sovereign and official immunity...sovereign immunity of the state and its departments and agencies...

December 2012

5120 Sugarloaf Parkway

Lawrenceville, GA 30043

770.962.2985

www.gsba.com

By: Harben, Hartley and Hawkins Law Firm

Sovereign and Official ImmunityNEW! Phone App

for GSBA RMS Fund Members In order to serve our Members better, in

January we will launch a benefit for all Members of

the Funds.

The phone and tablet app will include:

CLAIM ASSISTANCE Approved Contractors

About GSBA-RMS GSBA-RMS News

Contact GSBA-RMS Emergency Tips

In an emergency, assistance

will be only a click away!

Given the extensive protection that the state Constitution provides for taxpayers and for public officials and employees, it is very important that boards of education, superintendents, administrators and all school employees understand the Sovereign and Official Immunity concepts and do not inadvertently lose the protection they provide. The Georgia Constitution provides in relevant part: [E]xcept as specifically provided in this paragraph, sovereign immunity extends to the state and all of its agencies. Sovereign immunity of the state and its departments and agencies can only be waived by an act of the General Assembly

which specifically provides that sovereign immunity is thereby waived and the extent of such waiver. Georgia Const. 1983 Art. 1, Sect. 2, Par. 9(e). Thus, the Constitution provides absolute sovereign immunity to the “state and all of its agencies” including school districts for all tort claims, including intentional tort claims committed by employees, and not merely those based on negligent conduct. The District cannot be liable even if the employee may be. This common law principle extends back to England years ago where the “king can do no wrong” because the public purse

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Georgia School Boards Association Risk Management Services December 2012

David Colvard, Risk Control Coordinator for GSBA RMS, shared information on emergency planning. He discussed coordination with other agencies and the critical need for a COOP (Continuity of Operations Plan) as evidenced by the tornado that struck his school district in March of 2012. Finally, Michael Collins, RMS Claims Manager, and Lee Shaw, Property Claims consultant from Wells Fargo, abbreviated their session so that we could remain on schedule. Their session, “Managing Maintenance Needs in Times of Tight Budgets”, addressed the increase of maintenance claims resulting from decreased budgets. This session will be repeated at future conferences.Attendees included Superintendents, CFOs, Transportation Directors, HR Directors, Operations Supervisors and many others. While it is difficult to meet the needs of such a mixed audience in terms of job responsibilities, survey results indicated that participants appreciated the variety of speakers and topics. Several respondents likeed the fast pace, organization, facilities, food and the game theme format. We look forward to planning our next meeting!

The GSBA Risk Management Services team hosted its Annual Meeting on Thursday, October 25th at Dolce in Peachtree City, GA. Fifty-nine of our member districts were represented among the 95 participants. Eleven speakers provided a varied program of topics related to risk management. As Funds, one of our largest areas of loss involves auto-related claims. For that reason, four speakers addressed transportation issues. Jeff Cassell, President of the School Bus Safety Company, previewed his new series of resources designed to educate students about safety in bus transportation. In a second session, he reviewed the three resources we provide to all members who have their auto coverage through the Fund. These include Bus Driver Safety Training, Transporting Students with Special Needs and Preventing Bullying on the Bus. Carlton Allen, Director of Transportation for the Georgia Department of Education, addressed field trips and the use of vans to transport students. He provided guidance and identified resources. This topic often generates questions among school district personnel. Finally, in another transportation-related presentation, David Jackson from American Traffic Solutions, shared information on a bus arm camera system designed to reduce the number of cars passing stopped buses. Several of our member districts have implemented this program and report a reduction in such incidents. A shout out to Carroll County for bringing this to

