Finance Committee (Meets 4th Tuesday of each month at 4:30 p.m.)
Regular MeetingSuperior, WI · July 12, 2022
Minutes
Special Finance Committee Proceedings
City of Superior
July 12, 2022
Members Present: Jack Sweeney, Tylor Elm, and Mike Herrick
Staff Present: Deb Kamunen, Cammi Janigo, Frog Prell, Shana Ross, Nicholas
Alexander,
Others Present: Bob St. Arnold, Alanna Soukkala, John Dirkse, Dave Kodel, Rhonda
Nikunen, Matt Becker, Darrel Zaleski, Ben Hoverson, Denise
Kawczynski, and Joe Stariha
Members Excused: Jenny Van Sickle
Jack Sweeney called the meeting to order at 4:30 pm with a quorum present. Attendance was
done by sign in and virtual meeting.
1. Held in Committee from June 9, 2022: Request for waiver of sewage fees – Head of
the Lakes Management Group (Gondik Law Speedway).
Jack Sweeney asked City Attorney Frog Prell if the County is the customer in this case.
Prell stated the consumer of the water is on county property and the property is in the
county name. Prell does believe there is a management agreement between the two
entities and Head of the Lakes is the entity under the contract is responsible for tending to
the day to day management of the property which included, he believes, the handling and
payment of the sewer bills.
Sweeney stated Tylor Elm had information that there is a one year limit on filing a claim.
Sweeney stated he did not believe it was in an ordinance. Prell stated he did not see it in
an ordinance and would defer to Shana Ross. Ross stated she does not believe that it
stated it in an ordinance, but it did state the limit on the form. Prell indicated the form
states that it would only go back one year. A question and answer period followed.
Motion was made by Tylor Elm, seconded by Mike Herrick and carried to deny due to
the enforcement of the curfew on filing a claim.
2. Review of Liability and Work Comp Insurance Proposals from the League of
Wisconsin Municipalities/Spectrum Insurance Group and Community Insurance
Corporation/Travelers/Marsh & McLellan Agency with a comparison from the current
carrier, Cities and Villages Mutual Insurance Company, and selection of the insurance
carrier for the 2023 Liability and Work Comp Insurance for the City of Superior.
Sweeney stated he had two questions for each of the representatives from each of the
three insurance groups as they were all represented here and to be fair, the questions
would be answered round robin.
Sweeney’s first question he had was with workman’s comp - why is everything attached
with the liability insurance? Sweeney stated workman’s comp is its own separate and
unique insurance and why attach them together, which all three companies did. Matt
Becker of the League of Wisconsin Municipalities stated it is more cohesive when they
are attached together because you get better terms when you do. Becker stated
workman’s comp is generally thought of as the riskier so some are not comfortable only
quoting it stand alone. Sweeney asked is there a law or statute that says they have to and
it is the practice of the company. Becker responded that it was generally good practice.
Bob St. Arnold of Marsh & McLellan stated it was the carrier’s underwriting preference
and there are some insurances that will write stand alone worker’s comp insurance, but
the carriers they approached which offered the most competitive liability, auto and
property program required the purchase of worker’s compensation as well. Dave Kodel,
Cities and Villages Mutual Insurance Company (CVMIC) Interim CEO, stated it was not
a requirement for them to take the workman’s comp as they split it out. Sweeney stated it
was packaged as such. Kodel stated most of their members have it as a coverage with
them, but it is not a requirement that they do.
Sweeney stated the second question is self-insured versus not self-insured and asked for
the pros and cons. St. Arnold stated the pro in looking at the historical loss experience
for the City at $450,000.00 to $500,000.00 dollars of guaranteed cost premium, when you
look at your actual incurred claims over that seven year time period in which they were
given claims data, in an average year, it is about an $180,000 loss pick and when you
averaged out the claim losses, this is what we calculated it to be - a historical $180,000
loss pick and when you look at the cost of the City paying your own claims from zero to
$100,000.00 that’s the risk the City will assume with their proposal and the cost of
paying the excess insurance and the administration, you end up on the right side of the
math more often than not to the tune of about on average $120,000 in savings a year if
you look to self-fund your work comp. St. Arnold stated the City has proven they can
outperform a guaranteed cost plan. St. Arnold also stated the con is that in a seven year
time period the City could have a blow up year where the City could end up paying more
than a guaranteed cost program with a dividend like you have right now. But when they
looked at your performance, the City outperformed the guaranteed cost marketplace and
you become the master of your own destiny, just like you do on the group health plan that
Marsh & McLellan helps manage. St. Arnold stated you have performed very well on
that and you are taking on $100,000 of risk on a medical claim that is much more volatile
than work place injuries. St. Arnold stated that would be his answer as you would be
using the law of large numbers to your benefit and, basically by self-funding, you end up
saving money.
