Spring Risks, Smart Prevention Reducing Seasonal Claims Before They Start

Spring brings warmer weather and increased activity, but also a rise in claims. Below are three common spring risk areas and practical steps to help prevent them.

Potholes: The Lingering Impact of Winter

As winter fades, freeze-thaw cycles weaken pavement and create potholes that can lead to vehicle damage and injury claims, making early inspections of high-traffic and problem areas, prioritizing repairs (even temporary ones), maintaining clear documentation with photos, and responding promptly to complaints with appropriate signage essential for reducing risk and demonstrating reasonable maintenance efforts if a claim arises.

Tree Trimming & Liability Before Storm Season

Spring storms can turn overgrown or weakened trees into serious hazards, with falling limbs causing damage and injuries, making proactive trimming of dead or overhanging limbs, focusing on high-risk areas, using properly insured contractors with clear agreements, and maintaining inspection records essential for improving public safety and reducing costly property and injury claims.

Lawn Mowing & Weed Eating Damage: Small Tasks, Frequent Claims

Lawn care tasks like mowing and weed eating are a common source of property damage from flying debris, making it important to clear work areas, use properly maintained equipment with guards, adjust techniques near structures, establish buffer zones, train staff and contractors, and document procedures to help reduce avoidable claims.

Spring Rains and Sewer Systems: Understanding Inflow & Infiltration

Spring has arrived, and with spring comes rain, often lots of it. While seasonal rainfall brings greener landscapes and replenishes water supplies, it can also create challenges for municipal sewer systems. One of the most significant issues communities face during heavy rains is inflow and infiltration (I&I).

Understanding how I&I affects sewer systems helps municipalities reduce the risk of sewer backups and protect residents’ homes and property from costly damage and repairs.

What is Inflow and Infiltration?

Inflow and infiltration refer to stormwater and groundwater that enter sanitary sewer systems through unintended pathways.

• Inflow occurs when rainwater enters the sewer system directly through openings such as roof drains, yard drains, sump pumps, uncapped cleanouts, or manhole covers.

• Infiltration occurs when groundwater seeps into sewer pipes through cracks, deteriorated joints, or damaged manholes.

These flow sources can allow large volumes of water to enter sewer systems that were designed to carry only wastewater from homes and businesses.

Spring Rain Increases the Risk of Sewer Backups

The risk of sewer backups and overflows increases during significant rainfall events, especially when large amounts of rain fall in a short period of time. Excess rainwater entering the system can quickly raise water levels in sewer pipes, potentially overwhelming the system’s capacity or pushing sediment and debris that create blockages in the line.

When this occurs, sewer backups and overflows can happen, sometimes forcing wastewater back into homes through floor drains, sinks, or toilets. These events are disruptive and costly to repair, making it essential to keep stormwater out of sanitary sewer systems whenever possible.

Most I&I Comes from a Small Portion of the System

I&I problems are rarely spread evenly throughout an entire collection system. Studies of wastewater infrastructure consistently show that:

Approximately 80% of inflow and infiltration originates from less than 20% of the collection system.

This means that identifying and repairing the most problematic areas can significantly reduce excess water entering the system during rain events.

How Municipalities Identify I&I Problems

Utilities use several proven methods to locate sources of inflow and infiltration:

• Flow monitoring to track sewer flow changes during rain events

• Smoke testing to reveal improper stormwater connections

• CCTV inspections to identify cracks, roots, and pipe defects

• Dye testing to confirm suspected inflow sources

• Manhole inspections to locate leaks or structural damage

Public awareness also plays an important role. Residents should ensure sewer cleanouts have secure caps, as missing or damaged caps can allow stormwater to enter the system.

Protecting Homes and Infrastructure

With spring rains increasing the potential for excess water in sewer systems, identifying and correcting I&I is critical. Targeting the areas responsible for most inflow and infiltration helps municipalities:

• Reduce the risk of sewer backups into homes

• Improve wastewater system reliability

• Lower treatment costs

• Extend the lifespan of sewer infrastructure

By working together, municipalities and residents can help keep stormwater out of sanitary sewer systems and ensure they operate safely and efficiently throughout the rainy spring season.

