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TRANSCRIPT
MichiganPRIMA
February 2014
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 ResourcesAmerican Institute for CPCU andInsurance Institute of America
www.aicpcu.org
Lawrence Technological UniversityProfessional Development Center
Insurance Studieshttp://ltu.edu/pdc/insurance_studies.asp
Davenport Universitywww.cpcusociety.org
www.davenport.edu/ipex
PRIMA Institutewww.primacentral.org
Public Entity Risk Institute (PERI) E-Training Center
www.riskinstitute.org
Risk and Insurance Management Society (RIMS) – Education
www.rims.org
OTHER USEFUL RESOURCESAM Best Rating Centerwww.ambest.com/ratings
Dept. of Treasury’s Listing ofApproved Sureties
www.fms.treas.gov/c570/c570.html
Michigan Office of Finance and Insurance Services Search Criteria for
Insurance Entitieswww.cis.state.mi.us/fis/ind_srch/ins_comp/insurance_company/criteria.asp
Michigan BWDC Employer Insurance Coverage Inquiry
Current Workers Comp Insurance Coverage Lookup
www.cis.state.mi.us/bwuc/wkrcomp/asp/sr_bwdc.asp
Risk Management Librarywww.BetterManagement.com
Library and Resource Directorywww.IRMI.com
It has been the second coldest winter on record and no sign of spring. The one thing we have to look forward to is the MIPRIMA Spring Educational Conference in East Lansing on Thursday, March 27th. The Program Committee has put together another great meeting for you with a lot of good topics.
I would like to welcome our two new Trustees. Ellen Ortopan from the City of Southfield and Drew Dunsky from the Road Commission of Oakland County. Both make a great addition to our board’s team. If you are interested in being a part of the team there is still an open position on the MIPRIMA board for Public Entity Members . Volunteer and become involved. If you are interested p l e a s e contact me.
Make plans to attend our events this year as our planning committee has picked some fun and different destinations. You may want to plan your summer vacation around our summer conference on Mackinac Island at Mission Point Resort, July 16-18. Please see our website for details.
We look forward to warmer temperatures and seeing you this year!
Paul VanDammeMIPRIMA PresidentCity of Roseville Risk Manager
See Page 3 for Spring Conference
Information!Register Today!
SAVE THE DATE
MIPRIMA 2014
Summer ConferenceJuly 16-18, 2014
Mackinaw IslandClick HERE for
more details!
2014 MIPRIMA Board of Directors
Michigan PRIMA P2
MIPRIMA Spring Educational Conference March 27, 2014
Thursday, March 27, 20148:00 AM - 4:00 PM
East Lansing Marriott 300 M.A.C. Avenue East Lansing, Michigan 48823
8:00-9:00am Registration and Continental Breakfast
9:00-9:15am President’s Remarks Paul Van Damme, MIPRIMA President
9:15-10:15am Making Michigan a Top 10 State Doug Rothwell, President and CEO, Business Leaders for Michigan
10:15-10:30am BREAK
10:30-11:30am Workplace Bullying Audrey Forbush, Plunkett Cooney Gene King, Meadowbrook Insurance Group
11:30-12:30pm LUNCH Lunch Speaker – Roy Rose, Regional Transit Authority (RTA) Board of Directors for Southeast Michigan
12:30-1:20pm Dealing with the Impact of Claims that Cross Into Multiple Lines of Coverage Denise LeVasseur, LeVasseur & LeVasseur
1:20-1:30pm BREAK 1:30-2:00pm Understanding the Need for Bonds Paul Maxwell, AON
2:00-3:00pm Risk Management: Preparing for Your Summer Events Terry VanDoren, Loss Control Consultant, MMRMA
Timothy McClorey, Ibex Insurance Agency
3:00-4:00pm Networking Reception
Go to the MIPRIMA Website and register today!