Sweeney asked St. Arnold for a negative of going self-funding, if there was one. St.
Arnold stated that a negative would be if you would like to live in a world of where your
cost is identifiable and budgetable and you know it is at the beginning of the year, then
the guaranteed cost is the way to go. St. Arnold stated that even with your current
program, you don’t know what you are going to get as a dividend, but the go in price and
your go in mod rate is guaranteed.
Darrel Zaleski, Spectrum Insurance, stated that it comes down to risk tolerance and you
have to decide if you think you are going to do better than what the State of Wisconsin
thinks you are going to do or the WCRB, who sets the charge for each code. Zaleski also
stated that if you think you are going to do better than what the state says, than that is a
good option for you, but again, it is risk tolerance level as you will not know the ultimate
cost each year and you could have a bad year.
Tylor Elm stated that at the end of the agenda there are a number of department heads
weighing in on the relationship with CVMIC and the value of that and obviously there is
a history, but with these new folks, do they not have these resources. Elm asked can you
call these folks up with these things that you have come to enjoy with CVMIC, but he is
curious and would like hear from them if they have the same resources to be fair to the
other folks. Sweeney asked before we call on them, how long has the City been with
CVMIC? Kodel responded that the City is an original member with CVMIC and have
been with them for thirty-five years. Kodel also pointed out that the City is also a
member. They are a mutual member owned organization and the City has equity as well.
Sweeney stated is was thirty-five years continually. Kodel stated correct and the City
was one of the original municipalities who helped formulate CVMIC. Cammi Janigo
stated that she did not think the City had work comp that long. Kodel stated that they
started work comp in 1998. Sweeney indicated the City has had work comp for twenty-
four years then. Sweeney asked when you state that the City is an owner, does that
indicate there are any assets on your books or on ours that we are holding? Kodel
responded that the City currently holds assets of just about $700,000 from being a
member of CVMIC. Sweeney asked, if the City were to leave CVMIC what would
happen to the assets? Kodel responded that the City would forfeit the assets. Sweeney
asked why would the City forfeit the assets? Kodel responded that the only time assets
are paid out is if the organization would dissolve.
Sweeney wanted to talk about the company the City is currently with for thirty-five years
and twenty-four with work comp and obviously you see some benefits there. Sweeney
would also like to talk about the service level of the current company. Sweeney stated he
is not stating in any way the other two do not have equal service, but stated that the City
is familiar with this company and asked to speak to that.
Janigo said she would start. She is the Human Resources Director for the City of
Superior and her dealings with CVMIC is more the work comp side of it as well as
employment practices, liability and training in person and thanks to COVID, beefed up
virtual training. Janigo stated that we developed a personal relationship with CVMIC as
the City has been with CVMIC so long. Janigo stated one of the major things that she is
concerned about is if we separate from CVMIC, we are not only losing a known
commodity, as we know what they do for us, rather than a company telling us what they
can do for us. Janigo stated CVMIC provides to its members a NEOGOV suite, which is
a governmental software, and we have three modules of it. Janigo stated that we have a
recruitment module, which is an on line application system. We have a learn module
which has all the training that is available to us, either live or webinars. And we have
onboarding, which we spent two years building and is close to implementation and that
onboarding is the new hires doing all of their paperwork online. Janigo reached out to
NEOGOV and asked for the cost if separating from CVMIC. Janigo stated the first year
would be $14,600, the second year would be $26,000 and the third year would be
$37,000 and, in order to continue with it, that is a cost that we would anticipate.
Sweeney asked if there was anyone else. City Attorney, Frog Prell stated that he could
speak to some experience with CVMIC and this certainly isn’t to suggest that other
companies do not have similar products or opportunities to provide similar services, but
as the City’s Attorney, he handles and gets involved in all things liability, whether it is a
suggestion or allegation that we destroyed a mailbox while pursuing a snowplowing
endeavor or unlawfully took a life during an arrest in which might be captioned or
couched as a civil rights violation. Prell stated that we have a claims committee process
through which we handle written claims for damages pursued against the City and his
office is ground zero for receiving and processing those claims. Prell states he involves a
representative from CVMIC in the research and analysis of each and every claim that he
then presents to the Claims Committee for their analysis and their ultimate position. Prell
stated he does not have claim decision making power when it comes to claims against the
City nor does CVMIC, but they do team up on a regular basis and jointly present what we
deem or what we interpret to be our legal liability for the claim to be, and, conversely,
what we determine our defenses to be. Prell stated that they assist in research and history
and they also participate in the presentation of those claims to the Committee on a
monthly basis and CVMIC offers their opinion alongside his to the Committee, as
requested, so when they go in closed session, they have the background and the benefit of
his analysis as well as CVMIC’s to go into that decision-making process.
