AG Memo - govimmunityroundtables

• Title: Immunity of Members of Basin Roundtables
• Date: 3/9/2006
• Author: Casey Shpall
• IBCC - Doc Type: Policies

Page 3

The CGIA states, in peliinent part, that:

No public entity shall be liable for [tort] actions except as provided
in this aliicle, and no public employee shall be liable for injuries
arising out of an act or omission occurring during the performance
of his duties and within the scope of his employment, unless such
act or omission was willful and wanton, except as provided in this
article.

S 24-10-105, C.R S. (emphasis added). The CGIA expressly waives governmental immunity in a
very limited number of circumstances not pertinent to basin roundtable statutory duties.3

A "public entity" is defined as:

the state, county, city and county, municipality, school district,
special improvement district, and every other kind of district,
agency, instrumentality, or political subdivision thereof
organized pursuant to law and any separate entity created by
intergovernmental contract or cooperation only between or among
the state, county, city and county, municipality, school district,
special improvement district, and every other kind of district,
agency, instrumentality, or political subdivision thereof.

S 24-10-103 (5), C.RS. (emphasis added).

The CGIA defines "public employee" as including an "authorized volunteer of the public entity"
and defines "authorized volunteer" as "a person who performs an act for the benefit of a public
entity at the request of and subject to the control of such public entity." S 24-1O-103(4)(a),
C.RS.4

3 The six areas where the State has waived its immunity are: the operation of a motor vehicle; the
operation of public hospitals, correctional facilities and jails; a dangerous condition of any public
building; a dangerous condition of a public highway or street; the operation of a public water,
gas, sanitation, electrical, power or swimming facility. S 24-10-106(1)(a) through (t), C.RS.

4 The CGIA, section 24-10-103 (4)(a), C.RS., defines a public employee as:
[A]n officer, employee, servant, or authorized volunteer of the public
entity, whether or not compensated, elected, or appointed, but does not
include an independent contractor or any person who is sentenced to
participate in any type of useful public service. For the purposes of this
subsection (4), "authorized volunteer" means a person who performs an act
for the benefit of a public entity at the request of and subject to the control
of such public entity.