Welcome Your 2014 MIPRIMA Board
Paul Van Damme PresidentCharlie Stevens Vice President/SecretaryMichelle King TreasurerRick Hensley Past PresidentDrew Dunsky TrusteeEllen Ortopan TrusteeOpen position Trustee
PRESIDENTPaul Van DammeCity of Roseville
586-447-4622 (W)[email protected]
VICE-PRESIDENT/SECRETARY
Charlie StevensMMRMA
TREASURER Michelle King
City of Flushing MiCity of Flushing
725 E. Main StreetFlushing, Michigan 48433
Phone: 810-659-5665Fax: 810-659-0569
PAST PRESIDENT Rick Hensley
City of Battle Creek269-966-3407 (W)
BOARD OF TRUSTEESDrew Dunsky
Road Commission of Oakland County
31001 Lahser RoadBeverly Hills, Michigan 48025
Phone: 248-645-2000Fax: [email protected]
Ellen Ortopan
City of Southfield, MiCity of Southfield
26000 Evergreen RoadSouthfield, Michigan 48037
Phone: 248-796-5262Fax: 248-796-5255
Open Position
Michigan PRIMA P3
Safety & Loss News
The views set forth below are those of the author, and do not necessarily reflect the view of the MIPRIMA Organization
Know the Signs of Cold Weather Health Conditions
As the weather gets colder, we face new hazards. When temperatures drop significantly below normal and as wind speeds increase, your body rapidly loses heat. The loss of body heat can cause severe health conditions. Knowing the signs and symptoms of these conditions is key in preventing serious injuries, or even death.
Frostbite is one of the most common cold weather related illness. It’s caused by freezing, and creates a loss of feeling and color in the affected areas. The nose, ears, cheeks, chin, fingers, or toes are most commonly affected by frostbite. The risk of frostbite increases in people with reduced blood circulation and those who are not dressed properly for the extremely cold temperatures.The early stages of frostbite could include redness or pain in any area of the skin. As it progresses, signs of frostbite may include:
• A white or grayish-yellow skin area • Skin that feels unusually firm or waxy • Numbness
If you suspect frostbite, seek medical attention. If immediate medical care is unavailable, take the following steps:
• Get into a warm room or shelter as soon as possible • Do not walk on frostbitten feet or toes, unless absolutely necessary • Immerse the affected area in warm – not hot – water. The temperature should be comfortable to the
touch for the unaffected parts of the body • Warm the affected area by using body heat. For instance, the warmth of an armpit can be used to
warm fingers • Do not rub the frostbitten area with snow, or massage it at all. It causes more damage • Do not use a heating pad, heat lamp, or the heat of a stove, fireplace, or radiator for warming. Affected
areas are numb and can be easily burned.
Hypothermia, or abnormally low body temperature, is caused by prolonged exposure to cold temperatures. Body temperature that is too low affects the brain, making the victim unable to think clearly or move well. Warning signs of hypothermia include:
• Shivering • Confusion, fumbling hands • Memory loss, slurred speech • Drowsiness
If you notice someone showing any of these symptoms, take the person’s temperature. If it’s below 95ºF, immediately seek medial attention. If medical care is not available, begin warming the person doing the following:
• Get the victim into a warm room or shelter • If the victim has wet clothing on, remove it • Warm the center of the body first – chest, neck, head, and groin – using an electric blanket, if available.
If not, use skin-to-skin contact under loose, dry layers of blankets, clothing, towels, or sheets • Warm beverages can help increase the body temperature. Do not use alcoholic beverages. Do not try
to give beverages to an unconscious person • After the body temperature has increased, keep the person dry and wrapped in a warm blanket,
including the head and neck
Get medical attention as soon as possible.
AJ Hale, Safety & Loss Prevention Manager, CompOne Administrators Inc., [email protected]
Michigan PRIMA P4
2013 MIPRIMA Fall Conference
Please see the MIPRIMA website for a complete presentation package for each speaker.
