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Is your Municipality contemplating a reduction in force due to a budget shortfall? Does your Municipality have more than 20 employees? Is your Municipality offering a severance or early retirement agreement to employees over the age of 40 in exchange for a release of legal claims? If so, the Older Workers Benefit Protection Act ("OWBPA") applies.
The following article is taken from the Occupational Safety and Health Administration’s Fatal Facts newsletter. It proves that unauthorized entry into sewer manholes is always extremely dangerous and sometimes fatal.
We’ve all heard the fact that employee theft is one of the leading causes of rising prices of merchandise in the private sector. This fact also crosses the board into the public sector as well. Private sector companies simply have to raise the prices of merchandise to offset the costs of their losses. Municipalities do not have the option to raise prices or taxes to offset their losses. Employee theft is an uncomfortable subject. But it is a widespread, growing and under reported crime.
Adoption of an ethics statement by your council or board lets your employees, vendors and customers know that your municipality has a zero tolerance policy for employee theft.
One of the most important management functions is the hiring process. Incur the cost of performing background checks. Before checking references, make a list of the questions you want to ask. Review this list with your municipal attorney to make sure the information you want does not conflict with any employment or privacy laws. When concluding conversations with references, ask each reference for two or three other people who know the applicant. Contact these ‘sub-references’ and ask them the same questions asked of the original references.
This is a critical step particularly for those who will be responsible for accounting, bookkeeping or other financial activities. When advertising for a new position, let those who inquire know that the hiring process will include background checks and credit reports. A person with something they would prefer to keep private will be less likely to submit a resume.
Personal financial situations change over the years. Consider ordering credit reports or perform background checks on current employees. It is not necessary for this to be an annual or biannual event. It will not hurt internal controls for employees to know that you are aware of how changes in their personal financial situations can affect their performance in the workplace. Employees responsible for accounting, bookkeeping and other financial functions should expect to be subject to a different, sometimes higher level of oversight than their colleagues in other departments. They should welcome the additional scrutiny of your internal financial controls. The opportunity to pass inspection can be personally satisfying for these employees.
Procedures should be in place that will document the flow of bills, cash and payments. Procedures should be adequate for the vast majority of your transactions. The need to override a procedure should be infrequent. Don’t allow your staff to set unauthorized precedents that become normal operating procedures.
All employees should be required to take an annual vacation. Most frauds require daily attention to avoid detection. Another employee must be assigned the responsibilities of the vacationing employee, especially for financial transactions.
There should be an internal procedure for employees to anonymously report behavior they believe is suspicious. Of course, no action should be taken against any employee unless proof of wrongdoing is found. Again, consult with your municipal attorney in matters of this nature.
The same employee should not be responsible for authorizing transactions, collecting or paying bills and maintaining accounting records.
Managers and supervisors in all departments can lead by example. If you have an expense account, treat it like it’s your own money. Padding expenses or using your authority for personal gain sends a powerful message that stealing is acceptable.
When you review a list of all the vendors or service providers your municipality does business with, can you identify them? A common area of fraud is to create fictitious vendors or to receive kickbacks or favors from a vendor.
Having a system of internal controls is useless if it doesn’t work as intended. Hire an independent, objective individual or firm to review your internal control procedures from a risk management perspective. Weaknesses in your hiring practices and internal controls can be detected and corrected before they become costly mistakes.
Employee theft is generally excluded in General Liability insurance policies because it is an intentional and criminal act. However, OMAG offers protection to municipalities through Public Officials and Employee Dishonesty Bonds. For more information on bonds contact OMAG Plan Services at 1-800 234-9461.
Employee Theft Requires Attention was written by Gary Cauthen, Loss Control Specialist. You may contact the author at: gcauthen@omag.org. The information in this bulletin is intended solely for general informational purposes and should not be construed as or used as a substitute for legal advice or legal opinion with respect to specific situations, since such advice requires an evaluation of precise factual circumstances by an attorney. The Oklahoma Municipal Assurance Group does not represent or endorse any group, site or product mentioned in the article.