Prell stated he knows that they keep their eye out for anything and everything that results
in news which could be interesting from their standpoint, and, from our standpoint, when
it comes to catastrophes. Prell states that when there is an incident which results in a loss
of life or serious personal injury that could be traced in any way to city involvement, they
almost certainly reach out to us for dialogue on to address public relations steps to take
and things to do if it sets up for a repeat issue and things to do so it doesn’t happen again.
Prell stated that a CVMIC representative reached out to him this past winter when the
City had such an incident, and invited him be in touch with them as much as he wanted to
regarding how to handle the issue going forward.
Prell stated to correct him if he botches this, but he doesn’t know if it’s accurate to say
this, but they have access to a panel of attorneys that are experts in all areas of law that
could impact a municipality employment liability, civil rights, and damage to property.
Prell stated their longstanding relationships with litigation experts have a historical
familiarity with the kinds of catastrophes that often visit municipalities, cities, villages
and towns.
Prell states that when he reaches out to CVMIC reps with a question that might be a head
scratcher to them as much as it is to him, they get him in touch with a legal expert of their
choice, and within a few hours he is hearing back from someone that might have a deeper
depth of experience and knowledge which might help him navigate the steps needed to
survive the critical incident.
Prell also stated that he knows from day-to-day that they bring training to us. Prell stated
that he and Cammi meet with them at least annually and they will physically visit our
properties. Prell stated that they will go to our municipal garage and tell us if our eye-
washing stations are located in the optimal places and are set up to do what they are
supposed to do. Prell stated that they will visit our playground and parks facilities with
our playground and park staff and they will measure the lips on the edge of the slide and
they will tell us if these are the norms for that apparatus, or, conversely, recommend
replacement. Prell stated that this is one element of the service that they routinely
provide for us.
Sweeney asked if there was anyone else. Police Chief Nicholas Alexander stated he
would like to speak. Multiple times annually, he utilizes the legal services that are
provided through CVMIC, whether it is on a labor law dealing with a disciplinary matter
or internal investigation, or, critical incidents that expose the City to liability whether it
might be an accident or use of force incident or a civil rights claim. Alexander stated
CVMIC has been extremely responsive as most of their attorneys have provided their
direct lines, so he speaks to them very freely on his own. Alexander stated they also
seem to have a specialized core for the law enforcement side of municipalities.
Alexander stated CVMIC has dedicated people which work on the loss prevention side
and best practices in law enforcement and offer services such as policy review.
Alexander stated that police departments have a pretty substantial book of policies and
general orders that need to meet a variety of standards to include: local ordinances, state
law, federal law, and case law that might change or alter best practice. Alexander stated
that they have staff on board that essentially monitors that live, so when a new court case
passes the supreme court or appellate court or whatever court that might be that impacts
our operations, we almost immediately get notified of that, and along with that, a
recommendation on how to proceed if that path is not clear, and in the meantime, what
we need to do going forward.
Alexander stated that in terms of officer wellness, which is something that is important to
police chiefs and police departments, they have been pretty influential in establishing
peer support programs within the police departments for the agencies that they represent.
Alexander stated that they have their own specialized EAP program, outside of the
standard city’s employee assistance program, as they recognize that public safety
employees are oftentimes hesitate to use those services, so they vetted out specialists that
have specific experience working in law enforcement and fire and so on to fulfill those
roles in EAP.
Alexander stated that was it in a nutshell and said that obviously Cammi talked about the
online portal and these other companies have it too. Alexanders stated that he uses
annually probably a couple of hours of training per officer as he has to train twenty-four
hours per officer per year. Alexander stated that there are different modules in their
system that at least help him provide some of that requirement.
Sweeney asked if there were anyone else. Sweeney stated that both had heard the
presentation and asked that he would like their comments on that. Sweeney asked those
present that the company they represent - would they provide or do they offer these
services.
