Fighting (for) City Hall:
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Transcript of Fighting (for) City Hall:
2007 International 2007 International ConferenceConference
Fighting (for) City Hall:Fighting (for) City Hall:
Exploring, Insuring and Controlling Municipal Liability Risks
Fighting (for) City HallFighting (for) City HallPanel MembersPanel Members
• MODERATOR: Ruth Moraski, President The Zigmund Company
• Maria McGinn, Underwriting Manager Euclid Managers, LLC
• Thomas P. McGinnis, Partner Thomas, Thomas & Hafer, LLP
• Daniel Pliszka, Manager Risk Management Consulting, Bickmore Risk Services
• Rick Savakinas, Claims Manager Scottsdale Insurance Company
OverviewOverview
• Immigration Law and the ramifications of enforcement or circumvention at the local level
• Can municipal governments outsource their responsibility?
• Sovereign immunity in cases of risk transfer
Immigration Law DilemmaImmigration Law Dilemma
The rights of municipal governments in immigration
enforcement
City of HazeltonCity of Hazelton
• Third Class under PA Law
• City Settled by Illegal Immigrants from 2000 to 2006
The OrdinancesThe Ordinances
• Ordinance 2006-13
• Ordinance 2006-18
• Ordinance 2006-19
The ComplaintThe Complaint
• Aug 15, 2006, Complaint Regarding Illegal Immigration Relief Act Ordinance filed
• Trial Set for March 12, 2007
The IssuesThe Issues
• Supremacy Clause
• Equal Protection
• Due Process
• Fair Housing Act
• 42 U.S.C. 1981
• Plaintiff’s Privacy Rights
• PA Landlord and Tenant Act
The Issues cont.The Issues cont.
• Hazleton’s Municipal Powers
• Hazleton’s Legitimate Police Power
The VerdictThe Verdict
• Verdict Rendered on July 26, 2007
• Plaintiffs Won
• City Appealed
SummarySummary
• Laws regarding Immigration are changing – Be Aware
• Open communication of all parties is key – Ask ‘What If’ Questions
OutsourcingOutsourcing
Are you truly outsourcing
your liability?
OutsourcingOutsourcing
Contractual Risk Transfer
• Identifies exposures
• Assigns loss control/prevention responsibilities
• Improves efficiency
OutsourcingOutsourcing
How can risks be minimized?• Appropriate limits of liability
• Indemnification provisions
• Proper documentation
Outsourcing and Sovereign Outsourcing and Sovereign ImmunityImmunity
Is there danger of waiving immunity by outsourcing?
Kosciusko County Board of Kosciusko County Board of CommissionersCommissioners
• Indiana County Population 80,000
• County Jail
Kosciusko County Board of Kosciusko County Board of CommissionersCommissioners
Summary of Case:
• North Webster Police Department Arrested Reid for Drunk Driving on 3-15-03
• Reid was a Heavy Drinker and put on Watch at the County Jail
Kosciusko County Board of Kosciusko County Board of CommissionersCommissioners
Summary of Case continued:
• Defendant Nurse initially Prescribed Lithium for Reid
• Reid Collapsed on 3-18-07; CPR was Administered
• Reid Died
The AllegationsThe Allegations
• Count I: Violation of 42 U.S.C. 1983
• Count II: Violation of 42 U.S.C. 1983
• Count III: Wrongful Death Under Indiana Law
• Count IV: Medical Negligence Claim Under Indiana Law
The IssuesThe Issues
• Violations of the 14th Amendment,1983
• County Sheriff, County Jail Physician, Nurse, various County Defendants Named
• Judge Denied Qualified Immunity
• Federal Actions Not Tossed; Fees and Costs Involved
The SettlementThe Settlement
• Case Settled for $925K
• Travelers and SIC Split 50-50
SummarySummary
• Experienced Claims Handling is Important
• Be Aware of the Jurisdiction
• Understand the Importance of Venues – Federal vs. State
• Is Settlement an Option?
TakeawaysTakeaways
• Open communication of all parties is key. Ask those important 'what if' questions
• Experienced claims handling is important
• Is settlement an option?• Everything an entity does
encompasses some risk• When in doubt, seek legal counsel
AudienceAudience
Q&AQ&A
Thank you to …Thank you to …
• Maria McGinn
• Thomas P. McGinnis
• Ruth Moraski
• Daniel Pliszka
• Rick Savakinas