our attention! Angela Palm, Director of Policy and Advocacy, brought us an update on the Charter School Amendment that was brought before voters on November 6th. Members noted that this was the clearest presentation on this issue they had heard. Angela did an incredible job sharing the facts related to this amendment across the state and deserves our appreciation for her efforts. Two legal issues sessions were presented by Cory Kirby. Always a favorite with our members, Cory reminded us of the importance of documentation in working with our employees. He addressed the personnel file, retaliation claims and the changes we are seeing in the EEOC’s approach to claims of discrimination. In his second session, Cory reviewed the importance of developing an effective facility use policy and agreement if the Board chooses to offer use of school district facilities to outside groups. One other legal issue session was led by Jack Lance, in-house counsel for Risk Management Fund member, Rockdale County. Mr. Lance discussed the significance of sovereign immunity in responding to specific claims often brought against school districts. He also reminded us of the importance of communication when someone is injured or property is damaged. Tom Flynn, Managing Director at Marsh, presented a look at the insurance market and gave his prediction for the upcoming renewal season. His explanation of the factors impacting pricing is always informative.

Director’s MessageBy: Trudy Sowar, GSBA Director of Risk Management Services

WHO DO YOU CALL WHEN YOU HAVE A CLAIM? Property Loss or Auto Bodily Injury, Liability, Auto Physical Damage School Board Legal, Casualty or Workers’ Compensation Michael Collins at GSBA 770-682-1188 Scott O’Brien at US&C [email protected] 678-376-0003 [email protected]

www.gsba.com

Superstorm SandyFeeling the Impact in Georgia?by: Tom Flynn, Managing Director at MARSH

At the GSBA Annual Meeting this year, we worked our crystal ball to discuss the overall insurance marketplace; we looked at the headwinds in the marketplace and what impact those headwinds would have on RMF renewals in 2013. At present, RMF insures just

over $13B in property in the State of Georgia after a very successful year of growth in 2012. RMF has insured risk from the top of the state to the bottom and from the eastern borders to the west so its natural spread of risk is wonderful. Nonetheless, the Fund still spends over $0.25 cents out of every dollar in contributions to buy reinsurance to protect itself and its members from a catastrophic storm such as Superstorm Sandy which recently brought such devastation to parts of the Northeast. While it is certainly comforting

to know RMF practices the same good, sound, risk management principles it espouses to its members by purchasing reinsurance coverage to protect it from severe, potentially catastrophic events, we also must look at the impact a storm like Superstorm Sandy has on the cost and availability of reinsurance in general when looking for trends

that could impact member renewals. The devastation caused by

Superstorm Sandy continues to increase in scope, with the recent estimates projecting insured losses of around $20B. At this point there are still a lot of questions to be answered, and, with power still off in some areas, buildings in downtown New York City still closed due to flooding and its aftermath, and many insureds and insurers operating remotely in many cases, it will be a while yet before the specifics are clarified. However, based on what we know now, here are some things to point at in determining where the marketplace will move in 2013:LOSSES Insurers are receiving loss

notices in significant numbers, but many of these loss notices do not include any dollar estimates of the loss. In many cases, clients are submitting claims simply to put insurers on notice that they do or may have a claim under the policy. When the magnitude of the claim can be estimated, the insureds will do so. If the total insured losses are

actually around $20B, this event should have little effect on the financial standing of the reinsurers

that RMF currently uses for its protection. The event could be a financial statement issue, but is not likely to be a balance sheet issue. Having said such, a sizeable increase in the insured dollar loss may have a more measurable effect on the market in terms of pricing than in its impact on the financial stability of the reinsurers.MARKET REACTION We noted at the Annual

Meeting that prior to the impact of Superstorm Sandy, the tightening of pricing in the marketplace from earlier in 2012 had pretty much dissipated due to a lighter than forecast windstorm season. While those insureds, with catastrophic risk potentials, such as those coastal members in hurricane prone areas, will continue to see some small tightening in the marketplace, we envisioned the reinsurance costs for RMF to be relatively flat in 2013. For all others we thought that by the end of the fourth quarter and into 2013, rates would begin to decrease slightly. Because of Sandy, it is now doubtful that any

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was not available to pay any claim for damages.