Becker stated he loves these comments, but what you have is engaged staff and that they
have been doing insurance just as long as everyone in the room has – since the eighties,
and there are programs like ours in every state, and every municipal insurance company
is of the same mindset – service resource intensive, HR, law enforcement, expert
attorneys and that these are not new to the world as everyone has them. Becker stated
that he like to see if they are engaged and that they have a whole breadth of resources.
Becker states that he likes to look at what is important to the city. Becker stated that it is
almost impossible to engage in everything under the sun, but what is important and what
is cost effective for us. Becker stated that an insurance program is services, resources for
sure, but it is also cost, coverage and all the things tied together, and if you don’t have
something, is it short somewhere and this is the analysis I would go around with some of
the companies being different, but it really is the mindset as everyone is member-focused.
St. Arnold stated that he thought it was important to engage with a carrier that has
experience writing governmental risk in Wisconsin, and that is why they partnered with
Community Insurance Company, as they provide coverage to Douglas County, and this
isn’t their first rodeo as they know the municipal space. St. Arnold stated there are a lot
of the concerns when you are talking about upsetting a thirty-five year-old relationship,
and he gets that as he understands and appreciates that. St. Arnold stated when
partnering with the carrier on a claim basis, and asked John Dirkse to speak to that and
how Community Insurance Corporation handles the claims side of the concerns that were
brought up.
Dirkse said he didn’t see or knew who actually said it, but said there is member-focus
which comes from thirty-five years of their providing those types of services to their
members in hopes of providing risk management, HR and every day normal litigation
support. Dirkse stated that those are part and parcel to all of their operations, and each
one addresses those things a little bit differently, and he believes, in part, that they do it
with the same goals in mind. Dirkse stated that they do communicate directly with the
insureds. Dirkse stated they do spend a great deal of time with their panel attorneys and
their member owners and interested individuals from other entities outside of the
ownership and that all participate in the claims process. Dirkse stated that he could go in
great detail of what they have in terms of litigation support, before an incident becomes a
claim, and we spend a deal of time in that process. Dirkse stated that at the end of the
day, what they want to do is to reach out, grab whose ever hand we can grab, and walk
them through the process, for not only for the benefit of the insured, but the benefit of the
insurance company as well, because at the end of the day, we are all sharing risk and we
are all operating, and, actually, if he looks at all the companies at the table, we are all
operating with the same unique set of laws in statute and in practice. Dirkse stated that
yes, they do a great deal of that, and he likes to believe, and again, he can’t speak for the
chairs of some of my counterparts in the room or joining us virtually, but they do tend to
get involved very early in the claims process. Dirkse stated that about eighty-five percent
of the time with that early intervention, they avoid litigation, and, in the fifteen percent of
the time that they do see litigation come to us, they have already helped our insured and
us prepare a defense. Dirkse stated that, in a nutshell, is a very high level of the kind of
interaction with have with each and every one of our members.
St. Arnold stated that if you select Community Insurance Corp and Marsh, they are going
to lean on the Community Insurance Corp for the police, fire, and the municipal risk as
that is their expertise, but they are going to bolt on our local loss team to do things from a
work comp perspective – slips, trips and falls. St. Arnold stated that some of the things
that are not necessarily unique to municipalities, but we think the combination of our
local presence, what they can deliver here in the Twin Ports and along with Community
Insurance Corp and their municipal expertise, he is not going to say things will be exactly
the same as CVMIC. St. Arnold stated that no one can come in here and say that. St.
Arnold stated that there will be differences that you will have to get used to, but he is
very confident that they have a strong service value proposition and he thinks that the
insurance that they designed, if we can have some time, we can talk about the differences
of the self-funded work comp program with them, gives you some of the protections that
we don’t see in some of the proposals, and how our liability retention is lower than
CVMIC. St. Arnold stated that he believes they have quoted a very financially
responsible program that can stand the test of time and can save some very significant
dollars. St. Arnold stated he knows this is not part of the question, but, for example, on
the property program, with a $5,000 deductible, you have $165,000,000 worth of
buildings, and if we were to come with their program, there is $38,000 of savings by
taking that $5,000 deductible to $50,000. St. Arnold stated that it might scare you, but
over a seven year time period, you will save close to $270,000 of premium savings, but
you would be funding over that seven year time period, about $150,000. St. Arnold
stated that you would end up $120,000 ahead by taking a higher risk and he thinks that
the City is over-insured on the property. St. Arnold stated there are some protections that
they have built in the work comp program, even though the City would be self-funded if
you decide to go that path, and he thinks that they have a good liability program per claim
and an aggregate that is lower than CVMIC. St. Arnold stated that he thinks that should
be part of the City’s decision making criteria when you are looking at this.
