Special events season is in full swing as communities highlight local attractions with parades, festivals, concerts and sports activities. While special events offer fun and an opportunity for the community to come together, they also create liability exposures that are often overlooked.
Even if a municipality is not directly involved in staging the event, it may have liability exposure when public services, resources or property are used.
Local officials can minimize the risks by adopting a special events policy outlining what activities are allowed and whether the governmental entity’s name can be used in promotions, what coverage and limits of insurance are required and type of services that can be provided by the municipality or the outside entity.
The city should also institute an application or permit process to help regulate and properly manage events sponsored by outside parties. Outside entities should complete a comprehensive special events application to ensure the event is safe and successful while having minimal impact on the city. The applicant should specify any service, material or property that he expects the municipality to provide
A staff member (or committee) should coordinate the pre-event planning process and help departments identify risks, develop effective controls for managing the events and determine the event’s impact on the municipality, residents and local businesses.
Sponsorship
For each event, officials need to decide if the city will be a sponsor or cosponsor or not participate at all. If the municipality will sponsor or participate in the event, local officials should check the city’s insurance coverage for the level of coverage provided and activities that may be excluded from coverage.
Insurance coverage
The city should require third parties, contractors and vendors to provide a certificate of insurance, name the city as an additional insured and sign a hold harmless and indemnity agreement to minimize the city’s risk.
The city should get the certificate directly from the insurance agent and ask him to list the date and location of the event and the service the vendor is contracted to provide.
Most public entities have liability coverage without a general exclusion for special events. Unless a particular activity is excluded, liability coverage will apply.
For more information about common insurance exclusions, waivers, alcohol and food sales, medical coverage, security and volunteers, read the article in the June Uptown or attend the “Keep a Special Event ‘Special’ by Avoiding Liability” session during the Association’s Annual Meeting on Thursday, July 10, at 1:30 p.m.
Wednesday, June 25, 2014
Tuesday, June 24, 2014
Changes to National Flood Insurance Program Affect More Than Coastal Cities
Even if your city isn't on the coast, you still may have reason to be concerned about recent changes in the National Flood Insurance Program. There is growing concern among municipalities that property values, along with historic preservation and infill projects, could be negatively impacted after Congress made changes this year to its federal flood insurance program in an effort to keep the program afloat.
The
federal government has offered flood insurance to property owners since the
late 1960s through the National Flood Insurance Program. The program, which
currently has 5.6 million policies in place, was created to provide flood
insurance to places not covered by private insurance because of elevated risks.
While the
program largely seeks to keep new construction dry during floods, it also made
policies available at discounted rates for structures built in flood hazard
zones before 1975, when the rules were different and fewer flood maps were
available. The program provided subsidized rates for these high-risk areas to
avoid pricing the owners out of their properties.
The
program began struggling financially following the catastrophic losses from
Hurricanes Katrina and Sandy. In 2012, Congress passed the Biggert-Waters FloodInsurance Reform Act in an attempt to restore solvency to the program. The act made
changes to all major components of the program, including flood insurance,
flood hazard mapping, grants, and floodplain management. The changes increased
rates to ensure that flood insurance rates more accurately reflected the real
risk of flooding.
After scores
of property owners complained of skyrocketing rates that threatened the loss of
their homes, Congress passed additional reforms. In March, President Obama
signed into law the Homeowner Flood Insurance Affordability Act of 2014. This
law repeals and modifies certain provisions of Biggert-Waters.
Lisa Jones, owner of Carolina
Flood Solutions LLC and an
expert on Biggert-Waters, will present a session on this topic at the Annual Meeting in Charleston on Friday, July 11. It's a session that will be of interest to any city that has property, particularly historic or infill property, in flood-prone areas.
Wednesday, June 18, 2014
Supreme Court Rules on Amending Meeting Agendas
Two years after the state Court of Appeals ruled on the case of Lambries vs. Saluda County related to amending public body meeting agendas, the South Carolina Supreme Court today overturned the lower court’s decision.
