads are a constant complaint and create safety concerns for both vehicles and bodily injury. Michigan roads are rated the poorest in the nation and Michigan has been in the bottom 5 of all states in road funding for 40 years. Our speaker explained that the Governor had to cut deals with representatives to address special interest concerns to get it on the ballot. We are told there is no Plan “B”, so what are the voters to do? AND now we know . . . the voters said NO!

We concluded our day with Tim Ferrand from Cummings, McClorey, Davis & Acho, helping us with Sewer Legislation and Case Law – Insight beyond Ed Norton. You’ll have to remember the Honeymooners to get the reference to Ed Norton, but with April showers upon us, and remembering the 8/11/14 rain event, there is much to know about municipal sewers and defenses provided in PA 222. Over-capacity is not a defect! But many municipalities anticipate class action lawsuits.

Special Note: All of our Spring Conference presentations can be found on the MIPRIMA website. To access click on “Documents And Files”.

Michigan PRIMA P5

Appellate Attorneys: A Valuable Part of the Litigation TeamKaren M. Daley, Attorney

Appellate advocacy is a distinct and specialized area of practice which draws upon talents and skills very different from trial skills. Appeals tend to be very research intensive and require different skills then a trial attorney. Trials typically take place before juries, who determine factual issues. In contrast, appeals require the appellate attorney to make intellectual legal arguments to a panel of judges solely on the basis of the record created in the trial court and according to established or developing law.

Most attorneys and clients do not think to involve an appellate attorney until after the case has been won or lost and an appeal is inevitable. In many cases, however, the case has already been damaged or it is too late to do anything about the error. Therefore, involving an appellate attorney in the early stages of a case is important and worthwhile for several reasons:

Fresh PerspectiveAfter living with a case for months or even years, a trial attorney is often entrenched in the facts, the arguments, and the theme of the case. An appellate attorney brings a fresh pair of eyes to the lawsuit and can provide a more detached evaluation of the case. They can assist with formulating additional legal theories or defenses, adapting or distinguishing the law, and identifying weaknesses in your case as well as your opponent’s case.

Knowledge of the Law and Trends in the LawTrial attorneys with active dockets usually do not have the time to closely follow case law or judicial trends. Appellate attorneys, however, spend a great deal of time reading the latest opinions from both state and federal courts of appeals, and they actually enjoy doing it! Therefore, appellate attorneys have a comprehensive understanding of established precedent, patterns of appellate decisions and developing issues in the appellate courts.

Preservation of the Record and Motion PracticeIn reviewing an appeal, the appellate court is generally limited to the contents of the record below. Even the most experienced and talented trial attorneys may not preserve error or establish the necessary record for appeal. This is not because of any lack of skill. Rather, it stems from the different expertise of trial attorneys and appellate attorneys: trial attorneys excel in convincing juries, while appellate attorneys excel in convincing courts.

As a result, it is good practice to get an appellate attorney involved in the drafting of dispositive motions (those that can end the case prior to trial), as well as pre-trial and post-trial motions. Good, clear, persuasive writing takes skill, and it takes a lot of time – time that busy trial lawyers do not always have. In addition, serious errors can occur at this stage, and if it is turned over to an appellate attorney after the motion has been ruled on, it may be too late to pursue an effective appeal. Theories not raised before the lower court cannot be asserted for the first time on appeal. Therefore, if you fail to raise a theory below, you will have disadvantaged the appellate attorney, thus preventing him or her from raising what might have been strong grounds for the appeal.

ResearchThe greatest advantages that an appellate attorney has are good research and writing skills, because they devote time to these skills on a daily basis. At the trial court and appellate levels, effective research skills are vitally important because finding the right precedent and using it effectively can mean the difference between winning and losing a case.

In addition, because of their extensive practice in researching legal issues, appellate attorneys are an invaluable resource to call upon for legal opinions on constitutional, statutory, and other issues to guide client conduct. Appellate attorneys can work with municipal, business and individual clients to develop strategies for dealing with potential legal issues or avoiding litigation all together.

Working together, trial and appellate attorneys can effectively represent their clients and significantly increase the odds of achieving favorable results for those clients. Adding an appellate attorney to a litigation team is a good and often more efficient way for the client and the trial attorneys to get, and stay, ahead. This team approach to litigation provides the client with the best possible representation.

Karen M. Daley is an attorney at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA), and is the head of the Firm’s appellate division. Founded by Owen J. Cummings in 1965, CMDA is a premier law firm offering high-quality, efficient and affordable legal services to a broad spectrum of clients.

Legislative Committee UpdateThe views set forth below are those of the Committee Chairman, Michael Ellis, and do not necessarily reflect the view

of his employer MMRMA, MiPRIMA, or other Legislative Committee members.

Michigan PRIMA P6

continued...

Magna Carta – 800th AnniversaryOn June 15, 1215, King John of England signed the Magna Carta.

The document provides the foundation of what is termed “English Common Law” and defines much of what we see as justice today. May 1st is Law Day in the U.S.A. and celebrations are taking place across our country commemorating this historic event.

Freedom of Information Act (FOIA)The FOIA act has been significantly amended and these changes take effect July 1, 2015. FOIA coordinators and other involved staff should be updated on these changes. The Act continues to control the same entities and documents, but there are changes to the time limits and processes. To charge any fee at all, entities must publish guidelines and make these available to the public. Many organizations are holding training on this issue.

No FaultA bill involving revisions to the Michigan Auto No Fault law is moving fast through the legislature. House Bill 4612, which is this year’s proposal, has many of the same key elements that were proposed in 2013, but this year, the changes seem to have more support.