Alanna Soukkala asked to speak. Soukkala stated that it sounded to her that the services
that you used to, everybody has a platform to do those things, but Bob has touched about
herself and the services that her team provides, and she likes to think of herself as an
extension of her client’s team. Soukkala stated that oftentimes, they will not opt to hire
additional safety staff or safety staff at all, and that becomes the consultant, her
responsibility. Soukkala stated that she is really looking forward to learning the
employees here, having them having her cell phone, being the person that they call,
services maybe that municipality providers are not used to, have the expertise in house
like chainsaw safety, confined space, or other industry type things like excavating that is
in her wheelhouse. Soukkala stated that the City would get the best of both worlds,
which the City is used to, plus some occupational industry exposure assistance as well.
Sweeney stated that he thinks that as Councilors, as Finance Committee Members, for the
taxpayers, we have a responsibility to go out to the market. Sweeney stated that he
understands you develop relationships, but on the other hand, our responsibility is to look
at the market and to find out what is available to us and what we are not getting now.
Sweeney stated that he believes we have to and we are not doing our due diligence and
we are certainly not doing best practice for holding on to one for twenty-seven or thirty-
five years, even though I assume it is a mutual employee owned or company owned, but
we did it with our health insurance and we did it with other things. Sweeney stated that it
is work and it is change. Sweeney stated that people do not like change and he doesn’t
mind change, but he understands that people get comfortable and develop friendships, but
friendships can be a double edged sword. Sweeney stated you have a friendship and you
know how they think and you know what they want to hear, but on the other hand, he
thinks that we must go to the market and test the market and see. Sweeney stated that it
is not to say that A, B or C Company won’t come out where we are, but it is our
responsibility. Sweeney stated that the City Council will then take our recommendation,
and if it so goes that way, they will make a decision. Sweeney stated that it our
responsibility to do our homework and get the best bang for the buck, plus the service.
Sweeney stated that it is a value issue, and that cost and quality equals value, and this is
what we are after. Sweeney stated that these two things go together, and it is not just
price, but quality too.
Sweeney asked if anyone else had anything to say. Zaleski stated that you have some
great programs existing now, and Matt and he would laugh at this, but the programs we
offer to the four hundred fifty municipalities that they insure, they can’t get them to
engage like you do at the City. Zaleski stated that they have a whole platform of
wonderful services and they are begging municipalities to utilize them. Zaleski stated
that first of all, it is great to hear that the City is utilizing all of the services that are
available from CVMIC. Zaleski stated that if you have to talk about what the City’s
ultimate objective is here, and we got into the game a little bit late in the whole process
from the League’s standpoint, but I think it was first you thought from the work comp
standpoint that you would do better on your own self-insured on a self-funded workers
comp plan. Zaleski stated that it was the overriding opinion that you formed with Ashley
that the City thinks they can do better, and we think you can. Sweeney responded right.
Zaleski stated that one of the things we offer is a low retention initially of $50,000, which
is kind of a dip your toe in the self-insured world, which gives you quite a bit of
protection, and we also have the $100,000 retention. Zaleski stated that the City has to
decide. Zaleski stated first of all, is that the route you want to go as a City. Zaleski
stated do you want to be self-funded on your worker’s comp, and if that answer is yes,
then what are the options and what are the financial requirements. Zaleski stated that he
thinks CVMIC has $500,000 retention. Zaleski stated that he thinks Bob has a $100,000
with CIC. Zaleski stated that they have a $50,000 and a $100,000 option. Zaleski said
the City has to decide what route do you want to go and how much risk you want to take.
Zaleski said the services will come and the services are there. Zaleski stated that this is
formed for strictly municipal governments, cities and villages and that is all the League
insures, from large cities to cities with a population of one hundred, so we would provide
very similar services for the most part, but not exact as mentioned.
St. Arnold stated that part of the evaluation is understanding how much top end risk the
City would like to sign up for, and do we have aggregate protection if we had multiple
fatalities of police officers or fire or even a car accident with multiple people who are
seriously injured, and can we cap that risk. St. Arnold stated that they did that with not
only the per claim retention of a $100,000, but the aggregate on the work comp the City
is signing up for, an aggregate of $500,000 of aggregate protection. St. Arnold stated that
they don’t see that aggregate on the CVMIC proposal or at least they didn’t see it on the
proposal or the packet that was provided by the League, so we like to think that it never
happened before, well, it never happened in Illinois or it never happened in Texas. St.