The Supreme Court ruling concluded “FOIA’s notice statue does not require an agenda to be issued for a regularly scheduled meeting, and FOIA contains no prohibition on the amendment of an agenda for a regularly scheduled meeting…”
"We agree with the ruling of the Supreme Court based on state law; however, we believe the best practice for cities is to have an agenda for all meetings posted a minimum of 24 hours in advance of the meeting," said Miriam Hair, the Municipal Association’s executive director. "This practice helps councils efficiently and effectively handle the public’s business.
"Public notice of the agenda is also an effective way to keep the public informed as to what the council will discuss at its next meeting. However, we acknowledge that there may be unusual circumstances when a council may need to amend an agenda at the time of the meeting to address a critical and unanticipated situation.”
Wednesday, June 11, 2014
Flag Day is Saturday - do you know the rules of flag-flying?
This Saturday is Flag Day. It's the anniversary of the official adoption of the Stars and Stripes as America’s flag. Do you know the protocol for properly displaying Old Glory? For more information about flag protocol, read the June Uptown article.
Is there a law dictating flag protocol?
For nearly 50 years after Congress authorized the U.S. flag design, there was no uniform set of rules for displaying and showing respect for the flag. To develop a guide, a National Flag Conference was held in Washington, DC, on Flag Day, June 14, 1923. Congress adopted it in 1942 making the flag code law. Congress amended the resolution in 1976 and enacted it as Public Law 94-344, commonly called the Flag Code.
According to the Code, “The flag should be hoisted briskly and lowered ceremoniously. The flag should be displayed daily, weather permitting, on or near the main administration building of every public institution. The flag should be displayed in or near every polling place on election days.”
Can you fly the flag at night?
While it is customary to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. According to a 2009 report from Congressional Research Service, “It would seem that display of the flag in a respectful manner with appropriate lighting does not violate the spirit of the Flag Code since the dignity accorded to the flag is preserved by lighting that prevents its being enveloped in darkness.”
What does half-staff mean?
The term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff. When flown at half-staff, hoist the flag to the peak for an instant then lower it to the half-staff position.
Likewise, raise the flag to the peak for an instant before lowering it for the day. On Memorial Day, fly the flag at half-staff until noon then raise it for the remainder of the day.
Who can order the flag to be flown at half-staff?
Only the president, governor and mayor of the District of Columbia can call for the flag to be flown at half-staff.
Does state law have provisions about flying the flag at half-staff beyond what the federal government requires?
According to SC Code 1-3-470, the governor will order flags on state buildings flown at half-staff on the day of burial or other service as a tribute for any firefighter or law enforcement officer who died in the line of duty. He will request flags over the buildings of all political subdivisions to do the same. Additionally, flags on top of the State Capitol must be lowered to half-staff on the day when funeral services are conducted for members of the United States military services who were residents of South Carolina and who lost their lives in the line of duty while in combat.
Also flags atop state and local public buildings must be flown at half-staff until at least noon on POW/MIA Recognition Day (the third Friday in September) according to Section 53-3-165 of the SC Code of Laws.
The state Budget and Control Board provides email notification of half-staff observances. Subscribe here.
Is there a law dictating flag protocol?
For nearly 50 years after Congress authorized the U.S. flag design, there was no uniform set of rules for displaying and showing respect for the flag. To develop a guide, a National Flag Conference was held in Washington, DC, on Flag Day, June 14, 1923. Congress adopted it in 1942 making the flag code law. Congress amended the resolution in 1976 and enacted it as Public Law 94-344, commonly called the Flag Code.
According to the Code, “The flag should be hoisted briskly and lowered ceremoniously. The flag should be displayed daily, weather permitting, on or near the main administration building of every public institution. The flag should be displayed in or near every polling place on election days.”
Can you fly the flag at night?
While it is customary to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. According to a 2009 report from Congressional Research Service, “It would seem that display of the flag in a respectful manner with appropriate lighting does not violate the spirit of the Flag Code since the dignity accorded to the flag is preserved by lighting that prevents its being enveloped in darkness.”
What does half-staff mean?
