2003_0630_packet - Laserfiche WebLink

Home

provide guidance and direction to city employee, they describe an expectation for level of service, and can be used as a tool to measure performance. Good records of policy planning decisions also assist in long range planning and provide the framework for future procedures, purchase of equipment, and expansion of services. Keeping records of policy and pl ug decisions helps preserve the discretionary immunity record. Policy or planning adoption should include records that show a weighing of social, political* economic and safety factors. In addition, even if the city is not immune from liability pursuant to discretionary i u unity, the existence of and adherence to a policy helps to prove that the city exercise ordimary and reasonable care, and is therefore not liable. The fact that immunity does not exist does not mean the city is automatically liable or negligent. Im�nunity presupposes duty and breach of duty. If there is no duty and no evidence of breach of duty there is nothing for which the city is liable. If the city is not liable there is no liability from which the city heeds to be iminune. This means that even without immunity the city may be able to get out of the case before trial or have a successful result at trial if it has good records showing it is not liable or negligent. The mere fact that an accident occurred is not enough to establish negligence. How Do We Create and Preservea Good Discretionary Immunity Record? After you decide that a decision is likely to be discretionary because it is a planning decision that involves a weighing of competing social, political, economic or public safety concerns, you must think about how to best create and preserve a record documenting the decision and decision mfg process. If an actin policy decision is made by the city council,- a resolution setting forth the policy or plan can be prepared. The "whereas" sermons of the resolution should document some of the social, political, economic or other factors supporting the council decision. Accurate and complete minutes are also excellent records for showing a city council" s exercises of discretion. If the city council ratifies or approves a plan or policy drafted} created or prepared by others (i.e., department supervisor or city advisory boards), the council meeting minutes should reflect that policy or plan development authority was delegated to the person or entity making the decision and that the city council reviewed the decision made or recommended. In addition, the records showing that these with policy or plan develop=ment authority weighed competing political., social, economic and/or safety factors should be included it the minutes as should the city council's ratification or approval of the discretionary decision. If the city council does not need to ratify or approve the final plan or policy, a discretionary immunity record should be made showing that the city council delegated plan or policy development to the decision rnal"ng person, department or board. This directive should be reflected in council minutes and should clearly indicate that the city council expects that the decision maker will weigh polities, social, economic, safety and other factors when creating, developing or changing the plan or policy.