Arnold stated that we are living in a different world now, and he thinks that’s a gamble
that if you have these three proposals in front of you, this is a very responsible way of
getting in that handles that catastrophic event, not only on the work comp, but also on the
general liability. St. Arnold stated that you have signed up for $300,000 of liability risk
in the aggregate with CVMIC, but with CIC it is $150,000, so you have a lower threshold
as well. St. Arnold stated that they ran the numbers, and seven out of ten times, you are
going to end up on the right side of the work comp equation, and you just are. St. Arnold
stated that before you go in, that Darrel made a good point, that you should evaluate your
risk tolerance, and I would never buy the product without the aggregate protection.
Soukkala stated that she has a final comment. Soukkala stated that she failed to mention
that she resides in Carlton, Minnesota, so when there is an incident that needs to be
reviewed, or you got somebody who has something set up and they want someone to put
their eyes on it with safety focus, I am twenty-five minutes away and I feel that might be
a service that is hard to beat.
Sweeney stated that obviously we have some work to do, we are not making a decision
today, and we are not going to vote right now as we have some work to do. Sweeney
stated that when he says “we,” it is a collective noun for the Finance Department, but we
will put it together and, hopefully, it will take us awhile to go through this.
Sweeney asked if any of the three groups have a final word. St. Arnold stated that if we
decide to go down this path, and time is of the essence as you do have to file for
permission to self-fund with the State of Wisconsin. St. Arnold stated that it really is a
formality. St. Arnold stated that they will approve it because you are a governmental
authority with unlimited taxing authority. St. Arnold stated that you will be approved,
but you want to do that. St. Arnold stated that you got your renewal with CVMIC
coming up on October 7th so we anticipated an October 7th start date for all policies. St.
Arnold stated that they are flexible on that to some degree. Sweeney responded that he
doesn’t think we can get it done. St. Arnold stated that they kicked the tires on this for a
year and a half and they are ready to go to work.
Sweeney stated that obviously this is a big responsibility for the three of us and for the
City Council and the Mayor, so we want to do it right. Sweeney said like I say, it is an
evaluation and it is a risk tolerance too. Sweeny stated that his risk tolerance may be
different than everyone else’s, so we have to come to the meeting of the minds. St.
Arnold stated that they were invited to the process a year and a half ago. St. Arnold
stated that their fundamental tenet at Marsh is - we do what we say we are going to do.
St. Arnold stated that if we don’t, we won’t last very long. St. Arnold stated that he
thinks we have shown we did that during the first three years of handling the City’s
employee benefit programs. St. Arnold stated that he has very high confidence factor in
Community Insurance Corporation as well as Alanna and our employer services team,
but we know you got to look under the hood here. St. Arnold stated that they understand
that, and bring on the questions and let’s vet this so there are no surprises and you know
what you are getting.
Zaleski stated that is what he would recommend, and they haven’t really presented
anything to you, and you haven’t even looked under the hood yet. Zaleski stated that
they would welcome another chance to give a full proposal. Sweeney stated we may
have questions that we don’t even know what the questions are yet and maybe we know
the answers to the questions, but what bothers me is that I don’t know the right questions
to ask, but we will get there.
Becker stated that one thing on work comp and one on the liability, just to prep the
questions in the future, is that on the work comp, when you are talking about going self-
funded, you are looking at all three companies and trying to determine who is going to
help you manage that cost of yours and your claims the best, whether before a claims
happens and what people do, and after a claims happens, and there is a lot that needs
explaining which would help in this area. Becker stated that with the liability side, it is
not just we carry liability. Becker said that if you dig into things, there is a lot of things
that you have now that aren’t covered. Becker said that you can see it on the ten year loss
history that they just got, you can sort eighty some claims that are not covered, so that’s
an indirect cost that you have that is hard to account for, and maybe you have some
tracking internally on that, and also, with one of our two companies, we would be
handling the claims within the retention,so right now your office is dedicated the time,
resources and everything to handling the claims on your own. Becker said that is why
they exist as an insurance company as they handle claims all day long and their people do
that, they have the systems to do that and the relationships. Becker said there are soft
costs that are not small.