The term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff. When flown at half-staff, hoist the flag to the peak for an instant then lower it to the half-staff position.
Likewise, raise the flag to the peak for an instant before lowering it for the day. On Memorial Day, fly the flag at half-staff until noon then raise it for the remainder of the day.
Who can order the flag to be flown at half-staff?
Only the president, governor and mayor of the District of Columbia can call for the flag to be flown at half-staff.
Does state law have provisions about flying the flag at half-staff beyond what the federal government requires?
According to SC Code 1-3-470, the governor will order flags on state buildings flown at half-staff on the day of burial or other service as a tribute for any firefighter or law enforcement officer who died in the line of duty. He will request flags over the buildings of all political subdivisions to do the same. Additionally, flags on top of the State Capitol must be lowered to half-staff on the day when funeral services are conducted for members of the United States military services who were residents of South Carolina and who lost their lives in the line of duty while in combat.
Also flags atop state and local public buildings must be flown at half-staff until at least noon on POW/MIA Recognition Day (the third Friday in September) according to Section 53-3-165 of the SC Code of Laws.
The state Budget and Control Board provides email notification of half-staff observances. Subscribe here.
Friday, June 6, 2014
Give us a piece of your mind
By Reba Hull Campbell, Municipal Association Deputy Director
Do you get frustrated when you get an email, publication or letter that wastes your time? It's too long. It takes too long to download. It's overloaded with silly graphics. It's from a source you know never can get to the point.
Research shows people increasingly want information in short digestible bites. The Municipal Association, like every organization charged with sharing information, doesn't want to waste your time sending you stuff you won't read or use.
So we need your help. We need to know what information you want from us and in what format.
Give us a piece of your mind and let us know what the Association can do to better get you the information you need in the format that works best for you.
Just take five minutes and complete our online communication survey (or you can mail or fax us the hard copy you received in the June Uptown this week). That's it. We'll figure it out from there.
And while you are thinking about getting information from us, make sure you read our latest missive - today's From the Dome to Your Home - to get the final results of the state budget debate, new texting ban and items left hanging when the session ended yesterday.
Do you get frustrated when you get an email, publication or letter that wastes your time? It's too long. It takes too long to download. It's overloaded with silly graphics. It's from a source you know never can get to the point.
Research shows people increasingly want information in short digestible bites. The Municipal Association, like every organization charged with sharing information, doesn't want to waste your time sending you stuff you won't read or use.
So we need your help. We need to know what information you want from us and in what format.
Give us a piece of your mind and let us know what the Association can do to better get you the information you need in the format that works best for you.
Just take five minutes and complete our online communication survey (or you can mail or fax us the hard copy you received in the June Uptown this week). That's it. We'll figure it out from there.
And while you are thinking about getting information from us, make sure you read our latest missive - today's From the Dome to Your Home - to get the final results of the state budget debate, new texting ban and items left hanging when the session ended yesterday.
Tuesday, June 3, 2014
New standards on the horizon for reporting post-employment benefits
State and local governments are required to follow accounting practices set forth by the Governmental Accounting Standards Board. GASB is recognized by governments, the accounting industry and capital markets as the official source of Generally Accepted Accounting Principles for government entities.
Periodically, GASB issues new standards intended to make government financial reporting more accountable. Typically, GASB issues exposure drafts leading up to the final approval of new standards to give users the opportunity to comment on the effects of the proposed standards.
Last week, GASB approved two new exposure
drafts related to the financial reporting for other post-employmentbenefits known as OPEB. The concepts in the exposure
drafts for OPEB are similar to the GASB 67 standards for
pensions that were issued earlier this year.
One would apply to entities that provide an OPEB plan administered through a trust such as the South Carolina Other Retirement Benefits Employer Trust. Members of the trust will report the liability net of their accumulated earnings within the trust.
The other would apply to entities that do not participate in such a trust. They would report the total OPEB liability on their financial statements. The drafts will also include new methods to calculate the liability and annual OPEB expense.
