Preliminary Agenda South Lake Tahoe • SEPTEMBER 21-24, 2021
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C A J P A
C O N F E R E N C E
the cajpa story South Lake Tahoe • SEPTEMBER 21-24, 2021
Taking Pooling to New Heights www.conference.cajpa.org
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CAJPA 2021 FALL CONFERENCE
PRELIMINARY SCHEDULE *subject to change
In order to provide the best experience for attendees at the 2021 CAJPA Fall Conference there have been a few changes to the schedule to better accommodate social distancing guidelines. Please see the planned schedule below. If you have any questions, please contact CAJPA staff at events@cajpa.org.
SCHEDULE AT A GLANCE! Tuesday, September 21 34th Annual Frank James Golf Tournament: 8:30 am – 2:00 pm Registration Open: 3:00 pm – 6:30 pm Welcome Reception/Golf Awards - Exhibit Hall: 5:00 pm – 6:30 pm
Wednesday, September 22 Registration Open: 7:30 am – 5:00 pm Continental Breakfast in Exhibit Hall: 7:30 am – 9:00 am Opening Session with Keynote Matthew Luhn: 9:00 am – 10:15 am Break in Exhibit Hall: 10:15 am – 11:00 am Breakout Sessions: 11:15 am – 12:00 pm • Sponsor Networking Lounge • Wildfire Risks: Where Defense is the Best Offense • Impacts of AB218: Lessons Learned & Best Practices for Meeting the Challenges Posed by the CA Child Victims Act • Board Governance Session I • WOW Sessions Lunch on Own: 12:00 pm – 1:30 pm Dessert and Prizes in the Exhibit Hall: 1:15 pm – 2:15 pm Breakout Sessions: 2:30 pm – 3:15 pm • Sponsor Networking Lounge • Cyber Risk: A Devious Data Dilemma • Board Governance Session II • WOW Sessions Snack Break in Exhibit Hall: 3:15 pm – 4:00 pm Breakout Sessions: 4:15 pm – 5:00 pm • Sponsored Networking Lounge • Obtaining Warrants to take Minors into Protective Custody • 7 Ways to Plug into the Power of the Microsoft Platform • WOW Sessions Networking Reception: 5:00 pm – 6:30 pm
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Thursday, September 23 Continental Breakfast in Exhibit Hall: 7:30 am – 9:00 am Breakout Sessions: 8:30 am – 9:15 am • Sponsored Networking Lounge • CAJPA Accreditation v.2021 • Defending Against the PTSD Presumption Amid Building Momentum within the Legislature to Expand it • Why Diversity, Equity, and Inclusion Matters for Organizations • Trends in the Pooling Industry - How to Boost Your Pool’s Financial Health • Board Governance Session III • WOW Sessions Annual Membership Meeting and Coffee Break: 9:30 am – 10:00 am Breakout Sessions: 10:15 am – 11:00 am • Sponsored Networking Lounge • “There’s an App for That” - Innovation in Health Plan Design, Administration, and Healthcare Delivery • Deductible Strategies for Dummies • This Bud May Not Be for You: Litigation Exposure for Cities and Counties Arising Out of Cannabis Cultivation • WOW Sessions General Session: 11:15 am -12:15 pm Lunch on Own 12:15 pm – 2:00 pm Break and Grand Prize Drawing in Exhibit Hall: 2:00 pm – 2:45 pm Breakout Sessions: 3:00 pm – 3:45 pm • Sponsored Networking Lounge • Qualified Immunity: Where it is; Where It’s Going • Paying your Fair Share: Proposition 51 After B.B. v. County of Lose Angeles • Embracing our New Virtual Reality and Taking Pooling to New Heights through Technology • Board Governance Session IV • WOW Sessions Interact & Engage Networking Event 4:00 pm – 5:30
Friday, September 24 Full American Breakfast: 8:00 am – 9:00 am Legislative Update & Keynote Speaker: 8:00 am – 10:00 am Conference Concludes: 10:00 am
How to Register Vist our conference website for more information and to register! www.conference.cajpa.org
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SESSION DESCRIPTIONS Wednesday September 22 Opening Session with Keynote
Matthew Luhn Wednesday, September 22, 2021 9:00AM – 10:15AM Location: South Shore Room, Harrahs Matthew Luhn is an accomplished storyteller, instructor, motivational keynote speaker, and story consultant with over 20 years’ experience creating stories and characters at Pixar Animation Studios. Alongside his story work in Hollywood, Matthew works with Fortune 500 companies, entrepreneurs, and other professionals on how to craft and tell stories that bridge the gap between business and heart to build stronger brands and business communication. Matthew’s most recent clients include Adidas, Target, Coke, Procter and Gamble, Facebook, Warner Brothers, Sony, and Google. Matthew’s story credits include Toy Story, Toy Story 2, Toy Story 3, Monsters Inc., Monsters University, Finding Nemo, UP, Cars, Ratatouille and other films currently in development. With over 20 years’ experience creating and developing dozens of films, TV shows, and video games, at Pixar, The Simpsons, ILM, and other studios, Matthew Luhn knows what it takes to create memorable stories with enduring characters. From filmmaking to business, Matthew’s story talks are beneficial to anybody wanting to improve their story skills or learn the persuasion of great storytelling. In Matthew’s story seminar, he will share his process for creating new ideas and characters, how to develop great stories and story structure, and how to realize your story ideas from script to storyboards to finished product.