Indemnification Clauses: What Cities Need to Know

Cities and public entities across Oklahoma should carefully review their contracts for indemnity and “hold harmless” provisions. Under Oklahoma law and Attorney General guidance, municipalities generally cannot agree to indemnify or assume liability for third parties.

Indemnity clauses are common in vendor agreements, service contracts, leases, and software licenses. These provisions often require a city to “hold harmless,” “defend,” or “indemnify” a private party against claims, damages, or lawsuits. While they may appear routine, they can create significant legal and financial risks.

The Oklahoma Attorney General has made clear that public entities may not enter into contracts that shift liability from a vendor to the government, including clauses that require the city to indemnify a private party or assume responsibility for damages caused by the vendor’s negligence.

These clauses are problematic because they create a contingent and potentially unlimited financial obligation, a form of debt that cannot be determined or funded at the time the contract is executed. As a result, such provisions are generally unconstitutional.

Oklahoma law also provides that agreements to indemnify someone for unlawful acts are void.

What Does an Indemnification Clause Look Like?

“City agrees to indemnify, defend, and hold harmless Vendor from any and all claims, damages, and expenses arising out of Vendor’s performance, including those caused by Vendor’s negligence.”

This type of clause requires the City to pay for damages, defend the vendor, and assume potentially unlimited liability, making it impermissible in most cases.

What This Means for Cities

Cities should not agree to:

• Indemnify or hold harmless a vendor or third party

• Assume responsibility for another party’s negligence

• Accept terms requiring the city to defend a vendor

Action Steps

• Review all contracts, including renewals and software agreements

• Identify indemnity and hold harmless language

• Consult with your city attorney before signing any agreement containing these provisions

• Negotiate removal or revision of non-compliant clauses

Bottom Line

Indemnification provisions may be common in private contracts, but they are generally not permissible for Oklahoma municipalities. Careful contract review, and consultation with your city attorney, is essential to avoid unintended and unlawful financial obligations.

AI in the Workplace: Use It Wisely, Protect What Matters

Artificial intelligence (AI) is quickly becoming part of everyday work. From drafting emails to summarizing reports, these tools promise to save time and help teams work more efficiently. But for municipalities, the rise of AI also brings an important responsibility: protecting sensitive information.

Many AI platforms operate on public systems that learn from the data entered into them. In some cases, the information shared with these tools may be stored or used to improve the system. For cities and towns, that means confidential information should never be entered into public AI platforms.

Sensitive information may include personnel records, legal documents, citizen data, financial details, or information related to ongoing investigations. Even internal communications or draft policies could create risk if shared with an external AI system.

AI works best when it is treated as a productivity tool—not a secure storage location or decision-maker. While AI can generate helpful drafts or summaries, municipal staff should carefully review all outputs. These systems can produce errors, outdated information, or incomplete answers.

Municipalities may benefit from developing simple internal guidelines for AI use. Establishing clear expectations—such as limiting the type of information that can be entered into AI tools and requiring human review of AI-generated content—can help protect both the organization and the community it serves.

As AI technology continues to evolve, thoughtful use and strong privacy practices will allow municipalities to take advantage of innovation while safeguarding the information their communities trust them to protect.

Understanding the ADA Interactive Process

Public employers must balance operational needs with supporting employees in the workplace. One important tool for doing both is understanding the interactive process under the Americans with Disabilities Act (ADA).

The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities when needed to perform the essential functions of their jobs. The interactive process is the collaborative conversation between an employer and employee to determine what accommodations may be appropriate.

The process typically begins when an employee communicates that a medical condition is affecting their ability to perform their job. The employee does not need to mention the ADA or request a “reasonable accommodation.” Statements such as “My doctor says I shouldn’t lift heavy items for a while” or “I’m having trouble working my normal schedule because of a medical condition” may trigger the employer’s responsibility to begin the interactive process.

For municipalities and other public employers in Oklahoma, responding promptly and thoughtfully is important because public services must continue uninterrupted. Engaging in a good-faith dialogue helps identify reasonable accommodations while maintaining service to the community.

Common accommodations may include modified schedules, assistive equipment, temporary leave, reassignment of marginal duties, or adjustments to the work environment. The goal is to enable the employee to perform essential job duties without creating an undue hardship for the employer.