Under our State Constitution, public tax funds levied by a local board of education may only be expended for educational purposes. Since the Constitution protects against claims for personal injury or property damages, to use tax funds to settle such claims amounts to a gratuity prohibited by the Constitution. Even under circumstances where the board or superintendent may feel some responsibility for the damages incurred and want to “do the right thing,” the law protects the rights of other tax payers not to have their funds used for anything other than educational purposes.

Although this constitutional provision authorizes the legislature to waive sovereign immunity by specific statutory enactment, the General Assembly has not enacted a waiver for claims brought against county school districts. The Court of Appeals has held specifically that O.C.G.A. § 20-2-991 which authorizes school districts to purchase general liability insurance, does not constitute a waiver of a school district’s sovereign immunity. The only statutory waiver of immunity that exists in Georgia law for traditional tort claims is O.C.G.A. § 20-2-1092 which applies to claims arising out of the operation of school buses or other vehicles owned by the district. The Georgia Court of Appeals has also held that the state Whistleblower Act includes a specific waiver of immunity.

The same section of the Georgia Constitution limits lawsuits against school employees to two circumstances: (1) actions undertaken with “actual malice or with actual intent to cause injury in the performance of their official functions,” or (2) for the “negligent performance of, or negligent failure to perform, their ministerial functions.” Georgia Const., Art. I, Sec. 2, Para. 9(d). The distinction between ministerial and discretionary duties is described in well-established case law in the following way:

A ministerial act is commonly one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty. A discretionary act, however, calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.

The rationale for this immunity is to preserve the public employee’s independence of action without fear of lawsuits and to prevent a review of his or her judgment in hindsight. The supervision of students (or for that matter the supervision of adults) always involves discretion and thus most acts by professional employees should involve discretionary duties.

One of the few cases to find a ministerial duty was decided recently by the Georgia Supreme Court. In McDowell v. Smith, 285

Ga. 592 (2009), the Court held that specific directives related to the procedures for releasing children to adults created a ministerial duty and were not discretionary. The directives from the principal to a school receptionist required her to execute specific tasks that were simple, absolute, and definite, establishing clear procedures for her to follow. Of significance to the Court, the secretary testified repeatedly that she did not have any discretion regarding compliance with these procedures. She was not permitted to exercise her own judgment as to how or whether to follow the directives.

The following practical suggestions are intended to insure the immunity protection is maintained:

#1 – Boards and superintendents must understand that even in situations where their sense of fairness would suggest a settlement, educational tax funds cannot be used to pay damages claims where immunity provides protection. Even if an employee has clearly been negligent and the injured party is clearly a victim of misconduct by someone connected with the district, payment of a settlement would not be allowed out of tax funds. Referring the claim to the Risk Management Fund and letting its claims adjustors respond often provides the political protection that the superintendent and board need to allow these claims to be addressed appropriately.

www.gsba.com

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Superstorm Sandycontinued from page 3

#2 – In creating policies, boards of education need to avoid mandates that remove all discretion from administrators and other employees. In general, boards are better served by hiring well-qualified people and trusting their employees’ training, discretion and judgment to deal with issues as they arise.

#3 – Similarly, principals need to be careful about directives that remove all discretion. A staff meeting where teachers are told that they are responsible for their class on the playground and the principal expects them to provide the supervision needed to avoid injuries, fights, and other disruptions is very different from a written directive that teachers are never to leave the playground under any circumstances when there are children from their class outside. Hopefully, they both accomplish the same thing, but the latter may create potential liability where the first would not.

decline in rates will be seen in the near future, and some push for rate increases is likely to occur, especially for clients with losses from Superstorm Sandy. In Georgia, we had no losses from Sandy obviously and have had a pretty good loss year overall. It is probable that there will be

increased scrutiny and review of the issues around coverage terms and deductibles. GSBA looks at the RMF coverage document annually to make sure it is providing broad coverage specifically developed for schools in Georgia. This year, the Coverage Document is being reviewed by outside counsel to make sure we are in compliance with any recent court rulings and are looking at some expansions of coverage in the Cyber-Risk area where schools may find themselves vulnerable.

