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Board pulls City intergovernmental agreement for further review over liability questions

December 11, 2025 | St Helens SD 502, School Districts, Oregon


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Board pulls City intergovernmental agreement for further review over liability questions
The St. Helens School District board voted to remove the intergovernmental agreement (IGA) with the City of St. Helens from the consent agenda for further review, citing unresolved liability and indemnification questions. The board approved the remainder of its consent items in a single motion.

Director Russell queried who would be responsible if a student were injured while participating in a city-run after-school program on city property used by district students. Administration read the contract's indemnification clause aloud: "Subject to the limitations of the Oregon Constitution and the Oregon Tort Claims Act, the city will indemnify the district, its officers, officials, employees, agents and insurers against any and all liability for personal injury or damage to life or property arising out of or related to the use of district property by the city, including but not limited to program participants under this agreement," staff read.

Board members expressed differing interpretations about whether the district could be held liable for injuries occurring on city property while district programs were operating. Several trustees asked legal staff to clarify the insurance and indemnification language before the board signs the agreement. A motion to remove the IGA from the consent agenda and approve the remainder of the consent items as modified passed on recorded aye votes; the IGA will return for review at a future meeting.

The consent list the board approved included minutes, contracts (PenServe; ODH/Vocational Rehabilitation; Pre-ETS), financial records, ODE lead and water testing grant, the SIA 2025 26 agreement, HR report and other routine items. The IGA with the city (the removed item) remains pending review.

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