12 Million Reasons 12 Million Reasons Why to Ensure a Why to Ensure a Competent Food Competent Food Service Safety Service Safety

ProgramProgram

David Ludwig, MPH,RS - NEHA 2009

UC Restaurant UC Restaurant LLC, PlaintiffLLC, Plaintiff

vs.vs.Maricopa County, Maricopa County,

Defendant Defendant

No. CV - 05 - 1602 PHX-No. CV - 05 - 1602 PHX-MHMMHM

U.S. Constitution - Amendment 14U.S. Constitution - Amendment 14

Amendment 14 - Citizenship RightsAmendment 14 - Citizenship Rights1. All persons born or naturalized in the United 1. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are States, and subject to the jurisdiction thereof, are citizens of the United States and of the State citizens of the United States and of the State

wherein they reside. No State shall make or enforce wherein they reside. No State shall make or enforce any law which shall abridge the privileges or any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall immunities of citizens of the United States; nor shall any State any State deprive any person of life, liberty, or any person of life, liberty, or

property, without property, without due process of law; nor deny to of law; nor deny to any person within its any person within its jurisdiction the equal protection the equal protection

of the laws.of the laws.

Federal Court SystemFederal Court System

Case Based on Constitutional Case Based on Constitutional Rights ViolationsRights Violations

•Requesting a Monetary Requesting a Monetary Settlement of $12,000,000.00Settlement of $12,000,000.00

•Would set Court Case Law for Would set Court Case Law for Due Process on Single Health Due Process on Single Health

Code ViolationsCode Violations

Unfortunately Unfortunately SometimesSometimes

it is just it is just aboutabout

Money Money

Claimed by PlaintiffClaimed by PlaintiffViolations noted by Inspector were not Violations noted by Inspector were not presentpresentDepartment gave Information to Media to Department gave Information to Media to harm businessharm business

Operator did not have opportunity to Operator did not have opportunity to have violation removedhave violation removed

Negative Publicity resulted in loss of Negative Publicity resulted in loss of Name which they were attempting to Name which they were attempting to Brand Brand

Public Records LawPublic Records Law

If you If you have them have them

– – You have You have to Show to Show

ThemThem

If your Records are electronic If your Records are electronic - are you sure they are the - are you sure they are the same as the copy given to the same as the copy given to the operator?operator?Were you able to capture and Were you able to capture and store an electronic Signature?store an electronic Signature?

Is your electronic data purged Is your electronic data purged routinely or at time of routinely or at time of closure?closure?

E-Mails IncludedE-Mails Included

Everything is Discoverable Everything is Discoverable

What you send then Delete What you send then Delete does not necessarily get does not necessarily get Deleted by the Recipient Deleted by the Recipient

What you Say can Hurt You – What you Say can Hurt You – What you put in Writing What you put in Writing Definitely Will Hurt YouDefinitely Will Hurt You

Deposition TimeDeposition Time

The Opposing Attorney is The Opposing Attorney is not Your Friendnot Your FriendThey will do anything to They will do anything to Discredit YouDiscredit YouWhat you say in your What you say in your Deposition may come back Deposition may come back to Haunt You!!to Haunt You!!

Mock Trial - $50,000 PracticeMock Trial - $50,000 Practice

Gain Insight into the Juror’s Gain Insight into the Juror’s Thought Process Thought Process

With multiple Jury’s you can With multiple Jury’s you can change your Strategies change your Strategies

If you have a good chance of If you have a good chance of losing – you might consider losing – you might consider settling!settling!

Trial - 2 WeeksTrial - 2 Weeks

Only 8 Jurors for Federal CaseOnly 8 Jurors for Federal Case

Jury Selection may be as Jury Selection may be as important as the Trial itself important as the Trial itself

The Jury to render a decision The Jury to render a decision for the Plaintiff must be for the Plaintiff must be Unanimous Unanimous Amount of Award is based on Amount of Award is based on Compensatory DamagesCompensatory Damages

The Plaintiff’s CaseThe Plaintiff’s CaseViolations noted by Inspector were not Violations noted by Inspector were not presentpresentDepartment gave Information to Media to Department gave Information to Media to harm businessharm business

Operator did not have opportunity to Operator did not have opportunity to have violation removedhave violation removed

Negative Publicity resulted in loss of Negative Publicity resulted in loss of Name which they were attempting to Name which they were attempting to Brand Brand

Make Sure that you have a Make Sure that you have a Signed & Up To Date Public Signed & Up To Date Public

Information RequestInformation Request

Plaintiff Called WitnessesPlaintiff Called Witnesses

I was called to review I was called to review Awards and SOPsAwards and SOPs

Called Supervisor – Called Supervisor – questioned Evaluation and questioned Evaluation and SOPsSOPsCalled Inspector – Called Inspector – questioned Violationsquestioned Violations

