January 2020 - CORSA-broadcast

First Amendment Audits
by Frank Hatfield April 21, 2023

April 21, 2023

Over the last few years citizen activists have been conducting "First Amendment Audits" with increasing frequency. This phenomenon does not appear to be led by an organization; rather, audits are conducted by individuals interested in videoing law enforcement and other public officials and offices. Although conducted by individuals, organizations such as the ACLU provide guidance and encourage First Amendment audits. (See ACLU: https://www.aclu.org/know-your-rights/protesters-rights/#i-want-to-take-pic….) Frequently, these video audits are posted online and, if a perceived First Amendment violation occurred, the videos are the basis for a civil lawsuit. Now is a good time to review and update or create, if necessary, your County's protocol with regard to citizens videoing County operations. Fortunately, counties and public offices, such as Union County, have prepared well to withstand a "First Amendment" without incident. Union County, specifically Sheriff Patton, was kind enough to share the attached memorandum regarding recent "First Amendment Audit" activity and permit it to be distributed by CORSA broadcast email. Thank you Union County. The attached is not legal advice nor should it be construed as such. Should you require a legal opinion please contact your Prosecutor's Office or legal counsel. Frank Hatfield, Esq. CORSA Risk Manager fhatfield(a)ccao.org<mailto:fhatfield@ccao.org> 614-560-1474 614-220-0209 Fax www.corsa.org<http://www.corsa.org/> " The leader in providing Ohio Counties with exceptional value, service, and protection of assets." CONFIDENTIALITY NOTICE: This e-mail message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.

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county drivers
by Phelps, Jenny Jan. 23, 2020

Jan. 23, 2020

I have two questions for fellow CORSA members: 1. How are you getting information from your departments to know who is hired and who is no longer working for your county? Do the departments typically communicate that to you or are you getting reports from your auditor's office? I'm looking to find an efficient way of adding and removing people on the drivers lists. 2. Is each department that employs drivers with CDL licenses handling the new FMCSA clearinghouse requirements individually or is the Loss Control Program Coordinator running the queries and getting waivers signed? What does your process look like? Thank you! Jenny Phelps Loss Control Program Coordinator office: 419-774-6318 fax: 419-774-3581

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DOT Clearing House
by Tricia Callihan Jan. 23, 2020

Jan. 23, 2020

Some CORSA Members have asked if the SambaSafety continuous state motor vehicle report (MVR) monitoring and/or pre-employment state motor vehicle report service fulfills a covered CDL employer's requirement to report and/or query the FMCSA Drug and Alcohol Clearinghouse. It is our understanding that it does not. State drivers license agencies (SDLAs) currently have the option to query the FMCSA Clearinghouse prior transactions, such as the issuance, transfer, and upgrade of a CDL. SDLAs will be required to conduct FMCSA Clearinghouse queries beginning January 6, 2023. Accordingly, state MVRs may, or may not, contain Clearinghouse information, but it is our understanding that obtaining a state MVR and/or SambaSafey continuous monitoring does not fulfill a covered employer's obligation to comply with the FMCSA Clearinghouse. Below is a brief overview of the FMCSA Clearinghouse with links to the US DOT's website that provides greater detail. This email is not legal advice nor should it be construed as legal advice. We strongly recommend that you consult your Prosecutor's Office or legal advisor to determine if you are subject to the FMCSA Clearinghouse and what, if any, action you need to take regarding same. The Federal Motor Carrier Safety Administration (FMCSA) recently implemented a new Drug and Alcohol Clearinghouse to identify drivers prohibited from operating a commercial motor vehicle due to a drug and alcohol program violation. Covered CDL employers are required to report drug and alcohol program violations to the FMCSA Clearinghouse and conduct queries of the Clearinghouse, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation-that is, a violation for which the driver has not completed the return-to-duty (RTD) process. The Drug & Alcohol Clearinghouse is a system required by the FMCSA for all CDL employers (https://clearinghouse.fmcsa.dot.gov/) Here is the direct link to the final rule: https://www.federalregister.gov/documents/2016/12/05/2016-27398/commercial-… "The purpose of the Clearinghouse, as mandated by section 32402 of MAP-21, is to maintain records of all drug and alcohol program violations in a central repository and require that employers query the system to determine whether current and prospective employees have incurred a drug or alcohol violation that would prohibit them from performing safety-sensitive functions covered by the FMCSA and U.S. Department of Transportation (DOT) drug and alcohol testing regulations." Feel free to contact me with questions. James Hale, ARM-P, ARM-E, CPSI Risk Control Consultant County Risk Sharing Authority 209 East State Street Columbus, OH 43215 614.246.1630 FAX 614.220.0209 " The leader in providing Ohio Counties with exceptional value, service, and protection of assets." CONFIDENTIALITY NOTICE: This e-mail message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.

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job descriptions
by Katie Bayness Jan. 10, 2020

Jan. 10, 2020

Hello, Our Engineer is planning to add a project manager to his staff. If you have a project manager job description, especially if they are in the Engineering department, would you mind sharing them with us? Thank you for your time and help! Thanks, -- Katie Bayness Belmont County Human Resources Administrator p. 740.232.1742 c. 740.359.2011 f. 740.232.1738

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transit: miles or trips driven annually
by Emily Marth Jan. 3, 2020

Jan. 3, 2020

Good afternoon. I am seeking information from County-operated transit departments. Could you please send me the approximate miles driven in 2018 or thus far in '19 or the number of trips provided in the same time period? This information will be very helpful. Thanks to all who provide stats. And Merry Christmas. Emily Marth Knox County

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