Updates and More
TCMA Approves Pool Trustee Rickey Childers’ Distinguished Membership
On April 19, the Texas City Management Association (TCMA) Board unanimously approved distinguished membership for Rickey Childers for his contribution to the city management profession and his continued mentorship and advocacy for those in the profession and TCMA.
In TCMA’s nearly 100 years, only eight people, including Rickey, have been selected for this honor. Rickey joins the following members who have been recognized for their distinguished contributions: Terrell Blodgett, Tom Muehlenbeck, George Schrader, Marvin Townsend, Gary Watkins, Dan Johnson, and Ron Cox. Congrats Rickey and thank you for your contributions to the city management profession.
University of Houston Names Pool Trustee Austin Bleess a Public Official of the Year
The Hobby School of Public Affairs at the University of Houston named Risk Pool Board Trustee Austin Bleess a 2024 Public Official of the Year. According to the Hobby School, “his proactive approach to grant acquisition has increased the city’s financial well-being and contributed to projects benefiting Jersey Village residents, including federal flood mitigation funds. By spearheading the integration of AI technology, Bleess's efforts have enhanced efficiency, streamlined city processes and improved governance through solutions-oriented decision-making. He has also been vital in promoting employee wellness policies and improved healthcare benefits.” Congratulations Austin on this special honor!
Barrett and Greene Recognizes Pool Trustee Opal Mauldin-Jones for Paying it Forward
Barrett and Green, a local government research organization, has recognized Opal Mauldin-Jones for “Paying it Forward” in an engaging interview. For example, Opal explains that she’s paying it forward because four of her top employees became city managers in other cities! Thanks for your commitment to service, Opal!
Member Spotlight: City of Edinburg Cyber Awareness Program
The City of Edinburg’s Cybersecurity Awareness Program (CAP) is dedicated to educating end users and safeguarding critical infrastructure against cyber threats. Through effective risk management, containment, and breach eradication, the city aims to foster a culture of cybersecurity readiness. By establishing a shared governance model and providing essential tools, it fortifies the city's defenses against evolving cyber risks. CAP educates city employees on cybersecurity fundamentals, common threats, vulnerabilities, and best practices to safeguard sensitive information. Targeting all city personnel utilizing internet-connected devices, local networks, servers, emails, databases, and other city technology, the program equips employees with practical strategies to mitigate risks both at work and at home. (Click here to see the city’s CAP info sheet.)
Risk Management Minute: TDEM Executive Guide
The Texas Division of Emergency Management has released the 2024 Executive Guide, which contains all kinds of useful disaster management and response information for local officials.
Service in Focus: Safety @ Your Finger T.I.P.S. Text Messaging – Sign Up Now!
The TML Risk Pool wants every employee to go home safe, every time. We are proud to introduce Safety @ Your Finger T.I.P.S. to support that mission. Safety @ Your Finger T.I.P.S. (“Together Improving Processes and Safety”) is a new text-message initiative designed to increase your awareness of safety-related hazards and exposures in the workplace and apply that knowledge in your day-to-day work or as a discussion topic in your safety/tailgate meetings.
In addition to safety information, you can sign up to receive notifications about weather and emergency management updates, training programs, and the R.O.A.D. Ready initiative that’s designed to save lives, prevent injuries, and protect property by raising awareness of dangers on and near roadways. Go to https://info.tmlirp.org/textsignup now to sign up today!
Claims-Made versus Occurrence-Based Coverage – A FREE Benefit of TML Risk Pool Coverage
A local official who’s comparing Pool coverage with that of other providers, like an insurance company, should be aware that “what the big print giveth, the little print sometimes taketh away.” That means comparing policies – even those that have the same title – is often like comparing apples and oranges. Comparing “claims-made” to “occurrence-based” policies is a perfect example. The fine print may mean the Pool’s is a better value, even though the other provider’s premium is lower. (Read more.)
OSHA Seeks Local Official Input on Proposed Firefighter/EMS Rule
The Occupational Safety and Health Administration (OSHA) is proposing to expand its antiquated Fire Brigade Standard, which contains requirements for the organization, training, and personal protective equipment of fire departments.
