May 20, 2009
TO: WSTIP Executive Committee
FROM: Al Hatten, Executive Director; Jerry Spears, Deputy Director; and
Tracey Christianson, Member Services Manager
SUBJECT: Executive Staff Report
2009 INSURANCE PLACEMENT / 2010 RENEWALS
Staff has submitted the exposure data and loss information. We should have a quote in the next two or
three weeks. In addition to the current property provider (Public Entity Property Insurance Program),
WSTIP has also submitted the loss and exposure data to the Governmental Entities Mutual (GEM). GEM
initiated a property program several years ago and it is possible their quote will competitive and as
inclusive as the current carrier. The property insurance program renews on July 1.
GOVERNMENTAL ENTITIES MUTUAL, INC (GEM)
The next meeting is July 22-25, in Minneapolis. The dates will include a seminar of coverage
comparisons, a regular board meeting, the annual meeting including the elections of officers and a
Tentatively, the agenda will include an executive session on Board assessment process, criteria used to
select potential Board members, eligibility requirements for the Board secretary and succession planning.
PUBLIC RECORDS REQUEST – TRANSIT CAMERAS
On May 11, WSTIP organized a small symposium in engage in a discussion regarding compliance to
public disclosure requests for system-wide video recordings. The meeting was held at Foster Pepper,
LLC in Seattle courtesy of attorney Ramsey Ramerman. Attendees included legal and risk management
representatives from City of Everett (Tim Bennett), Everett Transit (Tom Hingson), Community Transit
(Joe Bennett, Emmett Heath and Mike Burress), Spokane and Pullman Transits (Laura McAloon and
Tom Wolfendale), Sound Transit (Teri Lapetino) and Pierce Transit (Joe Larson, Risk Manager), and
WSTIP staff and legal counsel (Hatten, Christianson, DeVoll, and Franz). Attorney Jeff Meyers also
attended at the invitation of Ramsey Ramerman to provide additional legal opinion on response to public
Based on the summary of information gleaned from the participants, three themes appeared to be of
The first thought was to set up an exploratory task force to look at the prospects of a legislative fix.
WSTIP made contact with WSTA and they are willing to go explore this option in a partnership with
WSTIP. A first meeting of this legislative task force is set for June 15 at Pierce Transit, 9 – 11 am.
Page 1 of 5
The second suggested WSTIP support the development of a “Best Practices policy” in response to Public
Disclosure Request (PDR) for video recordings. WSTIP will initiate a preliminary discussion soon and will
make sure all will be given an opportunity to comment.
The third was to work with the TRB and APTA looking for examples and assistance from other large
entities in responding to public records requests. The only caveat with this idea is that the public records
laws in Washington are liberally construed by the courts.
The group also discussed the issue of a judicial remedy and agreed that it would take finding the right
case and a favorable judge. Although it could be beneficial for the legislature to see how the interests of
all are compromised in such a case, the group was not optimistic about a successful outcome. So this
idea was placed on the back burner.
WSTIP will take move forward on the task force (as already mentioned) and the development of Best
PROPERTY LIABILITY ADVISORY BOARD (PLAB)
Public hearings are scheduled and announcements will be forthcoming in the next week or so.
The proposed revisions to WAC 82.60 have been through legal review and the regulator is waiting for the
document to coming back from Typing Services for the correct formatting. It has to be published with the
CR 102, which is the publication of hearing dates.
The code reviser publishes twice each month, and the publication must occur at least 20 days before the
hearing date (see the attached schedule). So, it may be able to publish by June 3, with possible hearing
dates after June 23. If publication doesn't occur until June 17, the first possible hearing date will be July 7.
There will be a hearing in Olympia and in Ephrata, but the hearing dates depend on how soon the
formatted document comes back. A few pool directors have indicated that they have vacation plans for
later in June, so perhaps early July would be more realistic.