Sweeney stated that we understand that the three groups are trying to sell something to us
obviously, and they all have their sales hats on, and he understands that, but that is why
we have to take our time and dig in, and what they tell us has some credibility, and we
can back it up with some form of facts, whether it is other customers you have or talking
to some other experts or whatever it is. Sweeney said that the thing is, we are not going
to do this every year, and we are not looking to change it next year or the year after.
Sweeney stated that he hopes that we are not going to stay with whoever for the next
twenty-eight years, but that is his opinion, as that is not the way we ought to do business.
Sweeney stated that we will make a longer term commitment and we will figure it out
between the three of them and will make a recommendation to the Council. Sweeney
stated that is where they are and asked if anyone wanted to say anything.
Elm said he wanted to go back to our staff that are here. Elm said clearly they value the
current provider for the reasons given, and there certainly the relationships that are there
and the engagement. Elm said he is guessing there is a response time with just a phone
call. Elm asked that if we switch, do you have trouble with engagement, is there a 1-800
number, is it difficult to get engaged to do that, so clearly, that are the concerns he is
getting from the staff and asked how can you set that at ease. Elm said that Frog had
mentioned the going on site and the professional assessing the garage or the parks and so
on. Elm asked how do we know that we are getting that value, as you can always focus
on the dollars, but are we going to have to end up paying on something else, and how do
we know switching to one of the other alternative folks, that clearly our rating is so well,
that working with CVMIC, they have helped get up to that rating with the training and
with the relationships that were there, and he would like to get a better grasp. Elm said
that he knows that you are selling yourselves that you can do that, but in reality, are you
measuring the slides and are you going down to the garage and do you have something
comparable to that, other than a 1-800 phone number. Elm said he doesn’t want to pick
on them too much, but how can they solidify that they can actually do that.
St. Arnold stated that we’ve planted a stake in the ground in Duluth, Minnesota and we
have fifty staff in Duluth and twenty-five on the Range. St. Arnold said we have made a
financial investment in this area to do exactly what you described. St. Arnold said we are
out and have created that kind of engagement on site with many of our customers. St.
Arnold said could I say that I could deliver that in Omaha, Nebraska or in some area that
Marsh does not have a presence, no, but we have a very strong presence in this area.
St. Arnold said that he liked Darrel’s suggestion and you should look under the hood at
the League. St. Arnold stated that they should have an opportunity to present their case
and look at all their value adds. St. Arnold said he is more than willing to have John
come back up along with Alana and have a separate meeting, so that you see the value
adds from our organization, but I know when you look at how we structured the risk and
what the potential savings are that are involved, this is a rock solid proposal from that
risk tolerance perspective that you should be evaluating and the cost, but yes, they should
have their day in court. St. Arnold said that I havd one day, but I will do another, and
John and his team will come up. St. Arnold said that there isn’t a better testimonial than
Douglas County as they have been Community Insurance Corporation’s client for a very
long period of time and they delivered there.
Sweeney asked if there was anyone else. Soukkala responded by saying that sometimes
with change comes opportunity, and it is really easy to focus on those things that could
go wrong, but something could go really right that you are not experiencing either, and
that is a different way of looking at something too. Soukkala said are we ready to get our
boots on the ground and help you. Soukkala said yes, absolutely. Soukkala said don’t
look to closely at her hands as they are dirty, but she was out doing fork truck
certification this morning and got quick into her sales suit, but is ready to work for you.
Zaleski said that the worker’s comp is the big part of all of this, and, really, what you
should do, is look at the best practices of the worker’s comp. Zaleski said you should
interview the claims department and ask what are your best practices. Zaleski stated that
you have so much you need to dig into yet from that side of things, and, really, this is
only the tip of the iceberg, and what it comes down to is, how they are going to manage
claims and sometimes fight claims and a lot of times pay the claims, but you don’t have
any idea from the claims management, how any of the potential new players really are,
unless Bob has already presented that, but they certainly haven’t yet. Zaleski said that a
lot of those questions would get answered with more due diligence.
Sweeney said so is it fair to say that the three of you, other than what the tolerance would
be, if everything being equal, would you recommend being self-insured. Zaleski said
from your past history, it definitely makes sense. Zaleski said that you can’t predict the
future, but based on your past history, you would have saved money if you self-managed.
Zaleski said it is a safety culture that you have already set up here, and it shows in your
claims experience, and that there is no reason that shouldn’t continue. Zaleski said that
we all agree that you will have a year or two out of ten that you might bump up, but
based on your history, there isn’t any reason you wouldn’t expect that to continue.