The proposal would extend current rules to a broader group of emergency service workers, including those in emergency medical services and technical search and rescue. According to the National League of Cities, the proposed rules may impose significant financial burdens on fire departments, including increased training requirements, equipment upgrades, and complex administrative requirements. OSHA has extended the public comment deadline to June 21, 2024. Interested local officials can submit comments via the Federal eRulemaking Portal (reference Docket No. OSHA-2007-0073).
Texas Department of Insurance Reviewing Workers’ Compensation Rules
The Texas Department of Insurance (TDI) is set to start review of the following workers’ compensation rules:
Compensation Procedure – Employers
Compensation Procedure – Claimants
Insurance Carriers: Notices, Payments, and Reporting
Local officials can find more information about the rules here and submit comments to RuleComments@tdi.texas.gov by 5:00 p.m. on May 13, 2024.
EPA Announces PFAS Final Rule for Public Drinking Water Systems
On April 10, the EPA announced final rules for maximum PFAS chemical levels in public drinking water systems. Public water systems will have three years to test for PFAS levels and five years to take action to reduce PFAS levels above the new maximum levels.
The EPA will work with state regulators and provide grant funding and technical assistance to help public water systems implement and comply with new rules. Public water systems that did not opt out of the PFAS litigation settlements will also likely begin receiving settlement funds in mid-to-late 2024.
TCOLE Law Enforcement Agency Standards Proposed Rule
In 2022, the Sunset Advisory Commission considered whether to continue the functions of the Texas Commission on Law Enforcement (TCOLE). That review led to an informal discussion of departmental accreditation at a December 2022 hearing, but the TCOLE sunset bill did not include anything related to accreditation. Instead, the sunset bill (S.B. 1445) enacted several provisions related to departmental and officer accountability. For example, the bill requires TCOLE to – with input from an advisory committee – establish minimum standards with respect to the creation or continued operation of a law enforcement agency based on the function, size, and jurisdiction of the agency. (The TML Risk Pool had a representative on that advisory committee.) TCOLE has drafted the proposed rules and is seeking public input on them.
U.S. Supreme Court Issues Social Media Opinion
In Lindke v. Freed, the U.S. Supreme Court explained when, if ever, a politician can block someone from engaging with their social media posts.
City manager James Freed had a Facebook account he used for both personal and public purposes. In other words, he often posted about his family life, but he also made job-related posts. Mr. Lindke, a citizen, became upset at the city’s response to the COVID-19 pandemic and made several posts critical of Freed and the city. In response, Freed deleted Lindke’s posts and blocked him. Lindke then sued Freed, alleging that Freed had violated his right to freedom of speech under the First Amendment.
The lower courts held that Freed was free to delete the posts. The U.S. Supreme Court adopted a new test and sent the case back to the court below to apply it. The test asks whether a government official engages in “state action” on social media by asking whether the official: (1) has “actual authority” to speak on behalf of the state on a particular matter,” and (2) “purported to exercise that authority in the relevant posts.”
In other words, the test is meant to help lower courts decide whether: (1) Freed acted on behalf of his city, which would mean he violated Lindkes’ right to freedom of speech by deleting the posts; or (2) was posting as a private citizen and thus can block whomever or delete whatever he chooses from his page.
One justice said that “the line between private conduct and state action is difficult to draw,” and that it’s possible that some posts constitute state action while others don’t. The distinction is important because a government official’s “state action” could lead to a federal lawsuit against them and/or the city.
Texas House Speaker Creates Wildfire Committee
Texas Speaker of the House Dade Phelan created the Investigative Committee on the Panhandle Wildfires. The committee will investigate:
- Factors contributing to the wildfires;
- Allocation of resources to and effectives of wildfire disaster preparedness and response; and
- Coordination between local, state, and federal governmental entities with regard to wildfire prevention, disaster preparedness, and response.
The committee will study the above and presumably issue findings prior to the 2025 legislative session.