The Roadeo Steering Committee has voted to move forward with plans for a 2009 Washington State
Public Transportation Roadeo. In light of the difficult economic times, the committee has scaled back this
year’s event and is coming up with creative solutions to keep costs down to meet the needs of all
competitors. Additional information will be sent out soon, detailing the plans and strategies being
considered in making this event a success. The dates are August 29 - 30 at Pierce Transit. WSTIP has
budgeted $7,500 to support the Roadeo.
WSTIP PROPERTY / GL POLICY LANGUAGE CHANGES
Staff request that the general counsel present the legal review completed on the general liability policy.
Also, some questions have been raised on the property policy and staff request that the property policy
be reviewed and compared to industry standards and other property pools. As a timeline, it would require
submission of necessary revisions to the Board for comment at their September work session, and
approval by the Board at the Annual Meeting for the new policies to be in place for 2010.
AGRIP PUBLIC POOLING RECOGNITION (ACCREDITATION)
Jamie Collier will be conducting the audit of WSTIP’s application to AGRIP for public pool standards
recognition. Jamie will be at the WSTIP offices on June 4 and 5. Our recognition officially ends on May
31. WSTIP has informed AGRIP of our intention to make our application by June 15. If all goes as
planned, President Plaster will receive our recognition award at the AGRIP meeting in October in Seattle.
Page 2 of 5
INTEGRATED RISK MANAGEMENT
This item will be reported on under a separate tab and include an update on staff activities, the IRM
Benchmark Subcommittee, and the Driver Record monitoring project. A separate discussion item for the
Camera Initiative appears on the agenda.
EVERETT STATION – TRAINING ROOM
Everett Transit has approached WSTIP regarding forming a partnership to acquire classroom/training
space at Everett Station. The space is currently used by a cooperative of community colleges and is
already established as classrooms. The cooperative has decided to not renew their lease. WSTIP is
working with Everett to form a partnership to keep one classroom available for training. Chris DeVoll is
taking the lead on this project and working with Tom Hingson. More information will be presented when
MISCELLANEOUS MEMBER SERVICES
Training Coalition – Recent Training Coalition events include:
May 6 Managing Contracts, taught by Geoff Baillie
May 14 Live Web course – Safety in the Shop Environment with Tim Shellenberger
(rescheduled for the fall)
June 9-10 NIMS 300 Class, taught by Don MacLardy from Select, Inc.
(in danger of being cancelled)
June 16 Live Web course – Outdoor Heat Exposure with Department of Labor and Industries
(in danger of being cancelled)
UPCOMING AUTHORIZED CONFERENCES
If you are interested in any of the following conferences and would like to attend or find out more
information, please contact any of the WSTIP staff for assistance. The Executive Committee authorizes
the following WSTIP reimbursable trustee development courses: If you would like the Executive
Committee to consider other conference possibilities, please submit your interest directly to the Board
Chair for consideration and approval.
Conferences and Training Events of Interest to Board Members
July 2009: 21 - 24– GEM Annual Meeting – Minneapolis, MN
Web site: www.gemre.com
August 2009: 2 – 5 – ARMTech Conference – LaJolla, CA *
Web site: www.armtech.com
August 2009 3 – 5 – AGRIP Institute for Management & Leadership – Burlington, VT
(Pool Senior Staff focus- Not recommended for trustees)
October 2009: 1 – 3 – GEM Business Meeting – Concord, NH
Web site: www.gemre.com
October 2009: 19 – 21 AGRIP Governance Conference – Seattle, WA
Web site: www.agrip.org
*The August 2009 ARMTech Conference in LaJolla, California is highly recommended.
