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HomeMy WebLinkAboutWS 2024-02-05 Item 2 - Council Do's and Don'ts[WA cities Insurance Authority City Council Do's and Don'ts Presented by Ann Bennett Executive Director Washington Cities Insurance Authority Washington Cities Insurance Authority • A municipal non- profit organization of Washington public entities joined to share risk — Over 165 members and over $193 million in assets • Advantages of WCIA Membership — Run by a board of directors composed entirely of members — Assist members in avoiding and reducing losses through risk management, training, and claim handling — Stability and transparency in rates — Coverage decisions made by the Executive Director with appealable rights to the Executive Committee WA Insurance Authority Washington Cities Insurance Authority • Provides Self -Insurance Liability Coverage — Auto Liability, General Liability, Employment Practices, Errors & Omission — $20,000,000 per Occurrence — Look for coverage not exclusions • Additional Insurance — Member Property, Auto & Boiler Machinery — Crime Fidelity purchased by members — Cyber and Pollution Premises Liability purchased for all members WA Insurance Authority Avoiding Liability Individuals can receive absolute immunity for legislative activities — Adoption of budgets, ordinances, and resolutions Only within context of council meeting as a whole and not acting as an individual WA Insurance Authority Avoiding Liability Land Use — Use of Hearing Examiners • Less issues with appearance of fairness • Eliminates many arbitrary and capricious decision allegations — Do not insert yourself in the process • Westmark v. Burien, Mission Springs v. Spokane — Development Agreements • Held to contractual law and remedies which may not be covered by WCIA WA Insurance Authority Avoiding Liability Personnel — Stay in legislative role • Set policies, budgets, municipal codes Do not to stray into Executive role — Management of employees, hiring/firing, discipline — Harassment and Discrimination • Held to same standard as City employees — Can be sued individually — Know the law and your policies • Report to Executive — If you witness behavior or are made aware of problem by employee [WA Insurance Authority Avoiding Liability Negligent Misrepresentation — Do not make specific promises or assurances — Refer specific questions to staff — Do not take matters into your own hands WA Insurance Authority II Avoiding Liability Defamation — If the statement/opinion is regarding a legislative concern you have immunity — Careful discussing or naming individuals • Are they a public official, staff or private individual? • Any untruth gives rise to liability WA Insurance Authority low „-------- MEM CO Avoiding Liability Public Works — Do not "politically engineer" • Crosswalks, Signs, Speed Limits — Ask for staff input off the record — Have staff respond to public requests • Joint and Several Liability — Avoid promises, assurances and inflammatory statements WA Insurance Authority Avoiding Liability Do not leak Executive Session information — Resist the temptation to share — Disclose conflicts prior to session and recuse yourself — Claims and Litigation • Can jeopardize defense • Possible sanctions imposed WA Insurance Authority 111MIT Avoiding Liability Be mindful of written communications — Email/Social Media • Always use City email address, not personal — Public record and discoverable in litigation • Is your social media account personal? For election activity? To discuss City business? — Do you allow comments and discussions? Possible Public Forum creation with First Amendment Protections WA Insurance Authority IV WA Insurance Authority www.wciapool.org Washington Cities Insurance Authority P.O. Box 88030 Tukwila, WA 98138 Phone: 206.575.6046 Fax: 206.575.7426