GASB is expected to post these exposure drafts on its website in mid-June and will host public hearings in September. In the meantime, GASB has released a helpful Q&A resource.
If you find some of the language and terminology used by GASB confusing, you can find a series of "plain language" documents explaining many of the terms here.
For more information on SCORBET and OPEB contact the Association’s Heather Ricard or Hayes Holland.
Thursday, May 29, 2014
Hurricane Season is Upon Us
Hurricane season hasn’t officially started, but Hurricane Amanda is already churning in the Pacific off of Mexico.
Ever wonder how hurricanes get named? The World Meteorological Organization is responsible for naming hurricanes noting distinctive names are quicker and less subject to error than the older, more cumbersome latitude-longitude identification methods.
This week, it’s appropriate to start thinking about the June 1 start of hurricane season because it’s National Hurricane Awareness Week. And Gov. Haley has declared next week as South Carolina Hurricane Awareness Week. Among other activities, the SC Emergency Management Division (@SCEMD) will engage in a statewide disaster exercise on Tuesday. Plus the state hurricane guide will be released on Sunday.
We, in South Carolina, know how important disaster preparedness should be in every city’s planning process. We also know that disaster preparedness means more than just know evacuation routes. Cities and towns must have a full IT disaster recovery plan to make sure technology resources can quickly be back up and running after a hurricane.
When a disaster strikes, cities that are members of the Association’s property and liability insurance program, the SC Municipal Insurance and Risk Financing Fund, have access to an online disaster recovery planning program. This program gets needed resources into place quickly after a disaster and, perhaps more importantly, assists members with the often-neglected process of pre-planning.
In a training session for city communications staff last December, Derrec Becker with the SCEMD gave a presentation on the role the agency plays in a state emergency.
Becker has long been a popular speaker with municipal leaders, and he will be presenting a breakout session t the Annual Meeting on the topic of disaster planning. As well, Becker will be speaking at the June 19 communications training workshop that will look at how cities responded to the winter storm disaster this year.
Take a look at all the disaster preparedness resources available from the Municipal Association here.
Tweet #hurricaneprep to share FEMA's hurricane preparedness video and inland flooding video.
Ever wonder how hurricanes get named? The World Meteorological Organization is responsible for naming hurricanes noting distinctive names are quicker and less subject to error than the older, more cumbersome latitude-longitude identification methods.
This week, it’s appropriate to start thinking about the June 1 start of hurricane season because it’s National Hurricane Awareness Week. And Gov. Haley has declared next week as South Carolina Hurricane Awareness Week. Among other activities, the SC Emergency Management Division (@SCEMD) will engage in a statewide disaster exercise on Tuesday. Plus the state hurricane guide will be released on Sunday.
We, in South Carolina, know how important disaster preparedness should be in every city’s planning process. We also know that disaster preparedness means more than just know evacuation routes. Cities and towns must have a full IT disaster recovery plan to make sure technology resources can quickly be back up and running after a hurricane.
When a disaster strikes, cities that are members of the Association’s property and liability insurance program, the SC Municipal Insurance and Risk Financing Fund, have access to an online disaster recovery planning program. This program gets needed resources into place quickly after a disaster and, perhaps more importantly, assists members with the often-neglected process of pre-planning.
In a training session for city communications staff last December, Derrec Becker with the SCEMD gave a presentation on the role the agency plays in a state emergency.
Becker has long been a popular speaker with municipal leaders, and he will be presenting a breakout session t the Annual Meeting on the topic of disaster planning. As well, Becker will be speaking at the June 19 communications training workshop that will look at how cities responded to the winter storm disaster this year.
Take a look at all the disaster preparedness resources available from the Municipal Association here.
Tweet #hurricaneprep to share FEMA's hurricane preparedness video and inland flooding video.
Tuesday, May 27, 2014
Countdown to the Annual Meeting - 44 Days!
Plans for the 2014 Municipal Association Annual Meeting in Charleston are well underway, and July 10 will be here before we know it. Charleston always offers lots of learning lab opportunities, and this year is no different.
