The Risk Pool’s Board of Trustees recently created a new Cyber Fund and approved changes to the Pool’s Coverage structure, effective on October 1, 2024. Members should have received a packet via regular mail and email with further instructions, including the requirement “opt-in” by completing and returning a Cyber Interlocal Agreement to participate in the newly created Cyber Fund. (Each Member must follow their own statutory and local policies related to contract approval prior to signing.) Members who don’t follow the opt-in procedures will lose their existing Cyber Coverage effective at midnight on September 30, 2024. (Click here for more information.)
Cyber Corner: State-Mandated Cyber Security Training Due August 31, 2024
State law mandates cybersecurity training for local government employees, elected officials, and appointed officials who have access to a local government computer system or database and use a computer to perform at least 25 percent of their duties. The Department of Information Resources (DIR) has certified that city and other local officials and employees can satisfy the requirement by EITHER:
Cities and other local governments must certify that the appropriate officials and employees have completed the training. Check out the description next to the video or podcast — or in the Online Learning Center — for instructions on how to do so. Contact Ryan Burns — the Pool’s Cyber Risk Services Manager — at rburns@tmlirp.org or 512-491-3427 with any cyber-related questions.
TML Risk Pool Board of Trustees Election
The TML Risk Pool is conducting elections for Places 11–14 on its Board of Trustees. Each Pool Member is entitled to vote for Board of Trustee members. The official ballot, which is on blue paper and contains additional information about the election, is being mailed to your entity. Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2024. Ballots received after that date cannot be counted. The ballot must be properly signed, evidencing that the Member’s governing body approved the votes therein, and all pages of the ballot must be mailed to:
Trustee Election David Reagan, Secretary of the Board P.O. Box 149194 Austin, Texas 78714-9194
PLEASE NOTE TWO CORRECTIONS:
PLACE 12: The mailed ballot incorrectly states that Cedric Davis, Sr. served four years as the city manager of Mathis. Mr. Davis is currently the city manager of Mathis, but he served four prior years as the city manager of Marlin. He was also a 2018 candidate for Texas Governor.
PLACE 13: The mailed ballot incorrectly states that Harlan Jefferson’s city — Burleson — is in Region 13. Burleson is actually in Region 8.
Please contact David at dreagan@tmlirp.org or 512-491-2300 with questions.
Updates and More
TDI’s Division of Workers’ Comp Once Again Names Pool a High Performer
The Texas Department of Insurance Division of Workers’ Compensation (DWC) has, once again, named the Pool a “high performer.” The Pool has achieved high performer status every year since 2010 by achieving a score of 95 percent or more, and this year earned a 98 percent rating.
DWC is required to monitor compliance with Texas Workers’ Compensation Act and DWC rules and to take appropriate action to ensure compliance. Compliance objectives are achieved through Performance Based Oversight (PBO), data monitoring, complaint handling, audits, and — when appropriate — enforcement actions. As part of the overall compliance plan, Texas Labor Code §402.075 mandates DWC to, at least biennially, assess the performance of insurance carriers, including pools.
The 2024 assessment is based on a carrier’s performance in these five measures:
1. Timely payment of initial temporary income benefits. 2. Timely reporting of initial payment data to DWC. 3. Timely processing of initial medical bills. 4. Timely processing of requests for reconsideration of medical bills. 5. Timely reporting of medical data to DWC.
Congrats to the Pool’s Workers’ Compensation Team!
Member Spotlight: City of McAllen Risk and Safety Expo
The City of McAllen Risk and Safety Expo celebrated its 10th anniversary last June. Established in 2014 to address the need for quality risk and safety education and training in the Rio Grande Valley, the Expo has become a successful event in the region. Public safety officers from Valley cities, counties, and school districts are often unable to attend distant and costly continuing education conferences, and the Expo brings industry experts with critical knowledge on emerging risks and trends to them.