RMF in 2013 One of the comforts members

should take in RMF is its ability to manage its costs so efficiently. Over 50% of its costs are driven by the losses of the members and that percentage of the overall costs does not change due to external events that affect the overall marketplace. This is why the RMF can remain budget friendly from year to year for the members. If the marketplace over-corrects, it will offer the RMF continued opportunity to grow with new members which helps the entire membership. With sound financial footing in the RMF, the Fund is in position to manage its reinsurance expense so we still believe members that have had good experience overall will be looking at flat renewals next spring which is good news in today’s economic conditions.

MONTHLY WEBINARSLooking for detailed information regarding:

• Workers compensation• Implementation of the new state guidelines for diabetic students• Implementation of the new Georgia High School Association’s heat guidelines• Preparing a safety plan for schools that are used as election sites

These are some of the most recent webinar topics that have been offered to our Funds members. Monthly webinars are made available on a wide variety of topics. Webinars are designed to be timely, based on current events and suggestions from our members. The webinars are usually offered during an 11:00 a.m. to 12 noon time-slot. Many members tune in while they are having lunch. Our office sends out notices to all of our members about upcoming webinars, topics, dates and times. There is no charge to our members. Suggestions for future webinar topics should be sent to David Colvard, [email protected].


Holiday Breaks - A Risk Management Viewpoint

Students and staff alike look forward to the holiday break in December. It gives a needed break around the mid-point of the school year and provides for family time. From a risk management standpoint, there are several key areas that school districts should be prepared for in terms of these holidays. Schools should consider how to acknowledge religious holidays in ways that do not offend a very diverse student population. A suggestion is to devise holiday programs and displays that serve an educational purpose for all students, being careful to make no student feel excluded or identified with a religion not their own. An example would be the sharing of information on Christmas, Kwanzaa and Hanukkah. Consideration should also be given to those of faiths who do not celebrate certain holidays. In many schools, especially elementary level, the last day before the holiday break brings many visitors to the campus. It is important for schools to have a plan in place to monitor and address the safety of the students. Due to the large number of visitors, some schools may choose to not require visitors to sign-in at the office. If that is the case, the school should have other plans in place. Administrators, teachers and all other staff should be very observant and immediately report any unusual behavior. Especially in

elementary schools, non-custodial parents have been known to take advantage of the large number of visitors on this day and attempt to visit and/or take a child not in their legal chain of custody. Most schools are out around two weeks during the holiday break. Many things can go wrong in the schools during this time such as frozen pipes, water leaks, break-ins, power outages, etc. Districts should have a plan in place that calls for periodic building checks. It could be one of the administrators or custodians assigned to check the building every few days. In the event of an emergency at one of the schools, include in your plan who will be the district and school-level contacts. As many employees will be going out of town, it is important to have assigned personnel who will be the primary contacts.

If there are predictions of natural events such as freezing temperatures, snow, heavy rains, electrical storms, etc., during the break, special attention should be addressed to make sure the schools are prepared beforehand and then checked afterward for any problems. Some schools schedule a teacher work day for the first day back after the holiday break. This provides the opportunity to repair any issue that may have occurred prior to the students return. If your district does not have a workday scheduled, each school should be checked the day prior to reopening to spot any issues that need to be addressed. The Risk Management Services webinar for November addressed the topics listed here in more detail. To access the webinar, please go to www.gsba.com.