St. Arnold said that if you were a privately held company, you might not be able to do it
in Wisconsin, but you are not, you are a governmental entity and I would recommend
self-insurance on the comp without hesitation.
Herrick stated that this is something we obviously have to compare apples to apples so
there isn’t no apples to oranges, but had a couple of questions. Herrick said that you
mention that if something happens, and going from a $5,000 deductible to a $50,000
deductible, now that’s per occurrence and asked is that correct. St. Arnold replied
correct. Herrick asked what if there is a major catastrophe. St. Arnold stated that it is
one occurrence and it is not per building, it is one occurrence. Herrick asked if
something happens the next day. St. Arnold replied that it is a second occurrence.
Herrick said so that is something we should think about too.
Herrick said also, too, you talked about being self-funded or self-insured, so if you are
self-funded in that respect, so there is a limit that we would have to budget for so that we
have a certain amount set aside for catastrophes or things like that. Herrick said now not
being self-insured, what is the limit and said is the sky the limit basically. St. Arnold said
no, you just pay your premium. Zaleski said claim dollars means nothing to you, and you
would just be paying your premium. Herrick said he was talking about the payout, and
said for example, let’s say there was a worker’s comp claim. St. Arnold said they would
still adjudicate that claim according to Wisconsin state statute, and there would be no
difference. Herrick said there is a limit. Zaleski said $500,000 in premium and your
claims could be a $1,000,000, it doesn’t matter, and you would be paying the $500,000 in
premium. Zaleski said you are transferring the risk when you self-insure from the
insurance company, and you’re basically becoming the insurance company from a
financial perspective, but you are not administering those claims, you are hire somebody,
but you are taking the financial risk. Herrick said, for clarification, say we are paying the
premiums for maybe $1,000,000 worth of coverage. Soukkala said there is no limit and
there is not a benefit limit if that is what you are saying. Herrick said that is what I am
getting at, and, for us there would be, because that is the amount of money that we would
have to budget for. Nikunen said so there is the deductible on your COBRA, like work
comp, and for us it is $100,000 per occurrence, so you have a claim and you will pay the
first $100,000, now you already have paid a premium, so it is premium plus claim dollars
paid, but with our program, it would be capped at the $100,000 for that one claim, but it
doesn’t mean the claim is capped, but it means, like Bob said, it still it gets adjusted or
taken care of, just as if it was in an insured program. Zaleski stated your responsibility
stops at the $100,000. Nikunen stated that your responsibility is done, and asked if that
answers the question. Herrick said, yes, and there is a limit there. Nikunen said there is a
limit per claim that you are exposed to as a city, and with the aggregate, you could have
five $100,000 claims under our program and you are capped at $500,000, but when you
don’t have a cap and you have a $100,000 per occurrence, you could have multiple
$100,000 claims with no cap to the number of claims, because there is no aggregate, and
that is where the aggregate comes into play. Soukkala said that it would be a good
number to budget. Nikunen stated that your aggregate is what you budget.
Sweeney stated that it was tolerance and risk reward. Nikunen said exactly. Sweeney
said that is what it is. St. Arnold said, looking in the rear view mirror, and, can you
historically make the case of going that route, yes, you can probably can seven out of ten
years.
Herrick said we know CVMIC has safety programs, but do you have it too, and are they
included with your programs? St. Arnold replied yes.
Sweeney asked, from the standpoint of workman’s comp, the company you represent has
been in business for how long? St. Arnold asked Dirkse how long they have been in
business. Dirkse stated Community Insurance Corporation has been in business since
2002, however, the servicing team in reinsurance and other relationships have been in
place since 1996, and the company itself has been in business since 1988.
Sweeney said I think I asked this before, but do you follow AM Best for workman’s
comp? Dirske said again our company, the Board of Directors of the Wisconsin County
Mutual Group which CIC is part of, decided several years ago not to continue seeking a
rating from AM Best. St. Arnold said they didn’t want to pay for the rating. Sweeney
said he thought so. Dirske said he could identify for you, but not today, there were a lot
of financial reasons and good sound business reasons to not seek that rating. Sweeney
said obviously you would make your financials to us. St. Arnold said yes. Becker said
they already have.
Sweeney asked if there were any other question. St. Arnold said he wanted to leave his
proposal for Sweeney, for Tylor and for Deb and everyone with the City. St. Arnold said
I just want you to look at the comparisons on the second tab.
Having no other business, the Special Finance Committee Meeting adjourned at 6:13p.m.
Minutes respectfully submitted by Deb Kamunen
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