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decisions to deal with budget shortfalls, here are some things you can do to help assure that your city will be profited by discretionary it unity from potential liability. 1. Make these decisions at the city council level. In general} the higher the level at which the decision is made, the more likely it is that the courts will consider it to be discretionary. If an independent administrative board nuns a particular operation — e.g., a utilities commission — the decisions would he made at that level. 2. Take all of the relevant socm'l, political, economlk� and safety considerations into + making a ■ account in Social factors might be considerations such as the need for people to be able to get to work whatever the weather conditions, the need for safe daycare facilities, and the desire for conununity playgrounds. Econonuc considerations can include the city's financial situation — e.g. the need to stay within debt or levy limits. Economic considerations also include the greater economic needs of the city, such as the reed for good roads to support economic development, etc. Political factors are largely a matter of the voters', residents', and businesses' expectations and preferences for service levels. It could also include applicable standards or regulations, such as the NFPA's advisory standard for fire staffing levels, or the building code requirements for what is required to be inspected and when} etc. Safety factors are things like emergency response times; risks from street, sideway, park, or sewcr hazards; etc. 3. Make clear records to shore that you were making discretionary decisions. When you get to court, simply having made a discretionary decision isn't enough. You also need to be able to show the court that the decision you made was in fact discretionary in nature. This means makinor and keeping good records that show that the council was considering and balancing these social., political, economic, and safety considerations. Those records could be in a variety of forms, such as: Council minutes that record the factors, arguments, and considerations that went into the council members' decision, and not just the motions and votes. Supporting documentation such as staff memos to the council outlining and discussing the alternatives, and the costs, risks, and other pros and cons of each. Putting the councils action in the form of a resolution with a series of "where&` clauses identifying the social political, economic, and safety considerations that went into the council's decision. Audio or video recordings of the meetings at which the decisions were made, 0