Oklahoma law authorizes municipalities to either contract out ambulance services or to regulate and control ambulance services pursuant to a duly enacted ordinance or regulation.[i] There are risks associated with operating an ambulance service. Because of those risks, liability and workers compensation insurance is required by law. The Oklahoma Governmental Tort Claims Act[ii] and the Oklahoma Administrative Workers Compensation Act provides certain levels of coverage. If the municipality chooses to contract out the services, then the contractor is required to provide the liability coverage in a sum of not less than the Oklahoma Governmental Tort Claims limits and workers compensation insurance.
There are many liability issues when assessing the risks associated with a municipality operating an ambulance service. Municipalities running an Emergency Management Service (EMS), such as an ambulance service, have a responsibility, or duty, to serve their communities in a timely and competent manner. This responsibility begins when a call for assistance comes into the dispatch center and generally ends with transfer of care to the receiving facility. The citizens who call EMS for assistance expect that each step in the process will be handled quickly, safely and appropriately. When calls for assistance are not handled properly, it can lead to liability. The areas of liability fall into three general categories: general liability stemming from injuries that occur as a result of the negligence by an EMS employee, automobile accidents, including property damage and bodily injury, and workers compensation for the employees.
As workplaces continue to become more diverse, religion in the workplace is becoming a significant issue. Employees of diverse backgrounds may request accommodations to practice daily religious activities. Employers may not discriminate based on religion, must reasonably accommodate religious beliefs and practices, and must protect other employees against the unwelcome religious behaviors of their co-workers or managers.
Welding hazards pose an unusual combination of safety and health risks. By its nature, welding produces fumes, and noise, gives off radiation, involves electricity or gases, and has the potential for burns, shock, fire, and explosions.
Some hazards are common to both electric arc and oxygen-fuel gas welding. If you work with or near a welding operation, the following general precautions should help you to work more safely.
Failing to properly use and maintain electric-powered tools causes thousands of cuts, punctures, pinches, amputations, and electrocutions each year. Tools can seriously injure or kill the user if not properly maintained and used. Everyone who uses tools must learn to recognize the hazards associated with the different types of tools and the safety precautions necessary to prevent accidents while using them. OSHA has specific rules for using electric-powered tools. Following the guidelines, along with using your own good judgement will help keep you safe.
The Supreme Court has long held that police officers may search a jointly occupied residence if one of the occupants consents. United States v. Matlock, 415 U.S. 164 (1974). In 2006 the Court recognized a narrow exception to this rule, holding that consent of one occupant is insufficient when another occupant is present and objects to the search. Georgia v. Randolph, 547 U.S. 103 (2006). On February 25, 2014 the Court clarified Randolph by ruling that the police can search a home without a warrant, even if one co-tenant objects, as long as, the objecting co-tenant is no longer on the scene and another co-tenant gives consent. Fernandez v. California, --- S.Ct. ---.
On February 25, 2014, the Oklahoma Supreme Court settled the issue of whether a probationary police trainee who is a member of the Oklahoma Police Pension and Retirement System (OPPRS) is (1) an at-will employee, and (2) entitled to a post-termination hearing. City of Jenks v. Timothy Stone, 2014 OK 11.
The case involved the termination of a probationary police trainee employed by the City of Jenks. The City of Jenks and the Fraternal Order of Police, Lodge 146 had an agreement outlining the grievance and arbitration rights of full-time, permanent police officers. Stone requested a review board hearing under 11 O.S. § 50-123 of the OPPRS and the City denied that request claiming Stone was an at-will employee and not entitled to a review board hearing. Title 11 O.S. § 50-123 provides, in part:
This bulletin is intended to make police officers and municipalities aware of the potential civil liability associated with arresting individuals for obstruction of a public official when performing their police duties.
Introduction
Officers routinely encounter individuals who are disrespectful, challenge their authority and criticize their actions. General criticism of the police, even if expressed in abusive or disrespectful terms, is not obstruction and is generally protected free speech. The Supreme Court requires substantial justification before police can interfere with the right to free speech or make an unlawful arrest. Making inappropriate arrests of individuals for obstructing a police officer in circumstances where courts will find their actions to be merely an exercise of their First Amendment right to free speech can be counter-productive, both in terms of community relations and potential civil liability.
