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Trust Matters, November 2019

We Need Your Help -- Focus Groups​
​Public Entities - Cyberattacks
Fruits of Their Own Labor Claims
Sidewalks – How perfect do they need to be?​
Fall has arrived in N.C.
The Check is in the Mail

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We Need Y​our Help -- Focus Groups​​

The N.C. League of Municipalities and our Health Benefits Trust (HBT) is holding an Online Focus Group, and we need your help!

Wednesday, December 11, 2019 | 11:00 am

通过参与和分享你对团体健康保险的坦诚反馈, the League's Health Benefits Trust, 和/或你所在的市政当局需要从健康保险公司那里得到什么, you will help make future HBT coverage options better for all cities and towns across the state. Log on December 11th at 11:00 am 参与在线焦点小组——这很容易, 只需输入你对讨论问题的真实回答. Responses are anonymous.  

Plus - Earn $25 for Your Help! 完成焦点小组的前100名参与者, 会收到一张价值25美元的亚马逊礼品卡作为我们的感谢吗!

Public Entities - Cyberattacks​

刚刚过去的4月是地方政府网络安全的糟糕月份. There were multiple reported attacks 这导致服务关闭,包括关键的公共安全功能. 尽管市政当局以前也曾是网络攻击的目标, 袭击的频率及其后果都有所增加. Municipalities increasingly rely on their computer networks to deliver services to their residents, and as they build out “smart city" infrastructure, 中断的影响在现实世界中是真实的.​

实现良好的信息安全实践非常重要. It's also important to recognize that you can't achieve 100 percent security; there will always be a new vulnerability or gap.

Therefore, it's critical for municipalities to develop an incident response plan to guide their actions if a malware attack causes an outage. This is an extension of your disaster recovery plan; in addition to a strategy for bringing systems back on line, 您需要一个流程来识别已暴露或被篡改的数据, plus a way to minimize the impact on the public. A mindset of “who'd be interested in us?" is no longer viable.

It will be imperative for all our cities and towns, small to large, 保持警觉,部署防火墙,防止网络攻击, antivirus software and redundancy plans as well as training municipal employees in safe computing practices. Recent data show that employee negligence or malfeasance has become the top source of breaches. 

我们的财产和责任信托基金继续与比兹利合作, 为我们的会员提供网络保险. 网络政策自动为每位会员提供100美元的网络限额,000, 如果需要,会员可以选择购买更高的限额.

In conclusion, as an IRFFNC/Beazley policy holder, members have access to a proprietary risk management website containing valuable resources, such as sample privacy policies and procedures, breach response and preparedness materials and state and federal regulatory updates. www.beazleybreachsolutions.com,

If you have already registered at www.beazleybreachsolutions.com, you do not need to re-register. 如果您没有,您需要在第一次访问该网站时进行注册. 请使用您的商务邮箱地址和激活码XXXXXX. 您只需要在第一次登录时使用此代码. In subsequent visits, simply use the password you created on your first visit to the site. 如果您需要注册方面的帮助,请发送电子邮件 bbrservices@beazley.com  或联系您的NCLM IRFFNC承销商:UW电子邮件: RMSUnderwriting@promisesurfing.net​.

Why is it important to follow 政策、标准操作程序和书面指示? ​

A city employee, 在本文中被称为“约翰·史密斯”, 是被北卡罗来纳市警察局雇佣的吗. 不久之后,他被提升为下士. 四年后,约翰·史密斯寻求晋升为中士. 史密斯对这个职位进行了测试,但没有获得及格分数. The employee reviewed a copy of the test and found that answers were based on outdated law. Smith filed a grievance regarding the discrepancy in the test answers and was denied a grievance hearing.

史密斯寻求法律行动,并声称该市违反了宪法第一条, Section 19 of the North Carolina Constitution, which states that we “hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness." The N.C. Court of Appeals majority concluded that “it is inherently arbitrary for a government entity to establish and promulgate policies and procedures and then fail to follow them, but further to claim that an employee subject to those policies and procedures is not entitled to challenge that failure." The majority also stated that “irrational and arbitrary" government actions violate the “fruits of their own labor" clause."

这对地方政府雇主意味着什么? The opinion of the courts is not limited to just promotional processes; rather, it is much broader in scope, including all 政策、标准操作程序和书面指示. Local government employers need to be aware that it is a violation of the North Carolina Constitution if the following occurs: (1) a public employer has a clear employment rule or policy; (2) the employer violates that rule or policy; and (3) the employee suffers an adverse consequence.

