ICRMA Insider - Vol. 2 - Q2 2024
ICRMA Website Redesign
We are delighted to announce that ICRMA launched our updated website on July 1, 2024. This has been a result of months of hardwork and dedication, and we are excited to finally share it with you. Our new website has been designed with your needs in mind, incorporating improvements based on your valuable feedback to enhance your browsing experience.
The new website boasts a sleek and modern design, making it easier than ever to navigate and find the information you need. Some key features you can look forward to include a user-friendly interface, simplified layout, and improved search functionality. Our enhanced search feature allows you to quickly find specific content or products, saving you time and effort. Additionally, the website is fully optimized for mobile devices, ensuring that you can access it on the go, no matter what device you are using.
We have also refreshed our content to provide you with the most up-to-date and relevant information. Expect to find informative articles, helpful guides, and exciting new features.
Thank you for your continued support, and we look forward to serving you on our new website!
UPDATED ORG CHART
We are excited to announce some changes to the ICRMA program that will benefit every member. Firstly, we have welcomed a new addition to our team - Tyler Conlin, who joins us as the Assistant Liability Program Manager. Tyler brings a wealth of experience and expertise to the program, and we are confident that his contributions will further enhance our services.
In addition, we have implemented a new property claims reporting email. This streamlined process will make it easier for members to report any property-related claims promptly and efficiently. We understand the importance of timely claims reporting, as it allows us to address issues promptly and provide the necessary support to our members. To reflect these updates, we have also updated the program's org chart. An org chart is an important tool for members to utilize as it provides a clear visual representation of the program's structure and key contacts. It helps members understand who to reach out to for specific inquiries or assistance, ensuring efficient communication and a seamless experience.
We believe that these changes will further strengthen the ICRMA program and its ability to serve our members effectively. We encourage all members to familiarize themselves with the updated org chart and utilize the new property claims reporting email for any relevant issues. Together, we can continue to build a strong and supportive community within the program.
CHANGES TO THE BOARD
We are pleased to announce the recent changes to the ICRMA board of directors. During the meeting held on June 20th, 2024, Sergio Ibarra was voted as the new president, and Eduardo Sarmiento was elected as the Vice President. Sergio has been a member of the ICRMA board for eight and a half years, and Eduardo has been a member for two and a half. The board of directors plays a crucial role in ensuring the successful operations of the ICRMA program.
The board of directors is responsible for making important decisions that impact the program and its members. They provide strategic guidance, oversee financial matters, and ensure that the program is meeting its objectives. The president of the board holds a leadership role and is responsible for presiding over meetings, representing the program externally, and working closely with the executive team to drive the program's vision and goals. The vice president supports the president and may step in to fulfill their duties when necessary.
Voting and changing the operations of the board are important processes as they allow for fresh perspectives, new ideas, and the opportunity to adapt to the evolving needs of the program and its members. By electing new leaders, the board can bring in diverse expertise and experiences, ensuring that the program remains dynamic and responsive to the challenges and opportunities it faces. These changes reflect the commitment of the board to continuously improve and enhance the ICRMA program for the benefit of all its members.
Sergio Ibarra Eduardo Sarmiento
President of the Board Vice President of the Board
USE OF WAIVERS
DO WAIVERS WORK?
In the latest newsletter, we want to address the topic of waivers and their effectiveness in protecting the City and its employees from legal liability. Waivers, also known as releases of liability, are legal agreements that transfer responsibility for injuries and property damage from one party to another. In California, waivers are valid and reliable legal tools that can provide protection for accidents, activities with inherent risks, and even negligence of City employees in certain circumstances.
However, it is important to note that the enforceability of waivers in California is not always clear-cut. The law identifies scenarios where waivers can become void, particularly in cases involving gross negligence. Gross negligence refers to a severe form of negligence that shows a blatant indifference or disregard for the safety of others. Even with a signed waiver, the City may still be held accountable in such cases.
California courts have made it clear that liability waivers should not be used as a way to evade the consequences of gross negligence. In the case of City of Santa Barbara v. Superior Court (2007), the California Supreme Court ruled that liability waivers for gross negligence, recklessness, or intentional misconduct were unenforceable. The court allowed a lawsuit against a city-run summer camp, despite the existence of a signed waiver, stating that it is against public policy to absolve a party from responsibility for future gross negligence.
In Tunkl v. Regents of the University of California (1963), the court identified six characteristics of a service that could render a waiver unenforceable. These include the service being of great importance to the public, being generally open to anyone, the entity having a decisive advantage in bargaining strength, the contract being standardized and offered on a "take-it-or-leave-it" basis, the persons being under the control of the business, and the waiver absolving the entity of its duty to exercise reasonable care.
While waivers can be a valuable tool for agencies to protect themselves from liability, it is crucial that the waivers meet the tests outlined by the courts. Waivers in California are closely scrutinized and will not be upheld if they absolve parties from their duty to provide basic care. This applies to both paper and eWaivers.
To learn more and access FAQs on the use of waivers please contact a member of the ICRMA administration team.
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