Being a Good WitnessesBeing a Good WitnessesListen to the Attorney’s QuestionListen to the Attorney’s QuestionBe cognizant that they may be Be cognizant that they may be asking more than one question – ask asking more than one question – ask them to simply ask onethem to simply ask one

Don’t be bullied for an answer – let Don’t be bullied for an answer – let the Jury know that answering the the Jury know that answering the question may be confusing question may be confusing When cross examined and When cross examined and redirected don’t waffle or discredit redirected don’t waffle or discredit yourself yourself Direct your answers to the Jury Direct your answers to the Jury members rather than their attorney members rather than their attorney

Standard Operating ProceduresStandard Operating Procedures

Have a Descriptive Title for your Have a Descriptive Title for your SOPSOPHave a Good Numbering Have a Good Numbering SystemSystemBe Specific in what is Be Specific in what is RequiredRequiredNever Ever – Reuse an SOP Never Ever – Reuse an SOP NumberNumber

Award SystemAward System

EvaluationsEvaluations

The Plaintiff reviewed Employment The Plaintiff reviewed Employment and Evaluation Histories for All Staff and Evaluation Histories for All Staff

““Improve work quality in the area of Improve work quality in the area of food inspections. Goal: Write more food inspections. Goal: Write more violations. Improve the percentage of violations. Improve the percentage of critical violations. Increase average critical violations. Increase average score.”score.”

What you Write on an Evaluation What you Write on an Evaluation maybe interpreted much maybe interpreted much differently than what you meant or differently than what you meant or what was understoodwhat was understood

Utilizing measures comparing Utilizing measures comparing individuals is Quantitative – Need individuals is Quantitative – Need to follow up with Qualitative to follow up with Qualitative MeasuresMeasures

Critical Violation IssueCritical Violation Issue

Multiple Major Violations Multiple Major Violations

Data Issues – Start TimeData Issues – Start Time

Disputed SignatureDisputed Signature

The The Dreaded Dreaded

Flip Flip ChartChart

FlanhaFlanhadd

Never Ever Ever Make Something Never Ever Ever Make Something UpUp

It is always better to be It is always better to be embarrassed than to guess or embarrassed than to guess or make something upmake something upIf a violation is Corrected at time If a violation is Corrected at time of Inspection describe what was of Inspection describe what was done to correct the violation on done to correct the violation on the inspection formthe inspection form

Witness In ChiefWitness In Chief

That is the fancy name I am That is the fancy name I am called for 2 weeks getting to sit called for 2 weeks getting to sit through the entire trialthrough the entire trialYou are both Expert Witness You are both Expert Witness and someone who attempts to and someone who attempts to assist your attorney in assist your attorney in questioning witnessesquestioning witnessesYou’re also the individual You’re also the individual looked upon as the looked upon as the DefendantDefendant

The Conspiracy StoryThe Conspiracy Story

When Planets When Planets AlignAlign

When meeting with someone – When meeting with someone – write everything down including write everything down including when and how you contact themwhen and how you contact them

Using an Electronic CalendarUsing an Electronic Calendar

It can be Erased without You It can be Erased without You KnowingKnowing

Deleted E-MailDeleted E-Mail

Expert WitnessesExpert Witnesses

They are used by both sides in an They are used by both sides in an Attempt to Strengthen their CaseAttempt to Strengthen their Case

They are paid by the side they They are paid by the side they represent – monetary amounts are represent – monetary amounts are often told to the Juryoften told to the Jury

Their Scope of Testimony is limited Their Scope of Testimony is limited to their area of Expertiseto their area of Expertise

Doing your homework in Deposition Doing your homework in Deposition can Cancel the effect of an Expertcan Cancel the effect of an Expert

The Flea FlickerThe Flea Flicker

Making the final bid at Who is Making the final bid at Who is Telling the TruthTelling the Truth

The only one more Surprised The only one more Surprised than I – was the Plaintiff’s than I – was the Plaintiff’s AttorneyAttorneyAnd this was the second And this was the second time he was left nearly time he was left nearly speechless!speechless!

The VerdictThe Verdict

We Won but We Won but at a Cost of - at a Cost of - $500,000.00 $500,000.00 to fight this to fight this casecase

Increased Mentoring by Increased Mentoring by Supervisors in the Field – Supervisors in the Field – Standardization of StaffStandardization of StaffEnsuring our Electronic Data Ensuring our Electronic Data Collection is reproducibleCollection is reproducible

Re-Organization – Specialization Re-Organization – Specialization and Delivering a High Quality and Delivering a High Quality Product to Our CustomersProduct to Our Customers

2008

QuestionsQuestions