The NJ Police Chief Magazine Volume 24, Number 1 | Page 7

The New Jersey Police Chief Magazine | January 2018 Continued from previous page appropriate). Risk Management Professional development activities serve not only the individual members of an association; they provide a vehicle for advancing the association’s mission, solidifying its values, and improving relationships among its members”. 9 Implementing and conducting learning opportunities, however, is not a risk-free endeavor. While the best way to avoid potential liability is to avoid all risk, for reasons discussed above, this is not a viable option for an organization such as the NJSACOP. Moreover, professional development is one of the core values and objects of our Mission. Our varied, diverse, and high-profile professional development courses are one of the keys to our reputation, identity, and a source of both learning and pride for our membership. Accordingly, we will continue to move forward with our current offerings and to develop additional such learning opportunities, while also engaging in recommended risk management activities in relation to these courses and programs. The guiding principle for any activity is “reasonableness.” That is to say, whether a reasonable person in similar circumstances would act in a similar manner. In 1. 2. 3. general, acting as a “reasonably prudent person” in any situation means: Exercising due diligence and investigating in advance; Warning others against foreseeable problems; and Taking appropriate steps to respond based on what you know and have learned…. If educational events involve participatory activities…, associations should use releases and waivers to limit liability by (1) reminding participants of the risks involved and (2) only allowing people to participate who sign a release or waiver absolving the association of liability for any damage or injury that might result. 10 Naturally actions to reduce or limit risk are important in the context of all of our programming and events. However, there are certain NJSACOP programs and courses which present a higher level of possible risk, and accordingly require a heightened level of actions that would be “prudent” in terms of risk management. In particular, the NJSACOP courses and programs that are conducted in a non-traditional format (i.e. not in a classroom environment) and/or require domestic or international travel by staff and attending delegates require this heightened level of risk management scrutiny. The association requires all attending delegates to our out-of-classroom programs and programs that require or include travel (beyond the routine to/from a classroom or conference center). The association also has insurance coverage (both general liability and specific to staff travel). Moreover, the association takes the additional (but important in terms of risk management) step of “exercising due diligence and investigating in advance” the sites, locations, and facilities of the institutions where our international and out-of- state professional development courses are conducted. While this does add some costs to our professional development portfolio, we view this as an essential business activity. This is so not only for the risk management reasons just discussed, but also as a key function of quality control . Mitchell C. Sklar, Esq. Executive Director 1 Tracey, Terri and Kathleen Edwards, Core Competencies in Association Professional Development, 2d Edition, Association Management Press (Washington DC 2011), p.1. 2 Albert, Lillie and Monica Dignam, The Decision to Learn and Study, Association Management Press (Washington DC 2010), cited in Tracey and Edwards, pp. 1-2. 3 “Executive Development Best Practices Guide”, US Office of Personnel Management, Nov. 2012. 4 Business Continuity Institute. 5 Zenger/Folkman, Orem, UT. 6 US Army, retired, founding Director of the Ann and John Doerr Institute for New Leaders at Rice University. 7 Matthews, Michael D. “In Extremis Leadership: Leading others when the chips are down.” PsychologyToday.com, July 2014. 8 The Police Chief Magazine, November 2017. 9 Tracey and Edwards, p.81. 10 Tracey and Edwards, p.82. 6