www.gsba.com

Appraisal Process: A Benefit of Membership The GSBA Risk Management Fund (GSBA-RMF) considers it essential that the fund members have up to date replacement costs of all their buildings and assets. This is important to insure that members are held harmless should they experience a loss of property due to a storm, vandalism or other peril. Each year the Fund initiates an appraisal of all new fund members’ properties. The Fund also updates all member appraisals on a three year rotation. This year fund members in North Georgia are due for appraisal updates. The financial services firm of CBIZ has been contracted to do the appraisals and updates. If you are a new member or have not been updated since 2009, then this is your rotation year. CBIZ either has contacted you for a visit date or will be contacting you in the near future. Please provide them with the information and assistance that they require to accomplish their field work. In addition to the benefits mentioned above, the appraisal document provides the fund member with a detailed fixed asset file that can be used by School System finance and facilities personnel, to track fixed assets and any deletions and additions that may occur during the year. The files are available in hard copy as well as electronically. Reports are very detailed and provide not only pictures and foot-prints of the buildings but also construction detail, fire protection, square footage, floodplain delineation, address location and considerably

more data. They also detail assets such as stadiums, dugouts, batting cages, storage buildings and refuse handling equipment owned by the district. This is a risk management tool that is provided to members at no additional cost and is something that is not normally provided by the traditional insurance market. The fund’s excess insurance carriers take comfort in knowing that the property fund is appraising all members assets. It assures them that the property values are up to date and are consistent with replacement costs. When re-insurers are comfortable with the fund and its members’ asset values they tend to price their product more reasonably and consistent which helps prevent spikes in premium costs to the fund which in turn, keeps your premium contributions lower. As you can see, the CBIZ appraisal process is beneficial not only to the GSBA-RMF, but also benefits you as a member and complements your overall financial management and risk management programs.

MONTHLY RESOURCES FOR OUR

MEMBERS

The Risk Management Services of The Georgia School Boards Association provides several monthly resources to our members. On or near the first of every month, an email called GSBA Risk E-lert goes to all members. The Risk E-lert addresses a specific safety or risk control topic. Advice and other suggestions are shared. On or near the fifteenth of every month, an email called Safety Scenarios goes out to all members. These scenarios address a wide variety of safety-related situations that schools could face on any given day. An example is shared each month of a specific incident. The scenario is followed by questions for the school and/or district to answer based on their individual emergency operations plan. The safety scenarios are designed to create discussion among the school personnel on how they would handle such a situation. Your GSBA RMS works hard to provide support and assistance in the area of risk control. Districts that have suggestions for topics that can be included in the Risk E-lerts and/or the Safety Scenarios are encouraged to submit them to our Risk Control Coordinator, David Colvard, [email protected]


Tenant User Liability Policy (TULIP) and Facility Use in your District

Does your Board of Education allow community organizations and other groups to use school facilities to hold meetings, social events, political rallies and other non-school related activities? If so, you probably have a board policy on facility use. In addition, the Board may want to consider a facility use agreement to be signed for each event. A facility use agreement will help protect the Board and its property. Here are four questions to ask when drafting or reviewing your facility use agreement:

1. Does your agreement clearly spell out the costs to the user? The user group should reimburse the District for any cost incurred, including utilities, cleaning services, food services, and staff to open and close the building.

2. Does your agreement have a provision making clear who is responsible at the District level and for the user organization and what building

or portion of a building will be used? Specifying these items will help to insure a clear line of communication and accountability.

3. Does your agreement contain a provision obligating the organization to indemnify and hold harmless the District from any legal claims associated from its use of the facilities? In addition, the District could include a provision in which the user organization waives and releases the District from any claims associated with its use of the facilities.

4. Does your agreement require each group to show proof of insurance? If the group has a liability policy already, you can require a certificate confirming proof of coverage with respect to the event. If the group does not have a policy, you can require them to purchase event liability insurance. This insurance would provide coverage to the District if someone from the

user group was injured on the premises or caused damage to a District facility or property. For Districts that are members of the Risk Management Fund, this event liability coverage can be purchased by user organizations at www.marshcampus.com/gsba. The District can send this link to a user organization where they can complete a quick application online, pay with a credit or debit card and print a certificate of insurance (for immediate proof of coverage). The information for you to provide to all outside organizations to obtain TULIP coverage is below.