Over the past decade, the Expo has seen substantial growth. The event now attracts over 250 attendees and offers exceptional networking opportunities throughout South Texas. Increasing corporate sponsorships highlight the commitment to empowering risk and safety professionals with high-quality education. This year, the TML Risk Pool’s Public Works Outreach Consultant — James Bailey — delivered a session on loading and transporting equipment, which demonstrates the Pool’s commitment to partner with Members.
Risk Management Minute: Texas Police Chiefs Association’s VINCIBLE Program 400th Training
The Vincible roll call training program is a partnership between the Risk Pool and the Texas Police Chief’s Association. Vincible began delivering free and effective training content to law enforcement agencies and individual officers across the state — including the Pool’s law enforcement members — in 2015. The program was created by San Marcos Chief of Police Stan Standridge with help from members of the TPCA Officer Safety and Wellness Committee.
The goals of the program are to encourage positive change in police departments by invading police culture with training content that is relevant, recurring, and readily available. The program meets those goals through brief ten-to-fifteen-minute weekly roll call trainings.
The content aims to generate conversations among officers and supervisors relevant to one or more of the five cornerstones of the Vincible program: Slow down, buckle up, stay fit, 540 degrees of awareness, and wear your armor.
On Friday, June 21, 2024, the Vincible team created and shared the 400th such roll call training slide deck to its 1,471 subscribers. This is a significant milestone in Texas law enforcement, and the Risk Pool congratulates the team on this outstanding achievement! Listen to Episode 5 of the Pool’s “Local Officials: Stronger, Together” Podcast to learn more about Vincible.
Service in Focus: New Coverage Offering — Reimbursement of First Responder Injury/Illness Leave Supplemental Income Gap Expenses
New legislation — H.B. 471 (2023) — enacted a state law that requires a city (and any other political subdivision — the term “city” here includes those) to provide a firefighter, police officer, or emergency medical services employee a leave of absence for an illness or injury related to their line of duty. The leave is with “full pay” for a period “commensurate with the nature of the line of duty illness or injury,” up to at least one year.
The benefits afforded by H.B. 471 are offset by workers’ compensation benefits. Beginning October 1, 2024, the Risk Pool will provide a line of coverage that can assist Members with some of the cost of an H.B. 471 offset. More specifically, a Pool Member with Workers’ Compensation and General Liability Coverage can elect to purchase the “Reimbursement of First Responder Injury/Illness Leave Supplemental Income Gap Expenses” Endorsement.
The Endorsement is designed to help a Member offset some of the “gap” using a pre-set formula based on workers’ compensation benefit calculations. To emphasize, the payment is to the Member entity, not the individual first responder. Depending on a first responder’s pay, how a city implements H.B. 471, and other factors, the endorsement may not fully cover the “gap” between a first responder’s workers’ compensation benefit and their “full pay.”
Please reach out to your Risk Management Advisor for more information.
New Episodes of the “Local Officials: Stronger, Together Podcast!”
The STP continues to provide topical information important to the Pool’s Membership, including elected officials, managers, and city attorneys. As of August 2024, listeners have downloaded over 4,500 episodes. The most popular episode thus far has been Episode 31 — Servant Leadership: Leading with Trust, Respect, and Honesty, which has 296 downloads. Newer episodes include: (1) 33 — The Pool’s Role in Supporting Excellence in Law Enforcement; (2) 34 — Communicating During a Crisis: A Local Official’s Primer; and (3) 35 — The Opioids Crisis: A Tragedy Close to Home and One City’s Prevention Efforts.” Check out one of these or a previous episode today!
TCOLE Model Policy Requirement: Medical and Psychological Exam of Licensees
Additionally, effective September 1, 2024, all L-2 and L-3 failures must be reported to TCOLE by the practitioner AND the enrolling or appointing entity. The licensee’s refusal to submit to a Fitness for Duty Examination, absent reasonable treatment after failing an exam, or failure to successfully complete the required treatment program after failing an exam, must also be reported to TCOLE on the prescribed form.
