MINUTES. LOSS TRUST FUND BOARD MEETING 7447 E. Indian School Rd., Suite 210 Finance Conference Room Scottsdale, AZ. May 1, :00 a.m.

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1 Approved as amended May 30, 2014 MINUTES LOSS TRUST FUND BOARD MEETING 7447 E. Indian School Rd., Suite 210 Finance Conference Room Scottsdale, AZ 8:00 a.m. PRESENT: ABSENT: STAFF: James Tomlinson, Chair Jim Stabilito, Vice Chair David Petulla Bill Powell (telephonic) Matthew Kleifield Katie Callaway, Risk Management Director Jeff Nichols, City Treasurer Ryan Fielder, Senior Budget Analyst 1) CALL TO ORDER Chair Tomlinson called the meeting of the Loss Trust Fund Board to order at 8:05 a.m. 2) ROLL CALL A formal roll call confirmed the presence of Board Members as stated above.

2 Page 2 OLD BUSINESS 1) Approval of the January 23, 2014 meeting minutes VICE CHAIR STABILITO MOVED TO APPROVE THE MINUTES OF THE JANUARY 23, 2014 MEETING. BOARD MEMBER PETULLA SECONDED THE MOTION, WHICH CARRIED BY A VOTE OF FOUR (4) TO ZERO (0). BOARD MEMBER KLEIFIELD WAS ABSENT. 2) Motion to approve the minutes as submitted or with suggested changes Chair Tomlinson clarified that this was in fact a duplicate agenda item and no action was necessary. 3) Approval of Loss Trust Fund Board Annual Report for 2013 Ms. Katie Callaway, Risk Management Director, explained that the annual report is a summary of the Board's meetings held in 2013 prepared for submission to City Council. City Treasurer Mr. Jeff Nichols suggested perhaps giving this report a distinctive title to avoid confusion with the annual report which staff prepares for the Board's consideration each year. Ms. Callaway agreed to call it the annual report to Council. Board Members recalled that last year's ethics training had in fact been a video refresher. Ms. Callaway undertook to correct that point and bring the report back for approval at the next Board meeting. Consequently no formal action was taken. 4) Motion to Approve Loss Trust Fund Annual Report for 2013 Board Members noted that this was a duplicate agenda item, hence no action was necessary. NEW BUSINESS 1) Status update regarding insurance policy marketing and renewal conditions Ms. Callaway told the Board Members that they are having a very challenging renewal this year. The policy is set to renew on July 1 at the start of the next fiscal year. Council will consider this at their June 3 meeting. Two years ago Star Indemnity had refused to renew the City's policy. Argonaut Insurance insured the City for the current fiscal year but for next year are offering less coverage for significantly higher premiums. Ms. Callaway confirmed to Board Member Powell that law enforcement liability insurance is an absolute legal requirement. She pointed out that Argonaut is offering coverage to the City that excludes law enforcement liability insurance with a $10 million limit and retention of just $2 million for what appears to be a reasonable premium.