Board Governance Session I: Foundations of Pooling
Wednesday, September 22, 2021 11:15AM - 12:00PM Location: Standford/Blaisdale, Lake Tahoe Resort
Wildfire Risks: Where Defense is the Best Offense
Marco Guardi, Managing Director, ASCIP Wednesday, September 22, 2021 11:15AM – 12:00PM Location: Tallac, Lake Tahoe Resort In this session we’ll explore how defensive steps in wildfire risk management reduced property loss severity and minimized disruption to members’ educational missions. Covering wildfire preparedness to business continuity planning, these steps serve as a holistic approach to strengthening resilience while preserving precious assets.
Impacts of AB 218: Lessons Learned & Best Practices for Meeting the Challenges Posed by the California Child Victims Act
Dave George, Chief Executive Officer, Schools Excess Liability Fund Craig Schweikhard, Executive Director, San Mateo County Schools Insurance Group Jerry Johnson, Director of Risk Management, Contra Costa Community College District Craig Bowlus, Managing Director, National Practice Leader – Risk Pooling Aon Wednesday, September 22, 2021 11:15AM – 12:00PM Location: South Shore Room, Harrahs We’ll take a look at the impact of AB 218 on public agencies in the aftermath of the passing of this unfunded, retroactive mandate by the California Legislature, nearly two years after implementation. What’s been learned, how these new challenges are being met and the best practices public entities can deploy to protect themselves from these claims.
Board Governance Session II: Foundations of Effective Governance
Wednesday, September 22, 2021 2:30PM – 3:15PM Location: Standford/Blaisdale, Lake Tahoe Resort
Cyber Risk: A Devious Data Dilemma
Aaron Hillebrandt, Principal and Consulting Actuary, Pinnacle Actuarial Resources Wednesday, September 22, 2021 2:30PM – 3:15PM Location: Tallac, Lake Tahoe Resort Several organizations aggregate, analyze, and publish cyber-risk-related data studies. Since cyber-risk data reliability is in its infancy, we must analyze a given study itself before we use its data. Why was the study Page 4
conducted? What was its data source? What type of data is it? How much massaging, filtering, and adjusting was done? The session will help attendees navigate the cyber-risk data minefield. We will also review some trends in commercial cyber coverage.
Obtaining Warrants to Take Minors into Protective Custody
Christie Swiss, Partner, Collins + Collins LLP Megan Lieber, Partner, Collins + Collins LLP Wednesday, September 22, 2021 4:15PM - 5:00PM Location: Stamford/Blaisdale, Lake Tahoe Resort This session will provide a history of the development of procedures and protocols among police and social services departments in California regarding warrant requirements for the removal of minors from their parents. By discussing a variety of case examples, we will explore the constitutional issues surrounding government interaction with families and discuss recommended risk management strategies for police and social services agencies.
How Low-Code/No-Code Can Digitally
Transform Your Claims, Member Management, and Risk Management Efforts
Thursday, September 23, 2021 Board Governance Session III: Pool Finance and Fiscal Oversight
Thursday, September 23, 2021 8:30AM – 9:15AM Location: Standford/Blaisdale, Lake Tahoe Resort
CAJPA Accreditation v.2021
Kimberly Dennis, Accreditation Committee Chair Michael Mischkot & Michael McAfee, Accreditation Consultants Jim Marta, Accreditation Program Manager Thursday, September 23, 2021 8:30AM - 9:15AM Location: Harveys Ballroom, Harveys Learn how the Accreditation Program can improve your pool and how it can help address pool operating risks. The CAJPA Accreditation Program is designed to ensure quality and professional standards for all risk management pools regardless of size, scope of operation, or membership structure. In this session experienced Accreditation Committee members, the Accreditation Program Manager and Accreditation Consultants describe the accreditation process and key changes made to improve the program.
