The Erie County Board of County Commissioners voted unanimously on Aug. 19 to issue a special event permit for the Imogene Pass Run, after commissioners discussed the permit’s indemnification language, insurance certificate details and the county’s redaction policy for personal contact information.

A commissioner raised a concern about permit paragraph 4, which limits the permittee’s indemnity "to the extent that such property damage or bodily injury is directly caused by the negligent act or omission of the permittee," asking whether the conditional language could invite later litigation if an injury is blamed on the road condition rather than permittee negligence. County legal counsel, identified in the transcript as Attorney Casselli, said the language has been used for some time and that the county likely would have qualified immunity under recent case law; Casselli said the county had revisited the language before for larger commercial productions.

Commissioners also questioned why the permit’s insurance certificate listed the county only as a certificate holder rather than as an additional insured, a difference staff noted on the insurer's certificate of insurance in the packet. Staff explained the certificate in the packet showed the county as a certificate holder, not a named additional insured.

Separately, commissioners debated whether the permit submitter’s authorized-agent contact information should be redacted in the board packet. Staff explained the county redacts personal contact information (a Gmail address and personal cell number) from public packets but said county departments — sheriff, EMS and others — receive unredacted contact details during interdepartmental review. Commissioners asked staff to notify future applicants that serving as an authorized agent will make their contact information publicly accessible in the packet unless they provide a business contact.

The board also discussed a nearby closure on Tomboy Road in San Miguel County and confirmed the route would remain open to pedestrians and bicycles for the race; staff noted the permit included a note about the Crabbed (cribbing) repair and that event organizers said they would provide staff at that location.

A motion to approve the permit and authorize the chair’s signature was made and carried unanimously.