The meeting registration and hotel reservation process for municipal officials takes place May 28 and 29 through an appointment process with timing determined by a random drawing last week. This process ensures fair access to room assignments and ticketed events.
Also on Friday morning, Commerce Secretary Bobby Hitt will lead a lively conversation with a panel of South Carolina entrepreneurs. They will discuss what’s happening
around the state to meet the Department’s innovation goals and what city leaders can do to make their cities “entrepreneur ready” so people can easily start
a company, stay here and grow their business.
There are two great preconference sessions planned for Thursday, July 10. Last year's mobile workshop visiting two nearby cities during the Greenville Annual Meeting was such a success, we've planned a mobile session this year to visit Mt. Pleasant. Officials will be able to hear first-hand about the town's waterfront park, business corridor improvement project and highly acclaimed business incubator. Leaders from cities of all sizes will take away useful information they can apply in their own communities.
The second preconference session will focus on "The Art of Persuasion." Led by nationally acclaimed trainer Michelle Poche Flaherty, the session will teach strategies officials can use in their work to help their cities adapt to change and build consensus. Flaherty works with officials and chief executives from all levels of government and is familiar with the unique challenges government leaders face.
Municipal officials can register for these preconference sessions during the registration appointments on May 28 and 29.
This year's meeting will mark the last time the conference will be in Charleston during Mayor Joe Riley's tenure. He will open the Annual Meeting on Friday, July 11, with the keynote address that will look back over his 38 years as mayor. Riley will share his experiences along with the challenges and opportunities he sees for our cities and towns in the coming years.
There are two great preconference sessions planned for Thursday, July 10. Last year's mobile workshop visiting two nearby cities during the Greenville Annual Meeting was such a success, we've planned a mobile session this year to visit Mt. Pleasant. Officials will be able to hear first-hand about the town's waterfront park, business corridor improvement project and highly acclaimed business incubator. Leaders from cities of all sizes will take away useful information they can apply in their own communities.
The second preconference session will focus on "The Art of Persuasion." Led by nationally acclaimed trainer Michelle Poche Flaherty, the session will teach strategies officials can use in their work to help their cities adapt to change and build consensus. Flaherty works with officials and chief executives from all levels of government and is familiar with the unique challenges government leaders face.
Municipal officials can register for these preconference sessions during the registration appointments on May 28 and 29.
Friday, May 23, 2014
Weekly Rewind
Only six legislative days remain in this year's session so the state budget and other priority legislation will take center stage the next two weeks. Read more in today's From the Dome to Your Home.
Fifteen South Carolina mayors took a road trip to Fort Mill and Rock Hill this week and learned lots about sports tourism, exploding growth and strategic planning. Yesterday's blog post and news articles from the Rock Hill Herald and WRHI radio tell the story.
Things are gearing up for the Municipal Association's Annual Meeting in Charleston July 10 - 13. Municipal officials will be registering on May 28 and 29 using appointments assigned this week through a random drawing.
Lots of great sessions are planned for the Annual Meeting including a keynote address by Charleston Mayor Joe Riley at the opening session on Friday, July 11. This will be the Association's last Annual Meeting in Charleston while Riley is mayor.
Also on Friday morning, Commerce Secretary Bobby Hitt will lead a conversation with a panel of entrepreneurs who will discuss what city leaders need to do to ensure their community is "entrepreneur ready."
A diverse line-up of other topics for the Annual Meeting include tips for getting your city grant ready, combatting gang activity, disaster preparedness, regional collaboration, ethics reporting and federal flood insurance.
Fifteen South Carolina mayors took a road trip to Fort Mill and Rock Hill this week and learned lots about sports tourism, exploding growth and strategic planning. Yesterday's blog post and news articles from the Rock Hill Herald and WRHI radio tell the story.
Things are gearing up for the Municipal Association's Annual Meeting in Charleston July 10 - 13. Municipal officials will be registering on May 28 and 29 using appointments assigned this week through a random drawing.Lots of great sessions are planned for the Annual Meeting including a keynote address by Charleston Mayor Joe Riley at the opening session on Friday, July 11. This will be the Association's last Annual Meeting in Charleston while Riley is mayor.