Brian Mack, Chief Revenue Officer, Spear Technologies Lee Mashore, Co-Founder and Chief Strategy Officer, Vergence Wednesday, September 22, 2021 4:15PM – 5:00PM Location: Tallac, Lake Tahoe Resort
Trends in the Pooling Industry – How to Boost Your Pool’s Financial Health
Many organizations feel stuck in time with legacy claims and risk management systems. They’re trying to resolve current business challenges with yesterday’s technology. Now, with the Low Code-No Code Development Platforms, organizations can modernize, take control, and digitally transform their operations like never before. In this session learn the advantages of plugging into low code-no code platforms – including the ability to wield tremendous control, automation, and engagement through low-code/nocode configuration capabilities. The development tools enables business users to act as citizen developers designing and launching their own apps. Data services automatically enable enhanced performance. Data can then easily feed into advanced analytics and pre-built AI modules, so organizations can leverage insights that strengthen their loss control efforts.
The session will capture some unusual tools for reinsurance and accounting for pools like Captives, LPT’s, commutations, consolidation of various lines of coverages, corridors and IMCD’s etc. We will discuss these tools and the accounting treatment to boost pool equity.
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Puneet Behl, CFO, PRISM Kevin Wong, Shareholder, Gilbert Thursday, September 23, 2021 8:30AM – 9:15AM Location: Harveys Ballroom, Harveys
Defending Against the PTSD Presumption Amid Building Momentum within the Legislature to Expand It (The Introduction of SB284 in 2021 to amend LC 3212.15) Tyrone Spears, Chief, Workers’ Compensation Division, City of Los Angeles Thursday, September 23, 2021 8:30AM – 9:15AM Location: Tallac, Lake Tahoe Resort
There has been a recent legislative shift chipping away at prior legislation that raised the bar required for employees to establish compensable industrial psychiatric claims. With the enactment of LC 3212.15
SESSION DESCRIPTIONS CONTINUED in 2019, the legislature established a presumption that PTSD among police and firefighters is compensable, placing the burden on employers to disprove industrial causation. Since then, each year has seen additional bills introduced that would expand the presumption. We will explore from a forensic standpoint what is required in psych reports to establish substantial evidence of a PTSD diagnosis, which employees are subject to the Presumption, and the legal defenses available to employers to successfully rebut the Presumption. We will also discuss trends surrounding these Presumption claims since the enactment of LC 3212.15 in 2019.
Why Diversity, Equity and Inclusion Matters for Organizations Regina W. Romeo, CHRO & DEI Program Leader, CPS HR Consulting Jacques S. Whitfield, Principal HR Consultant, CPS HR Consulting Thursday, September 23, 2021 8:30AM – 9:15AM Location: South Shore Room, Harrahs
The current call for social and organizational change and heightened focus on diversity that started in 2020 is transforming the world we live in as well as the places we work. Diversity, equity and inclusion (DEI) practices that were in place before 2020 are significantly different in 2021. Research has consistently shown that organizations that embrace diversity report higher rates of retention, employee satisfaction and organizational performance. Now, more than ever, employees, members of the public and other stakeholders are expecting organizations to take meaningful and thoughtful action regarding diversity. While many organizations want to begin or continue their DEI journey, there is uncertainty or confusion on how to revamp and revitalize their DEI efforts in sustainable ways. Executives, organizational leaders and advocates are responsible for advancing organizational changes around DEI, culture, compliance and workplace well-being but may be unsure of how to make that happen.
Board Governance Session IV: Risk Management and Member Services
Thursday, September 23, 2021 10:15AM – 11:00AM Location: Standford/Blaisdale, Lake Tahoe Resort
“There’s an App for That” - Innovation in Health Plan Design, Administration and Healthcare Delivery Tom Sher, Senior Vice President, Alliant Employee Benefits Thursday, September 23, 2021 10:15AM – 11:00AM Location: Tallac, Lake Tahoe Resort
Technology is helping to move healthcare from treatment to prevention, from reactive to proactive and from episodic to holistic. Technology is also changing employer-sponsored health plan design, plan administration, how your employees interact with healthcare providers and how they care for themselves. Learn how public employers are deploying new technology to slow the rate of increase in health care costs by improving employee health.
Deductible Strategies for Dummies
Michael Mischkot, Principal, Embros, LLC Michael McAfee, Principal, Embros James Marta, Accreditation Program Manager Thursday, September 23, 2021 10:15AM - 11:00AM Location: South Shore Room, Harrah’s This session frames various approaches to member deductibles and defines environments in which they may be appropriate. An alternative claims financing mechanism that enables members to keep their capital in their own jurisdiction while recognizing significant savings over time will also be examined. A spreadsheet model that enables pools to easily quantify and project strategy outcomes using their own data will be presented and made available to interested JPAs.