Tips for Employers:

• Respond promptly when an employee raises a medical-related concern.

• Focus on essential job functions and how limitations affect them.

• Communicate and explore options rather than simply denying a request.

• Document the process, including requests, discussions, and decisions.

Avoid common mistakes such as waiting for “magic words,” failing to engage in dialogue, or delaying responses. A collaborative and well-documented approach helps ensure compliance with ADA requirements while fostering a supportive workplace.

City Spotlight: Broken Arrow, Oklahoma

Broken Arrow, the fourth-largest city in Oklahoma, is a thriving and prosperous home to approximately 123,000 residents in the beautiful northeast part of the state. Originally platted in 1903, Broken Arrow has a rich Native American heritage, and it proudly resides within the Muscogee Nation. The city enjoys a strong partnership with the tribe, working hand in hand to enhance the lives of their wonderful, shared community.

According to the recent U.S. News & World Report rankings, Broken Arrow is the "Best Place to Live in the State of Oklahoma," and the "12th Best Place to Live in the U.S.," out of 250 major cities across the country. This is a recognition we are incredibly proud of, and yet we also understand the magnitude of the responsibility the honor carries for us to continue providing first-class public services to our citizens. Data from the U.S. Census Bureau indicates that the city's population grew by 14.8 percent from 2010 to 2020, making it one of the fastest-growing incorporated municipalities not only in the state, but in the U.S.

Residents in Broken Arrow enjoy a high quality of life, characterized by low crime, placing it as the 68th safest of 360 suburbs in the U.S. and safest in Oklahoma, high-performing schools, and some of the best options in the state for affordable housing, especially for first-time home buyers.

Broken Arrow's award-winning Rose District was recently named one of the "Top 100 Best Main Streets in the U.S. to Walk," according to a new 2025 survey. The city fosters a sense of community by sponsoring seasonal festivals and events each year, including Rooster Days, Fiesta de Mayo, Scotfest, a local Farmers Market, musical performances in Central Park, parades in downtown, and so much more.

With destination attractions in the Rose District, the Performing Arts Center, Arts@302, the Warren Theatre, Bass Pro Shops, New Orleans Square, and the new Sunset in Broken Arrow Amphitheater coming in 2026, residents and visitors have many options when it comes to choosing shopping, dining, cultural, and entertainment activities. Additionally, two significant retail developments broke ground in Broken Arrow in 2025 — the Adam's Creek Towne Center, a 22-acre, 142,000 square foot development coming to north Broken Arrow, and Hackberry Market, a 30-acre, 211,000 square foot retail development in south Broken Arrow.

Another new development, the Arrow Forge Innovation District, is currently under construction. This 90-acre district will be a physically connected and easily accessible space that will offer various housing options, retail, and high-paying job opportunities. Arrow Forge is designed to reflect the increasingly collaborative and cross-sector nature of innovation. Broken Arrow is the third-largest manufacturing hub in the state, with a wide range of companies operating in the energy and aeronautics sectors.

Broken Arrow is a city large enough to serve you and small enough to know you! Our growth is a testament to our community’s collective efforts toward our promising future. We encourage you to visit Broken Arrow to discover how to explore the area!

OMAG In Action (Volume 17)

The U.S. Supreme Court Upholds Warrantless Entry in "Case V Montana"

On January 14, 2026, the United States Supreme Court issued an Opinion in Case v State of Montana, 607 U.S. (2026). This case asked the question of “whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.”

In Case v Montana, Montana law enforcement responded to William Case’s home after receiving a report from Case’s ex-girlfriend that Case had threatened to commit suicide. Case’s ex-girlfriend reported that she heard a “pop” while on the phone and was concerned Case shot himself and that Case threatened to harm any police who engaged with him. Police had prior knowledge of Case’s mental health struggles and a history of suicidal behavior. When police arrived at Case’s home, they saw a note and an empty gun holster through the window.

Forty minutes after their arrival, police decided to enter Case’s home to provide aid. The police officers opened the unlocked door and loudly announced their presence as they entered Case’s home. One police officer found Case inside a closet curtain and saw what they thought was a “dark object” near Case’s waist. The officer shot Case, and the police later found a handgun lying next to Case.

