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Council seeks clarity on outreach coverage and liability at encampment sites
Summary
Councilors asked for a clearer map of groups providing services at local encampment sites after staff reported multiple outreach teams and sporadic community groups; the city solicitor said Maine Tort Claims Act generally provides governmental immunity absent narrow exceptions.
At a Jan. 13 Bangor City Council workshop the city reported there is no single comprehensive tracking of every community group that visits encampment sites, and councilors asked staff to compile clearer information about which organizations are working with individuals at those locations.
City staff reported seven people are working with the HOME team (an extension of Penobscot Community Health Care), 27 individuals are working with the PATH team (a subset of Community Health and Counseling Services), and 16 individuals are working with Crossroads, which the council was told provides case management rather than outreach navigation. "There are 27 individuals who are working with the PATH team," staff said when summarizing engagement numbers.
Staff told councilors a community mobile medical team goes out once a week, an overdose-response/outreach team goes out once a week, and a syringe-service provider also visits weekly. Councilor Mallard and others pressed whether the city has an overview of every group that performs outreach, citing concern about coordination and liability when organized groups or faith-based groups operate on or near public property.
Councilor Mallard said that if organized groups are conducting activities — particularly if animals were involved in an event — the city should know who they are before they arrive. "If we do not know who is there, it's still our property that they're on," Mallard said. The point drew questions about whether ad hoc groups presenting meals or activities create a risk for the city.
The city solicitor advised the council that the Maine Tort Claims Act provides government entities broad immunity against most tort claims unless a claim falls into one of the statute's narrow exceptions. "The Maine Tort Claims Act has immunity for government entities with respect to most, well, with respect to tort claims," the city solicitor said, adding the exceptions under the statute are narrow and, in the solicitor's view, the encampment activities described would not fall into those exceptions.
Councilors asked staff to provide a chart showing which organizations are engaging with each person in the encampment population and to request a written opinion from the city solicitor on liability specific to organized group activities on public property. The council said it wants clearer tracking of which community groups are providing services and which individuals each group is working with to avoid duplication of services and to manage potential risks.