Don't Let the Tail Wag the Dog! Presented by Keith A. Friede VP
Successful Use of Collective Resources, Outsourcing, Succession Planning & Interns - presented by Joyce A. Parker (left), Emergency Manager, City of Allen Park and Judith Thomson-Torosian
Avoiding Potential Pitfalls when Setting Up Successful Outsourcing Contracts and Shared Services Contracts - Presented by Eileen Husband, Attorney - Partner Cummings McClorey, Davis & Acho, and Judy Thomson-Torosian
Internships: How Can They Work For You? Presented by Richard Lehman, Risk Management and Insurance Recruiting Specialist Olivet College, along with Korey Mervenne, Student and Chris Watkins, Student
Rick Hensley presents on behalf of MIPRIMA - Appreciation to Phil VanDyke for his outstanding service as a Board Officer
5Michigan PRIMA P5
Right: Tom Wolff, MML and Judy Thomson-Torosian, Meadowbrook Insurance
Group
2013 MIPRIMA Fall Conference
Left: Leigh Stepaniak, Wayne County Airport Authority and
Peggy McDaid, Oakpointe Group
Right: Eileen Husband, Attorney, Michael Ellis, Director MMRMA & Ellen Ortopan, Risk Manager
City of Southfield
Left: L-R Marie Tartaglia, Leigh Stepaniak
& Donna Cianciolo
Above: Drew Dunsky - Oakland County Road
Commission
Right: L-R Rick Hensley, Bill Reising, Bill Brown, Paul VanDamme, Donna Cianciolo, Doug Gniewek
The Ter Beek Decision: An Ordinance Banning Medical Marihuana Goes Up in Smoke
Rhonda Stowers
The views set forth below are those of the author, and do not necessarily reflect the view of the MIPRIMA Organization Since the enactment of the Michigan Medical Marihuana Act (MMMA) in 2008, municipalities have struggled to determine the scope of its impact on local ordinances regulating the controlled substance. Earlier this month, the Michigan Supreme Court provided some additional guidance as to the validity of those ordinances in a unanimous opinion in the case of Ter Beek v. City of Wyoming. The answer is likely not what municipalities wanted to hear.
John Ter Beek was a resident of the City of Wyoming and a registered medical marihuana user. He wanted to grow medical marihuana on his property, but City zoning ordinances prohibited property uses “contrary to federal law,” which were punishable as civil infractions. Although he was never charged with an ordinance violation, Ter Beek filed a lawsuit seeking to prevent its enforcement, arguing that the MMMA preempted the local ordinance. The City argued that the ordinance followed federal law, which preempted the MMMA. The trial court sided with the City, but the Michigan Court of Appeals reversed that decision.
In affirming the appellate decision, the Supreme Court found that the MMMA did not require violations of federal law or interfere with its purposes and thus was not preempted. The City’s ordinance, on the other hand, provided for penalties that were precluded by the MMMA, resulting in a direct conflict. Therefore, despite the “broad grant of authority” under the Michigan Zoning Enabling Act, the ordinance was preempted by the MMMA and unenforceable.
Although municipalities are now clearly precluded from penalizing individuals for engaging in MMMA compliant uses, the Court stopped short of barring all local regulation of the cultivation and distribution of marihuana. In a footnote, the Court indicated that it did not reach the question “whether and to what extent the MMMA might occupy the field of medical marijuana regulation.” And so, six years after its enactment, municipalities continue to grapple with the question of just how far their ordinances can go under the MMMA.
5Michigan PRIMA P6
Visit MIPRIMA online...scan the QR code!
Michigan PRIMA P7
What is Sleep Deprivation and Deficiency?
The views set forth below are of the author, and do not necessarily reflect the view of the MIPRIMA Organization.
Sleep deprivation (DEP-rih-VA-shun) is a condition that occurs if you do not get enough sleep. Sleep deficiency is a broader concept. It occurs if you have one or more of the following:
• You don't get enough sleep (sleep deprivation) • You sleep at the wrong time of day (that is, you're out of sync with your body's natural clock) • You don't sleep well or get all of the different types of sleep that your body needs • You have a sleep disorder that prevents you from getting enough sleep or causes poor quality sleepSleep deficiency is a common public health problem in the United States. People in all age groups report not getting enough sleep.
As part of a health survey for the Centers for Disease Control and Prevention, about 7–19 percent of adults in the United States reported not getting enough rest or sleep every day.