Boards may find that allowing its facilities to be used by other organizations in the community is a prudent use of public assets, but they must be careful to insure that this well-meaning exercise does not result in unexpected cost or legal exposure to the District or the Board.

Insurance Requirement for Use of School FacilitiesGet the required coverage by following these EASY steps!

1. Visit www.marshcampus.com/gsba2. Select “Facility Renters” then “Tenant User Liability Policy” and complete the quick online

application process. 3. Bind your coverage by providing payment via credit or debit card.4. Print your Certificate of Insurance (for immediate proof of coverage).

That’s all there is to it! If you have questions about coverage or the application process call 1-800-349-3145 CST

www.gsba.com

Managing your Workers’ Compensation Claims

As a Member of the GSBA Workers’ Compensation Fund (WCF), you can make a difference in the cost of your program. First, facility inspections and safety training, such as Target Solutions, result in safe environments and behaviors that will reduce the frequency of claims. Second, reporting accidents immediately reduces the cost of claims. A study of GSBA WCF claims revealed claims reported more than 7 days after an injury cost on average 95% more than those reported within 3 days. Third, sending employees to doctors on the Panel of Physicians helps manage the entire cost of the claim. Panel physicians have been vetted to assure quality care,

a willingness to accept Workers’ Compensation and not bill the patient. The doctor’s attitude is focused on recovery and return to work instead of documenting disability. Managed care saved GSBA WCF Members almost $4 million in medical costs in the past year. Finally, returning employees to work results in substantial savings for the District, the WCF and the injured employee. A claim involving an employee with the same injury who does not return to work can cost ten times as much or more than a claim where the employee does return to work. Furthermore, an employee who does not return to work may lose their job and benefits. Many of our Districts are

thinking outside the box when it comes to return to work. Bus drivers are assigned temporarily as bus monitors or performing clerical tasks in the office. Custodians often move into unfilled clerical positions or food service positions temporarily. In addition, accommodations are made such as alternating sitting, standing or equipping buses with automatic door openers. A District that reduces accident frequency through inspections and training , reduces severity, In addition, reporting claims promptly, sending injured employees to Panel doctors, and returning them to work, the District is more likely to have lower than expected Work Comp costs.

A Few of the Courses Available from

TargetSolutions:

• Avoiding Slips, Trips and Falls • Bloodborne Pathogens Safety• Defensive Driving Strategies• Distracted Driving • Driver Safety Orientation• Electrical Safety• Fire Prevention Safety• Extinguisher Safety• School Bus Behavior and Discipline• Food Safety, Foodborne Illness & Kitchen Sanitation• Food Service General Safety• Food Services Proper Lifting• General First Aid• Recognition of Hazards for Principals• Playground Safety


Risk Management Fund Welcomes New Member: McIntosh County

The Risk Management Fund is excited to welcome another new South Georgia member. McIntosh County becomes the 92nd member of GSBA’s Funds. And like the other school districts in Georgia, McIntosh will be taking advantage of GSBA’s unique coverage and service. McIntosh County is located in Southeast Georgia along the state’s beautiful coast line. The City of Darien is its county seat and is rich in both natural beauty and Georgia history. Many events are held annually in Darien to celebrate the community’s contribution to the development of Georgia’s coast line, its beaches, and its attachment to the Atlantic seashore. McIntosh shares county boundary lines with fund members Glynn, Wayne, Long, and Liberty. Dr. Tina Kirby is the Superintendent of Schools in McIntosh and works with the following School Board Members: Chair Harold Webster, Vice-Chair

Joseph Maulden, Members Holly Boone, Dwight Jordan, and Ronald Young. McIntosh County students attend classes in one of four school locations: Todd Grant Elementary, Oak Grove Intermediate, McIntosh County Middle School, and McIntosh County Academy. “We are delighted to add this outstanding school district to our Risk Management Fund,” commented the Member Advocate for South Georgia Dr. Ricky Brantley. Ricky speaks so complimentary of the work Superintendent Dr. Tina Kirby, the McIntosh School Board, and staff is doing to provide quality educational programs for their students. During membership enrollment he especially noted the hard work of CFO Debra Vickers. “Ms. Vickers played a major role in communicating to the Board the unique service the GSBA Risk Management Fund offers,” remarked Dr. Brantley.