Case was subsequently charged with Assault on a Peace Officer on the basis that Case “knowingly or purposely caused reasonable apprehension of serious bodily injury” when Case pointed what appeared to be a pistol at a police officer. Case filed a motion to suppress all evidence obtained during the search on the grounds that the search violated Fourth Amendment. His Motion to Suppress was denied. The jury found him guilty. Case appealed this Motion to Suppress ruling all the way up to the United States Supreme Court.

In his appeal, Case urged the Court to rule that the higher standard of probable cause applied to the warrantless entry to render emergency aid. In rejecting this argument, the Court affirmed that the objective reasonableness standard applies to warrantless home entries to render emergency aid. The Court ruled that lower courts should assess the reasonableness of an emergency-aid entry “on its own terms, rather than through the lens generally used to consider investigative activity.”

Here, the Court noted that the information the officers obtained from Case’s ex-girlfriend, combined with their observations at the scene, suggested that Case may already have shot himself or would do so absent intervention. Thus, the Court found that the officers had an “objectively reasonable basis for believing” that their entry was needed to prevent Case from ending his life. A victory for law enforcement.

Key Takeaways for Law Enforcement

• Probable cause is not required for Emergency Aid: Law enforcement may enter a home without a warrant to provide emergency assistance if they have an objectively reasonable belief someone is in danger.

• Emergency Entries Are Not Investigative Searches: The Court emphasized that these actions are evaluated on their own terms—not under the standards for criminal investigations.

• Supports Swift Action in Life-Threatening Situations: This ruling affirms the legal backing for officers who act quickly to prevent harm, particularly in cases involving mental health crises.

• Policy and Training Matter: Municipalities should ensure officers are trained to recognize when the emergency-aid exception applies and to document the facts that support their entry decisions.

OMAG's Police Liability Update (February 2026)

Winter Weather Preparedness for Oklahoma Municipalities

As temperatures drop, OMAG’s Claims Department wants to ensure your municipality is ready for the challenges winter weather can bring. Preparation is key to reducing claims, protecting employees, safeguarding municipal property, and ensuring continuity of critical public services. Below are practical steps your teams can take now—before the first freeze—to minimize risk and keep your community safe.

Inspect and weatherproof facilities by sealing drafts around doors, windows, and utility penetrations, verifying proper insulation in attics and mechanical rooms, and ensuring roofs and gutters are clear of debris to prevent ice dams. Protect water supply systems by insulating exposed pipes, identifying shut-off valves and training staff on their use, and testing backup heating in critical pump houses and treatment facilities. Review HVAC performance by servicing furnaces and heat pumps ahead of winter, replacing filters, and confirming thermostats are functioning correctly.

Winterize municipal vehicles by inspecting batteries, tires, fluids, and wipers, stocking emergency kits with blankets, lights, ice melt, and first-aid supplies, and confirming fuel for generators and heavy equipment is treated for cold weather operation. Prepare snow and ice response equipment by testing sand spreaders and plows early and securing salt, sand, brine, and abrasives before demand increases.

Municipalities across the region are increasingly using beet juice mixed with salt brine as part of their winter road management strategy. This method is effective at temperatures as low as –20°F, reduces salt usage by up to 30–40%, is less corrosive on vehicles and infrastructure, and helps prevent ice from bonding to pavement. Additionally, it can be used before a storm hits to prevent ice from bonding in the first place. Although the red tint does no permanent damage to either vehicle or roadway, white beets are also an option.

Provide winter safety training that covers defensive driving, slip-resistance policies, and cold-stress illnesses such as hypothermia and frostbite. Update emergency contact and staffing plans by maintaining current call trees, preparing standby schedules for severe weather, and reviewing continuity-of-operations plans for essential services.

Maintain sidewalks, parking lots, and public access areas by applying ice melt before storms, clearing snow and ice promptly, and documenting response activities. Improve signage and lighting by marking known slip hazards and ensuring adequate lighting in high-traffic outdoor areas.

Share service updates and closures through social media, websites, and emergency notification systems. Provide reminders about home winterization, safe travel, and staying clear of downed power lines. Encourage residents to report icy intersections or water line breaks quickly.

Use this quick reference for department heads: