This workbook is intended to offer helpful guidance to executives and high-level managers of public agencies on how to avoid liability. The 12 Steps to Avoiding Liability are based on the firm's many years of experience in advising and defending public agencies. Because "winning" is not winning the lawsuit, it's not getting into the lawsuit in the first place. Each of the Steps focuses on actions that an agency can take to avoid situations which commonly lead to or increase liability for public agencies. The Steps are meant to be general guides for quick reference by the executive without legalese or exhaustive detail.
In today's complicated society, managers and supervisors are expected to walk through a field of legal "land mines" on a daily basis. Federal and state constitutions, federal and state laws, local charters, ordinances, labor agreements, work rules, local arbitration decisions and personnel commission decisions define the laws public agencies must follow. This workbook is intended to serve as a basic survival kit. We hope the checklists included in the 12 Steps will assist you in analyzing a situation and pointing you in the right direction. While the 12 Steps are meant to be a practical guide to situations which commonly create liability for an agency, you should consult with your human resources department, agency attorney, and/or labor and employment attorneys regarding specific employee relations situations.
Topics Include:
Types of Liability
Step 1 – Follow the Rules
Step 2 – Train and Retrain
Step 3 – Establish an Effective Hiring and Employee Retention Process
Step 4 – Accountability for All
Step 5 – Be Honest, Consistent, and Fair
Step 6 – Communicate, Communicate, Communicate
Step 7 – Pick Your Battles Wisely
Step 8 – Investigate before It’s Too Late
Step 9 – Due Process Matters
Step 10 – Everything Is “Discoverable”
Step 11 – Litigate to Win!
Step 12 – Don’t Take It Personally