CLAIMS/FINANCES AND INFORMATION TECHNOLOGY
WSTIP currently has 349 open claims. Twenty-four claims are in litigation status. Total case reserves for
these 349 files are $6,134,576. For loss year 2008, subrogation totals are $422,671. All these
subrogation monies are returned to the members when recovered by staff. For 2009, we have collected
$46, 028 so far. Given that Pierce Transit is a full member now, we are incorporating 2009 Pierce Transit
Page 3 of 5
liability claims data into the monthly Riskmaster report. This will include their claims counts, reserves and
Everett Transit had a left hand turn fatality bus/motorcycle accident in March 2007. A $5 million Claim for
Damages has been filed on this matter by the estranged wife of the deceased. We have retained
defense counsel for this matter. We expect a lawsuit on this one. Everett Transit was also involved in a
serious chain reaction rear-ender collision in October 2006 involving six vehicles where the Everett bus
was the last vehicle in the chain. Fifteen claims developed from this accident against Everett Transit. We
have resolved eleven of the fifteen claims. We will attempt to resolve three of the remaining four over the
next three months via mediation and/or negotiation.
Ben Franklin Transit had a serious rollover vanpool accident in January 2008. It was a single vehicle
accident. This event has seven claimants including the driver. One passenger was at Harborview in
Seattle for six weeks. We are closely monitoring this file. Four of the seven passengers have retained
the same attorney to represent their interests. We have retained defense counsel and an outside
adjuster to help resolve this matter. We settled two claims at mediation in December. We were unable to
settle a third claim at mediation in Spokane. There is a wide discrepancy on value between WSTIP and
the plaintiff in this case. This plaintiff/passenger has filed a lawsuit on this matter but recently returned to
work. We settled the passenger claim from the non-represented person recently. We expect a demand
from the most seriously injured passenger in late June. Mediation is scheduled for August in Yakima on
the most seriously injured passenger. There is one other passenger from this accident. He is
represented by a Kennewick attorney. We do not expect resolution on this one for at least a year. He
has not filed a Claim for Damages or a lawsuit yet.
Intercity Transit had a double fatality accident in July 2008. This accident involved a bus and a
motorcycle. The decedents were age 42 and 44. WSTIP has retained defense counsel, an adjuster and
an accident reconstructionist for this loss. The entire accident is captured on the bus camera system.
Staff is closely monitoring this file. The decedent’s families retained attorneys to preserve and protect
their interests. We settled the passenger claim at mediation last month. The motorcycle driver’s estate
has indicated some interest in pursuing a suit. We responded by indicating we would vigorously defend
against their expected suit.
Link Transit had two serious and unfortunate claims develop recently. A paratransit operator allegedly
molested two developmentally disabled passengers on multiple occasions while on duty. WSTIP is
providing an adjuster, defense counsel for the potential tort and employment claims and a public relations
consultant to assist Link with managing this set of circumstances. There is nothing new to report.
The annual Claims Coordinators conference was held last month and we had 24 attendees from various
members around the state. Denise and Tracie Henderson did an excellent job coordinating this training
event. I think members found it a great networking and training opportunity.
We purchased and implemented a new report writer for RiskMaster. It is a web based tool called
Business Intelligence. Staff (Jerry) spent a lot of time to become knowledgeable about the functional
capabilities of this software. He has automated much of the reporting process with this tool. Monthly
member open claims reports are now automated and will be shipped to the members via e-mail. Jerry
plans to cross train several staff on how to use this product.
Finances – Over the next few weeks, staff will finish the 2008 financials, work on strategic financial ratios
and assist the Policy Committee in writing a proposed budget policy.
Page 4 of 5
Google Transit - Staff has also arranged for a Consultant to be available for those small and medium
members that wish to upload their scheduling data to Google Transit. Please contact Andrea Powell if
WSTIP Web Site – As previously reported, WSTIP is working to redeploy our public website utilizing a
SharePoint platform. The public site is up internally and staff is working to review and reorganize the
elements of the public site (testing). We expect the public web site to go live soon. CorasWorks was on
site for four days to provide training and development assistance with one piece of the new member
portal site (event registration). The Training Coalition piece was developed, and Anna and Andrea will be
meeting for a week in early June to rework the Board event registration pieces. Andrea is the Coordinator
of this project.
Pierce Transit - Staff has started the transition process for Pierce Transit’s full membership January 1,
2010. Staff expects this to be a smooth but very involved process that includes meetings, negotiation and
coordination over the next 6 months.
Page 5 of 5