AG Memo - govimmunityroundtables

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

Page 4

It appears that basin roundtables do qualify as public entities because they fall within the broad
definition under the CGIA of "every other kind of district, agency, instnll11entality, or political
subdivision thereof organized pursuant to law." The members of the basin roundtables are
public employees because they serve the public entity without pay, thus qualifying as
"authorized volunteers" under the CGIA. In addition, the State has not specifically waived its
immunity for basin roundtable actions that might result in injuries to private persons. Therefore,
any claim brought against basin roundtables or their members for alleged injuries caused by their
actions generally would be barred by the CGIA.

Risk Management Program

In 1985, the Governor called an extraordinary session of the General Assembly to address the
need for a method to protect the state and its employees against claims brought under the CGIA.
S 24-30-1501(1). During that extraordinary session, the General Assembly passed HB 1001
whose declared purpose was to "create a self-insurance fund, provide a mechanism for claims
adjustment, investigation, and defense, and authorize the settlement and payment of claims and
the payment of judgments rendered against the state." Id. In order to carry out the program, the
Department of Personnel has the power and duty to, among other things, "coordinate and
administer a comprehensive risk management program that serves all state agencies." S 24-30-
1505(1)(a).

The Risk Management Program covers state agencies and employees only.5 The Risk
Management Unit protects the State's human resources and property assets through the
administration of liability, property, worker's compensation and loss control programs. If an
entity is not a state agency and therefore not covered by the Risk Management Program, it must
either buy insurance, self insure, or participate in a coverage pool, such as many counties,
municipalities and special districts do.

In order to determine whether basin roundtables are state agencies under the statute, I have
submitted a request to the Depaliment of Personnel, Division of Human Resources, Risk
Management Unit to request a coverage analysis. I will forward you the Risk Management
response as soon as I receive it.

5 A "state agency" under the Risk Management statute, S 24-30-1502(5)(a), means:
any principal department of the state, any state agency, institution, or
hospital, any board, commission, advisory board, or other entity
established by law within or as an advisory to any existing state
depaliment, institution, or agency, and any state-supported institution of
higher education or other instnll11entality thereof, except as provided in
paragraph (b) of this subsection (5) and in section 24-30-1517(2), and the
legislative and judicial departments of the state.