3 Page 3 Ms. Callaway said the broker has sent out applications for law enforcement liability insurance to several companies. She is hopeful that they will be able to write it separately and write the City's other policies with Argonaut. Board Member Powell commented that insurance rates are up across the board and this is in line with what he is seeing in his work. He recommended getting law enforcement out of the general liability policy if possible and obtaining their coverage from a different company. Ms. Callaway said this would highlight the cost of law enforcement. However if she can obtain law enforcement liability insurance coverage at a reasonable rate, this is probably what she would do. She has found Argonaut flexible to work with. Vice Chair Stabilito asked whether the City has ever done this before. Ms. Callaway said not in the last four years and she did not know whether this ever happened in the past. Vice Chair Stabilito asked whether the City would allocate a greater share of the insurance costs to the Police Department if the coverage was bifurcated. Mr. Nichols said that was his recommendation to the City Manager. Senior Budget Analyst Mr. Ryan Fielder confirmed that approximately 80% of the City's general liability insurance coverage is for law enforcement. Ms. Callaway said they have a meeting with XL and some specialty underwriters scheduled for May 13. She will be attending with the Police Chief, and staff from the City Attorney's Office to discuss losses and corrective actions. She may present the other insurance renewals to City Council on June 3 and take the liability portion to the last Council meeting of the year in these circumstances. Ms. Callaway asked the Board how much they wanted to participate in the final decision about insurance. The Board Members concurred that they would appreciate being kept informed. Chair Tomlinson asked how much additional funding would need to be put into the Loss Trust Fund if they cannot obtain $2 million retention for the law enforcement liability insurance. Ms. Callaway said she is not making a final decision until she sees all the quotes. Ms. Callaway cautioned that if she cannot get XL to give them coverage with the $2 million retention, they will be looking at a premium of possibly $1.6 million with Princeton, without purchasing any extra layers. She has a budget of $1.9 million for premiums so this would likely mean a shortfall. Chair Tomlinson asked staff to research what the City has paid for law enforcement liability insurance in the past. Ms. Callaway asked the Board Members if they want to have another meeting. They concurred. Ms. Callaway said it may have to be via conference call in late May because of the tight timing. Staff would the materials ahead of time. A discussion of

4 Page 4 possible dates ensued and Ms. Callaway said she would shoot for Tuesday, May 20, although she may not know until the 16th. Chair Tomlinson requested that staff break down the difference between liability and law enforcement, what the City is currently paying and the difference from the new quote. 2) Status update regarding interim actuary study Ms. Callaway presented the draft interim actuarial report prepared by Aon. By referring to last year's final actuarial report issued in August 2013 she was able to compare various confidence levels. Chair Tomlinson said the Board has decided they want the City to operate at an 85% confidence level. Ms. Callaway said there is a possibility that they could end the next fiscal year below the 85% confidence level. Ms. Callaway commended Mr. Fielder for his work in this area. City Council has approved that the City can recover some expenses from tort claims through property tax. For next year, departments will be paying a greater share of the insurance premiums. Board Member Petulla commented that it seems after the end of the next fiscal year they should be able to start building up a surplus to approach the 85% confidence level. Ms. Callaway said she is hoping for a surplus at the end of the current fiscal year of about $400,000. Mr. Nichols said he would prefer to keep the $2 million retention. Board Member Powell asked what comparable municipalities' retentions are. Ms. Callaway undertook to investigate this question. Board Member Powell commented that a jump from $2 million to $5 million is a very significant jump. Ms. Callaway noted that the Lloyds of London syndicate has offered at $3 million retention, but it has a limit of only $2 million. Board Member Powell urged keeping the $2 million retention if at all feasible because once that number is raised it will never decrease. Ms. Callaway said when they submitted the loss run reports for insurance quotes, an officer-involved shooting claim did not appear on the loss runs because it had not been filed through the City Clerk's Office as a general liability claim. It will be covered under the $2 million retention. However next year this claim will appear on the loss runs and she believes this may have a negative effect on underwriting. Mr. Nichols said the incident is defensible. Mr. Stabilito said the Board might accept a confidence level of less than 85% if retention can stay at $2 million. The City can work towards building its reserves back up to the 85% confidence level. Chair Tomlinson said that seems to be a correct, financially conservative approach. Ms. Callaway inquired whether the Board was interested in adding the additional liability form rather than using net present value figures. She offered to the full interim actuarial report to anyone who was interested. Chair Tomlinson requested a copy.

5 Page 5 OPEN CALL TO THE PUBLIC No members of the public wished to address the Board. ADJOURNMENT With no further business to discuss, being duly moved and seconded, the meeting adjourned at 8:51 a.m. Recorded and Transcribed by AVTronics Inc., d/b/a AVTranz Transcription and Reporting Services

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