The themes seem to involve:• a fee schedule limiting the cost of medical services;• attendant care from family members would have new limitations;• creation of a fraud authority to assist in enforcing rules; and• funding for monitoring the impact of this new legislation.

Risk Managers should watch the news on this issue, as the legislation appears to be moving with speed.

Michigan Catastrophic Claims Association (MCCA)With the discussion of No Fault outlined above, there is also discussion of changing the structure of the MCCA. This is still up for discussion and far from settled. Meanwhile, the MCCA recently announced the new rate of $150 per car for the next year.

Open Meetings Act (OMA)Once again, there is a proposal to require physical presence at Open Meetings. HB 4182 would mandate that “a meeting is not open to the public if a member of the public body casts his or her vote on a decision of the public body without being physically present at the meeting.” This requirement is seen by some as a major problem for those in less populated portions of the state.

PasswordsIn an odd attempt to shift his public image, John Snowden, during a recent televised interview, attempted to advise the American public on devising strong passwords. His advice was to think in terms of passphrases rather than passwords. This appears to mirror a trending story on the web about changing habits by choosing a phrase that reinforces a hoped-for habit, such as Lose@least20#s.

Michigan PRIMA P7

Old Judges Not AllowedThe Michigan Constitution bars individuals over 70 years of age from running for the position of judge. There is a movement afoot to change this prohibition. “Senate Joint Resolution J” would call for an amendment to our state’s constitution: “A joint resolution proposing an amendment to the state constitution of 1963, by amending section 19 of article VI, to remove the age limitation from eligibility criteria for judicial office.”

One DimensionNew outer limits have been set for those HR professionals who believe they have seen it all – news reports of hundreds seeking compassionate leave to deal with the trauma of the breakup of “boy band” One Direction. Zayn Malik has decided to leave One Direction, and many fans are so distraught that they are seeking leave to deal with their grief. HR professionals worldwide seem to be faced with this phenomenon. The common position appears to be that this should be taken as holiday leave.

LegislativeChair: Michael Ellis

Dawn DrobnichRick Hensley

Christopher JohnsonDenice LeVasseur

Paul PedersenWilliam Reising

T. Joseph Seward

Membership

Chair: Paul VanDamme Rick Hensley

ProgramChair: Bill Brown

Program Coordinator: Donna CiancioloJudy Thomson-Torosian

Charlie StevensShelly King

Ellen Ortopan

NewsletterChair: Cheri Gelnak

Tom Wolff

ScholarshipChair: Rick Hensley

Donna CiancioloMichael Ellis

Judy Thomson-Torosian

NominatingChair: Rick Hensley

Ellen OrtopanCharlie Stevens

Web Site CommitteeChair:Judy Thomson-Torosian

Rick Hensley

2015 MIPRIMA Committees2015 Corporate Sponsors

Insurance Companies or Agencies• Gallagher Benefit Services, provides benefit planning services.

Mary Beth Bullen (248) 430-2778.• IBEX Insurance Agency is an all lines independent insurance agency.

Keith Potter (248) 538-0470.• Marsh USA, is the world’s leading risk and insurance service firm.

Charles Briggs (313) 393-6800.• Midwest Employers Casualty Company. Excess Workers’ Compensation

Coverage. Contact: Phil Giljum 636-449-7000.

Law Firms• Cummings, McClorey, Davis & Acho, P.C. mission is simple - we must help

our clients be successful and improve their bottom line to assist our clients to achieve their business objectives with the least amount of legal risk. Joseph T. Seward, (734) 261-2400.

• Johnson, Rosati, Schultz & Joppich, P.C. is a full service law firm. Chris Johnson (248) 489-4100.

• Lacey & Jones, LLP. The firm’s practice is divided into three practice groups: 1) Workers’ Compensation Litigation, Appeals and Legal Research; 2) Civil Litigation;and 3)Employment Law, Commercial, Litigation and Labor Law. Dawn Drobnich (248) 283-0740.

• LeVasseur & Levasseur. Our mission is to lead our clients through the shark-infested waters of worker’s compensation litigation by defending their asset to the very letter of the law, Denice LeVasseur (248) 356-8600.

• Pedersen, Keenan, King, Washberg & Andrzejak, P.C. is a full service law firm. Diverse defense of personal injury, property, and contract cases. Paul Pedersen (248) 363-6400.

• Plunkett & Cooney, P.C. is Michigan’s leading litigation defense and trial practice law firm. William Reising (810) 342-7001.

Claims, Investigative and Financial Service Companies• Advantage Consulting, Inc. Michigan’s leading occupational therapy centers.

Contact: Kathleen Dunning (248) 689-0468 • ASU Group service line includes adjusting, case management, third party

administration and medical bill review. Chad Johnson (517) 381-7923• Citizen’s Management Inc., Third Party Administrator for Workers

Compensation claims. Contact Robert Dewey at 517-546-2160• CompOne Administrators Inc. an FDI Group Company, Third Party

Administrator for Workers Compensation, Long-Term Disability and Short-Term Disability claims adjudication and management. Bruce Stubbs (248)-344-2267

• CorVel, providing network solutions, case management and bill review. Lisa Deehan (517) 381-1531.

• Global Options International Claims Cost Containment Solutions, Joseph Bielecki, 313-304-4229, [email protected].

• Plante & Moran, PLLC, public accounting and business advisory firm. Terry Olejnik (248) 223-3388.

• ServPro professional emergency restoration, whether its water, fire or mold. Available 24 hours / 7 days a week. Contact: Mike Snyder (989) 239-9170, [email protected].

Michigan PRIMA P8