Nearly 40 percent of adults report falling asleep during the day without meaning to at least once a month. In addition, an estimated 50 to 70 million Americans have chronic (ongoing) sleep disorders.
• Have you ever felt tired or sleepy on the job? Most people answer yes to that question. • The average person in the United States sleeps 7 hours on weeknights, which is about 1 ½ hours less
than 100 years ago. • In addition, 1/3 of the U.S. population or approximately 80 million Americans sleep 6.5 hours or fewer
each night. • Numerous research studies have cited links between sleep deprivation and negative health consequences.• There are many benefits of a good night’s sleep. The key to breaking the sleep deprivation cycle begins
with your personal attitude. • The misguided notion that “a person who sleeps more than another is not as productive or is somehow
lacking” is truly a myth! • Getting the correct amount of sleep begins with knowing your own personal body needs.
Listed below are some tips to help with getting the right amount of sleep.
• Consider a warm shower, meditation, relaxation, prayer, soothing music or even light stretching.• Relaxation of the body and mind are the key ingredients to sleep. After a good sleep, you will think and
resolve your concerns better.• Avoid alcohol or wine, which can create irregular sleep patterns.• Try to cease meaningful activity (exercising, watching television) 30 minutes before sleeping. • Good nutrition (fruits and vegetables) and avoidance of caffeine (coffee or soft drinks) can assist your
body in falling asleep faster.• Remember, most individuals when tired can fall asleep within 5 minutes—falling asleep is something that
you ALLOW yourself to do, not MAKE yourself do. Let it happen, do not make it happen.
Generally, most people need about 1 hour of sleep for every 2 hours of wakefulness or approximately 8 hours of sleep a day to perform at their peak.
Accumulated sleep deprivation contributes to a dramatic decrease in performance, mood, motivation, energy and sense of well being.
A positive attitude combined with good nutrition and regular exercise can allow you to gain a sense of zest and well-being!
Continued...
Michigan PRIMA P8
The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.
Sleep deficiency is linked to many chronic health problems, including heart disease, kidney disease, high blood pressure, diabetes, stroke, obesity, and depression.
Sleep deficiency also is associated with an increased risk of injury in adults, teens, and children. For example, driver sleepiness (not related to alcohol) is responsible for serious car crash injuries and death. In the elderly, sleep deficiency might be linked to an increased risk of falls and broken bones.
In addition, sleep deficiency has played a role in human errors linked to tragic accidents, such as nuclear reactor meltdowns, grounding of large ships, and aviation accidents.
Sleep deprivation is a commonplace occurrence in modern culture. Every day there seems to be twice as much work and half as much time to complete it in.
This results in either extended periods of wakefulness or a decrease in sleep over an extended period of time.
While some people may like to believe that they can train their bodies to not require as much sleep as they once did this belief is false.
MYTH • A common myth is that people
can learn to get by on little sleep with no negative effects.
• However, research shows that getting enough quality sleep at the right times is vital for mental health, physical health, quality of life, and safety.
While some people may like to believe that they can train their bodies to not require as much sleep as they once did this belief is false
Be Alert and Stay Awake
References: CDC Department of Transportation MIOSHA OSHA
AJ Hale, Safety & Loss Prevention Manager, CompOne Administrators Inc., [email protected]
Michigan PRIMA P9
Continued...
The 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.
Right to Work
Michigan State Senator Arlan Meekhof has introduced Senate Bill 743 that would make an attorneys membership in the State Bar of Michigan voluntary rather than mandatory. Eighteen other states have voluntary state bar associations. In 1935, Michigan was the 16th state to approve a mandatory bar association. While this is proposed as part of the right to work movement, the State Bar representatives seem to argue it is a response to advocacy by the State Bar. The State Bar has been outspoken about its concern over the changes to the Court of Claims and the impact of dark money on the election of judges in Michigan.
This bill would move control of licensing and regulation of lawyers from the State Bar to the Michigan Supreme Court. The bill contains no outline or format for this regulation and when asked, supporters of the bill simply say that the Court can work it out. Michigan Supreme Court Chief Justice Robert Young says that “it is probably time again to examine how the Bar’s ideological activities impinge upon its members’ First Amendment rights.”