This Bud May Not Be for You: Litigation Exposure for Cities and Counties Arising Out of Cannabis Cultivation
Adam Ambrozy, Partner, Lenahan, Slater, Pearse & Majernik LLP Thursday, September 23, 2021 10:15AM – 11:00AM Location: Harveys Ballroom, Harveys With Cities and Counties now allowing cannabis cultivation within their borders and regulating the same, cannabis cultivators have been initiating litigation when these same Cities and Counties require, they comply with the rules. This session will discuss strategies to combat such litigation, the importance of crafting effective local ordinances Page 6
relating to cannabis cultivation, and strategies to use when working with law and code enforcement in abatement operations.
General Session: The CAJPA Story and Awards Ceremony - Legal Affairs Committee Annual Case Law Update Rob Greenfield, General Counsel, ACWA Mike Pott, Chief Legal Counsel, PRISM Thursday, September 23, 2021 11:15AM – 12:15PM Location: South Shore Room, Harrahs
In this session the speakers will provide a summary of decisions that have been handed down by Courts in the 9th Circuit and in California during the past 12 months. The cases discussed will be in the subject areas of employment law, civil rights, workers’ compensation, dangerous condition, inverse condemnation, immunities, claims presentation, and coverage.
Qualified Immunity: Where It Is; Where It’s Going
Daniel P. Barer, Partner, Pollak, Vida & Barer Thursday, September 23, 2021 3:00PM - 3:45PM Location: Stamford/Blaisdale, Lake Tahoe Resort The Supreme Court and Ninth Circuit status of the controversial Qualified Immunity Defense and its future in the courts and Congress.
Paying Your Fair Share: Proposition 51 after B.B. v. County of Los Angeles
Kimberly Chin, Partner, Allen, Glaessner, Hazelwood & Werth LLP Thursday, September 23, 2021 3:00PM – 3:45PM Location: South Shore Room, Harrahs This session will provide a refresher on Proposition 51 and discuss the implications of the California Supreme Court’s decision in B.B. v. County of Los Angeles (2020) 10 Cal.5th 1 in which the Supreme Court held that an intentional tortfeasor is not entitled to a reduction or apportionment of noneconomic damages. This case has implications on a wide range of public entities because most cases involving intentional tortfeasors are high profile, high value cases such as sexual abuse or constitutional claims based on 42 U.S.C. § 1983. The effects of B.B. could potentially reduce or increase exposure in an already high exposure case depending on whether an intentional tortfeasor is involved.
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SESSION DESCRIPTIONS CONTINUED Embracing Our New (Virtual) Reality and Taking Pooling to New Heights through Technology
Rick Brush, Chief Member Services Officer, PRISM Tom Pelster, Chief Information Officer, PRISM Maria Williams, Sr. Member Services Specialist, PRISM Thursday, September 23, 2021 3:00PM – 3:45PM Location: Harveys Ballroom With the onset of the pandemic in early 2020, public entities learned to pivot quickly and embrace the (virtual) reality that technology can take pooling to amazing new heights. In this presentation, attendees will be equipped with tools to enhance their technological prowess in the areas of: improved employee productivity & morale, enhanced data gathering capabilities, and increased digital transparency and compliance, all while maintaining a secure network.
Mr. Walters has written about California and its politics for a number of other publications, including The Wall Street Journal, and in 1986, his book, “The New California: Facing the 21st Century,” was published in its first edition. The book later underwent revisions and became a widely used college textbook about socioeconomic and political trends in the state. He is also the founding editor of the “California Political Almanac” and the co-author of “The Third House: Lobbyists, Money and Power in Sacramento,” published by the University of California. Mr. Walters frequently appears on CNN, Fox, and other networks, commenting about political developments in California.
Friday, September 24, 2021: Legislative Session, Keynote Speaker and Breakfast
Dan Walters Friday, September 24, 2021 8:00AM – 10:00AM Location: Lake Tahoe Resort Ballroom Dan Walters has been a journalist for nearly 60 years, spending all but a few of those years working for California newspapers. At one point in his career, at age 22, he was the nation’s youngest daily newspaper editor. He joined The Sacramento Union’s Capitol bureau in 1975, just as Jerry Brown began his governorship, and later became the Union’s Capitol bureau chief. In 1981, Mr. Walters began writing the state’s only daily newspaper column devoted to California political, economic and social events. In 1984, he and the column moved to The Sacramento Bee and in 2017, Mr. Walters and his column shifted to CALmatters.org, a non-profit organization devoted to California public policy issues. He has written more than 9,000 articles and his column appears in dozens of California newspapers. Page 8