Also on Friday morning, Commerce Secretary Bobby Hitt will lead a conversation with a panel of entrepreneurs who will discuss what city leaders need to do to ensure their community is "entrepreneur ready."
A diverse line-up of other topics for the Annual Meeting include tips for getting your city grant ready, combatting gang activity, disaster preparedness, regional collaboration, ethics reporting and federal flood insurance.
Thursday, May 22, 2014
On the road with 15 SC mayors
What a great day in Rock
Hill and Fort Mill!
Fifteen mayors spent the day touring these two cities learning from local successes and challenges. In this rapidly growing pocket of the state, these two cities are doing a great job of managing explosive growth while also looking to the future.
Mayors from cities as diverse as Newberry and Johnston to Isle of Palms and Clinton learned about Fort Mill’s downtown redevelopment plans and tourism promotion through its Strawberry Festival.
While visiting downtown, Fort Mill Mayor Danny Funderburk
emphasized two elements that were critical to redevelopment in the town – parks
and parking. Funderburk noted that Fort Mill is the third fastest growing city
in the state with today’s population of 10,000 expected to triple by 2030.
Fort Mill’s planning director, Joe Cronin, encouraged the mayors to take a close look at their city’s zoning ordinance to make sure nothing gets in the way of progress. He and the mayor both stressed the importance of strategic planning and staying on top of updating and managing the plan.
Mayors moved on to Rock Hill where they got a virtual tour of the city by Mayor Doug Echols over lunch at the city’s flagship park, Manchester Meadows. He described the city’s focus on its downtown Knowledge Park and its sports tourism efforts. Last year, the city sponsored 28 sports tourism events that resulted in more than $8.2 million in economic impact, Echols said. The mayors got to visit the city’s velodrome and toured the BMX facility under construction nearby.
The best part of the day, the mayors agreed, was the chance for them to share ideas during the bus ride between tour stops. Conversations on the bus ranged from the benefits of LED lighting to purchasing police cars.
The chance to learn from other mayors was great, said Johnston Mayor Terrence Culbreth, the most recently elected mayor in the group. “We need to do this more often,” said Lake City Mayor Lovith Anderson.
Check out the Association’s Twitter feed to get more details and see photos about the tour stops.
Fifteen mayors spent the day touring these two cities learning from local successes and challenges. In this rapidly growing pocket of the state, these two cities are doing a great job of managing explosive growth while also looking to the future.
Mayors from cities as diverse as Newberry and Johnston to Isle of Palms and Clinton learned about Fort Mill’s downtown redevelopment plans and tourism promotion through its Strawberry Festival.
While visiting downtown, Fort Mill Mayor Danny Funderburk
emphasized two elements that were critical to redevelopment in the town – parks
and parking. Funderburk noted that Fort Mill is the third fastest growing city
in the state with today’s population of 10,000 expected to triple by 2030.Fort Mill’s planning director, Joe Cronin, encouraged the mayors to take a close look at their city’s zoning ordinance to make sure nothing gets in the way of progress. He and the mayor both stressed the importance of strategic planning and staying on top of updating and managing the plan.
Mayors moved on to Rock Hill where they got a virtual tour of the city by Mayor Doug Echols over lunch at the city’s flagship park, Manchester Meadows. He described the city’s focus on its downtown Knowledge Park and its sports tourism efforts. Last year, the city sponsored 28 sports tourism events that resulted in more than $8.2 million in economic impact, Echols said. The mayors got to visit the city’s velodrome and toured the BMX facility under construction nearby.
The best part of the day, the mayors agreed, was the chance for them to share ideas during the bus ride between tour stops. Conversations on the bus ranged from the benefits of LED lighting to purchasing police cars.
The chance to learn from other mayors was great, said Johnston Mayor Terrence Culbreth, the most recently elected mayor in the group. “We need to do this more often,” said Lake City Mayor Lovith Anderson.
Check out the Association’s Twitter feed to get more details and see photos about the tour stops.