Court of Claims
In a move of lightning legislation, the legislature moved the Court of Claims from the control of Ingham Circuit Court to the control of a subgroup of judges on the Michigan Court of Appeals. PA 164 of 2013 was introduced and signed into law in just three weeks. Many critics, including the State Bar of Michigan, say that this was too quick and did not afford the interested parties an opportunity to comment.
Supporters of the move argue that it solves a concern over letting Ingham County Circuit Court judges, elected by a small percentage of the states’ population, decide issues of state wide importance. The judges on the Court of Appeals represent a broader electorate throughout the state. The special panel of judges who will hear the Court of Claims cases are: Judge Michael J. Talbot, Judge Pat M. Donofrio, Judge Deborah A. Servitto and Judge Amy Ronayne Krause.
Dark Money
Dark money is the term being used to describe dollars used to finance so called issue ads. Unlike most campaign spending, dollars spent on issue ads do not need to be disclosed. Issue ads cannot advocate voting for a specific candidate, but are allowed to point out issues and then recommend if you agree with our position, call your Representative who doesn’t. The technical distinction between a “call them” issue ad and a ‘vote for” political ad, is lost on many.
According to the State Bar of Michigan, of the estimated $18 million dollars spent on the last Michigan Supreme Court election, $14 million was Dark Money.
Michigan Supreme Court
The current 5/2 republican control of the court could shift this fall and the election cycle has started already. Kent Co. Circuit Judge James Redford, a republican, has announced that he is interested in running for the Michigan Supreme Court next fall.
Three of the seven seats on the court are open in the fall. Already republican incumbents Justices Viviano and Zahra have announced their intention to run again. Democratic incumbent Cavanagh cannot run again because of age. So Judge Redford is planning on trying to fill Cavanagh’s shoes.
The democrats do not appear to have started the process of publically naming candidates.
Legislative Committee Update
Michigan PRIMA P10
Ambulance Chasers Beware
Two new laws were signed by the Governor on December 21, 2013, setting up stiff criminal penalties for any parties who solicit motor vehicle accident victims or provide third parties with personal information from the accident participants within 30 days of the event. The two laws started as HB 4770 and HB 4771 and were introduced by Rep. Ellen Cogen Lipton, D-Huntington Woods, and Rep. Joseph Graves, R-Argentine Township, respectively.
Both new laws provide that violations are misdemeanors with fines for first offenses of up to $30,000 and for second offenses, imprisonment of not more than one year and fines of up to $60,000.
FOIA
House Bill 4001 increases the penalties for FOIA violations and limits the permissible copying charges for cost. It was introduced on Jan 9, 2013 and got its second reading by the House on Nov 13, 2013. Public risk managers should follow this legislation as it could have significant impact on how FOIA cases are litigated in the future.
LegislativeChair: Michael Ellis
Christopher JohnsonT. Joseph Seward
Rick HensleyWilliam Reising
MembershipChair: Paul VanDamme
Rick Hensley Thomas SemaanChris Hathaway
ProgramChair: Judy Thomson-Torosian
Program Coordinator: Donna CiancioloLeigh Stepaniak
Rick HensleyCharlie Stevens
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
2014MIPRIMA Committees
2014 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.
Cheryl Smith (517) 393-6513.• Midwest Employers Casualty Company. Excess Workers’
Compensation Coverage. Contact: Phil Giljum 636-449-7000.
Attorney 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• CorVel, providing network solutions, case management and bill review.
Lisa Deehan (517) 381-1531.• 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
• Milliman, offers a wide range of insurance and financial consulting services. Their contact is Gary Josephson at 262-796-3305.
• Plante & Moran, PLLC, public accounting and business advisory firm. Terry Olejnik (248) 223-3388.
• The ASU Group service line includes adjusting, case management, third party administration and medical bill review. Chad Johnson (517) 381-7923.
• Global Options, International Claims Cost Containment Solutions
Michigan PRIMA P11