Updates and More
The TML Risk Pool’s 50th Anniversary: Here’s What You Need to Know
Welcome back from the TML Annual Conference and Exhibition in Dallas! You can learn more about the Risk Pool in several ways. Through an abbreviated podcast (Episode 28), a special edition pamphlet, and our brief 50thAnniversary Video, we explain the origins of the TML Risk Pool and what we now offer our Members. Check out those resources to learn about why the Texas Municipal League created the Pool, why we’re the best value proposition for cities, and our coverages and loss prevention services. Reach out to Scott at scott.houston@tmlirp.org with questions or comments!
Meet a Trustee: Lancaster City Manager Opal Mauldin-Jones
Quiet confidence, a steadfast resolve to excel, and recognition of her mentors and family. That’s Opal Mauldin-Jones. Her rise to city manager and Texas City Management Association President is borne from those things and more.
Opal grew up just outside of Tyler in Overton, Texas, on a 500-acre farm where her family still resides. She originally planned to be an accountant, but then she received an assignment in her first-semester political science class at the University of Texas at Arlington – write a paper about a politician.
Opal chose then newly-elected Congresswoman Eddie Bernice Johnson because she “wanted to interview and write about someone who looked like me.” (Read more.)
Risk Management Minute: Cities and Employee Drug Testing
Cities are limited in how and when they can drug test by the search and seizure limitations in the United States Constitution Bill of Rights, Amendment 4, and the Texas Constitution. Cities are government actors under the United States and Texas Constitutions, even when they are solely acting as employers. That means a city can’t impose suspicionless (i.e., random) drug testing on most employees.
A city can drug test an employee without individualized suspicion only if a “special need” outweighs the individual’s privacy interest. That standard – taken from a U.S. Supreme Court opinion – means that most city employees and applicants cannot be tested for drugs (without individualized suspicion).
A city may “randomly” drug test an employee only if the employee performs safety-sensitive or security-sensitive duties as part of their position. Not all law enforcement fits into this category, but backhoe drivers might. Examples of job duties that courts have found to be safety or security sensitive include: (1) driving passengers as United States Department of Transportation licensed drivers; (2) operation of trucks that weigh more than 26,000 pounds; (3) tending to or driving school children as school bus attendants and drivers; (4) teaching children; (5) armed law enforcement officials whose duties include investigation of drugs; (6) nuclear power plant duties; and (7) working on gas pipelines.
Examples of employees whose job duties have not been sufficient to warrant suspicionless drug testing include federal prosecutors who prosecute drug cases and library workers. When an employee or applicant does not perform safety or security sensitive duties, the only constitutional drug testing is if the city has reasonable suspicion to believe an employee may be intoxicated or impaired. (The information in this article is taken from “Weeding Out Bad Employees: Random Drugs Testing and Cities 2023 Update” by Dripping Springs City Attorney Laura Mueller and recently presented to the Texas City Attorneys Association. Look for a “Local Officials: Stronger, Together Podcast” episode on the subject soon.)
“60 Seconds of Risk” features Mesquite Risk Manager
“60 Seconds of Risk” is a short video blog hosted by Brian Hunt, who typically works with risk in the private market. A recent episode features Charles Gillenwater, City of Mesquite Risk Manager.
In it, Brian and Charles discuss exposures that are unique to cities.
Service in Focus: January is R.O.A.D. Ready Month - Let’s Roll!
R.O.A.D. Ready (Recognize the Hazards; Observe People, Processes, and Equipment; Assess the Risk Level; Determine the Safest Course of Action) is a Risk Pool program designed to save lives, prevent injuries, and protect property by raising Member awareness of dangers on and near roadways. The Pool provides participating Members with: (1) specifically designed resources and training to mitigate roadway risks; and (2) promotional materials to show they are R.O.A.D. Ready.
To participate, your organization should: (1) make a commitment to becoming R.O.A.D. Ready by providing internal roadway safety training or using the Pool’s resources to do so; and (2) participate in national roadway, vehicle, or work zone programs.
Go to the R.O.A.D. Ready webpage to download posters and learn more about the program, and/or contact your Safety and Loss Control Consultant or Risk Management Advisor for more information.
Watch the Mail for Your 2024 50th Anniversary Calendars
Every Risk Pool fund contact should be receiving their annual wall and book calendars soon!
Member Spotlight: City of Brownsville Simulator Training
On September 6, 2023, the City of Brownsville Engineering and Public Works Dept conducted an Equipment Safety Driving Simulation Training in conjunction with Texas Environmental Training Compliance (TETC). The simulator training prepares the city’s employees to handle real-life hazards in a safe and controlled environment to enhance their operating and driving skills. The simulator provides various equipment training, such as dump trucks, excavators, semi-trailer trucks, and other equipment. It provides various scenarios, including congested traffic, blown tires, limited vision, and other hazards and distractions found in and around roadways. The City is committed to empowering employees to gain confidence in their day-to-day operations.