地方政府可以做些什么来防止“自己的劳动成果”的索赔? Follow all 政策、标准操作程序和书面指示. There are times when local governments may forget there is policy in place or simply do not follow the policy. To avoid “fruits of their own labor" claims, local governments may want to consider updating the policy or removing the policy if it is no longer applicable.

If you have questions about the applicability of the above case scenario and opinion, 请不要犹豫,联系人力资源顾问, Heather James (hjames@promisesurfing.net) or Hartwell Wright (hwright@promisesurfing.net) for more information. 

Sidewalks – How perfect do they need to be?​

Sidewalks are costly: on the budget, in manpower and, potentially, as a liability.

市政当局投入大量资金维护我们的道路和人行道, but given the steep service demands, their day-to-day statuses can go unchecked. Problems can arise quickly. Well-trafficked areas can develop uneven surfaces. And as a result, these local assets can become one of the largest exposures for potential claims.

Now, it's important to note that municipalities are not required to keep sidewalks and road surfaces perfectly flat. 平坦和无缺陷的人行道往往是无法实现的, 地表高度的某些差异不仅是可以接受的, but to be expected in popular areas, such as downtown.

话虽如此,这些问题不应被忽视. It is important to develop an inspection protocol, so hazards can be addressed and prioritized. 应该建立一个允许观察员的系统——不管是警察, utility departments, or citizens—to easily report an area of concern. Those reports would be inventoried, 每一个问题都将导致初步检查, record of the findings, and any future plans of action.

在采取这些步骤之后,市政当局的决定应该被记录下来. For significant concerns, 市政当局认为需要采取进一步行动的地方, 然后公众需要意识到这种担忧. Cones, barricades, or tape should be used to mark a potentially hazardous area after it has been identified, and repairs should be made as timely as possible.

If there has been an accident in the area, 立即向NCLM索赔部报告这一点很重要, so an investigation can be done by our staff to determine if there is an exposure to the municipality for damages. If any remedial repairs are done, be sure to photograph and measure the area before it is marked with warning devices. This information can make a huge difference in determining if there is fault exposure to the municipality.

正是在这些情况下,上述记录保存制度至关重要. When followed, 市政当局将对所有报告的问题进行记录, subsequent inspections and determinations, and an explanation of what actions are or are not being taken concerning the problem.

Most importantly, if a fall or injury has occurred, notify NCLM Claims immediately. Our staff is always available to discuss any questions and we encourage you to contact us with these questions.​

Fall has arrived in N.C.

Fall has finally arrived in North Carolina! 到外面凉爽的空气中做点运动,真是个好时机! 每年的这个时候最适合去看看新的徒步旅行路线, or raking up those leaves in the backyard, 但最重要的是,这是外出的好时机! 

这也是一年中检查健康状况的好时机. Have you gotten your annual physical? How about those age-appropriate cancer screenings? Don't forget about your eyes and teeth. 定期的眼科和牙科检查是预防性保健的重要组成部分. 很多时候,这些检查可以发现各种疾病的早期发作(如.e.(高血压、中风、甲状腺疾病、癌症、关节炎、糖尿病).

For members of NCLM's Health Benefits Trust (HBT), please pay attention to mailers from Medcost, 我们健康福利信托的第三方管理人. Reminders of wellness requirements are being mailed out monthly starting in September. To avoid the non-compliance 10 percent rate surcharge (to be paid by the employee for 12 months), get those screenings in before the end of the calendar year and accept any calls from your personal care management nurse. 

有关HBT健康要求的更多信息, 请联系HBT员工或Medcost客服.

The Check is in the Mail​

On accepted workers compensation injuries, after the seven-day waiting period is met and the injured worker remains disabled, 赔偿金按平均周薪的三分之二支付. The average weekly wage is calculated by averaging the injured workers' pre-injury wage earnings 52 weeks prior to the date of injury. 这包括加班费、奖金、生活费调整等等. 平均周薪一旦确定,在理赔期间不会改变. 

The current maximum weekly compensation rate is $1,028; for 2020 it will increase to $1,066.  The minimum compensation remains $30. Workers compensation benefits are not taxable.

When the injured worker is written out of work completely or unable to return to the job due to temporary restrictions, 该工人每周获得临时完全残疾津贴.  这是平均周薪的三分之二. When the injured worker is able to return to work but earns less than the average weekly wage due to restrictions, 医疗预约或工作机会限制, we will pay Temporary Partial Disability, which is basically making up the wage difference. Sick time and vacation time should not be used in lieu of workers' compensation benefits.

365足彩下载确实提供这些每周福利的电子支付. Forms are mailed to the injured worker to complete. If there are any questions regarding this process, 请随时与工人赔偿部门联系. ​


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