GSBA RMS Continues Big

Presence at GASBO

GSBA Risk Management Services participated in the recent Georgia Association of School Business Officials (GASBO) Annual Conference in Augusta, GA. GSBA RMS has been a long-time supporter of GASBO. According to Cookie Rowland, Executive Director of the Association, attendance this year was the largest in conference history. This was encouraging news considering the budget constraints schools continue to face. GSBA RMS once again sponsored a reception for all conference attendees. This event always serves as an excellent opportunity for RMS to show its appreciation not just for members of the Workers’ Compensation and Risk Management Funds but also for all districts who oversee the finances for schools across the state of Georgia. Over 300 people were in attendance at the reception. Joining the GSBA RMS staff were GSBA RMS partners: Marsh, Wells Fargo and US&C. Those representatives not only give RMS members the opportunity to meet them personally, but also a chance to better understand the impact and effect claims management and underwriting issues have on their individual school budgets. The GSBA RMS team values its relationship with GASBO and looks forward to providing continued support for this valuable organization.

Mildred Biggs, Business Manager for Talbot County Schools wins one of the floral arrangements used to decorate the tables during the GASBO reception.

www.gsba.com

TargetSolutions: Providing On-Line Safety Training

Conflict resolutionCommunicate clearly to overcome conflict. One common cause of workplace conflicts is poor

communication, so overcome conflict by learning to communicate clearly. To speak effectively:

• Think before you speak.• Make “I” statements and avoid “you” statements.• Practice delivering difficult messages.• Provide complete information.• Be honest and positive.• Avoid negative patterns such as criticizing and name-calling.

To listen effectively:• Don’t interrupt when someone is speaking.• Pay attention.• Be open and receptive. Don’t jump to conclusions.• Look for clues in tone of voice, body language, and facial expressions.• Show you are listening with eye contact, body posture, and gestures.• Use your imagination to put yourself in the other person’s shoes.• Ask questions to clarify.• Restate what the other person has said in your own words.

The Georgia School Boards Association Risk Management Services has contracted with TARGET SOLUTIONS to provide an on-line safety training program to our members. Target Solutions provides:• Engaging web-based courses in

various areas of safety and risk control. Courses can be set up for individual viewing as well as for group trainings.

• Streamline communication across your district and ensure accountability with e-signatures

• Simplify recordkeeping and ensure compliance

Some of our districts have elected to utilize Target Solutions by having a few select administrators and/or department leaders deliver group trainings. Others have chosen to have all

employees registered and be assigned specific courses to take. The choice is up to each district and what works best for them. Some districts have also chosen to use Target Solutions as a delivery means to their employees for required courses such as mandated reporting, code of ethics, universal precautions, etc.There are almost 50 school-safety specific courses currently available. Topics include courses such as: blood borne pathogens safety, avoiding slips, trips and falls, electrical safety, code of ethics, fire safety, food services proper lifting, first-aid, playground safety, and many more.If your district is interested in getting started with Target Solutions, please follow these steps• Submit the name(s), job titles

and emails of those who would serve as administrators for the service from your district to the GSBA Risk Control Coordinator, David Colvard, [email protected]

• Once the information is received, it generally takes a few days to get the district set-up in the system. The administrators will then have access to explore the program. Basic information and assistance will be provided by the GSBA Risk Control Coordinator. Technical questions and support will be provided directly by Target Solutions.

If you have any questions, please contact David Colvard. Office: 770-995-4367; Cell: 678-477-8713; [email protected].

Educate - Unite - Protect

5120 Sugarloaf ParkwayLawrenceville, GA 30043www.gsba.com770-962-2985

sovereign and official immunity...sovereign immunity of the state and its departments and agencies...

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