City attorneys tell Cottage Grove council to 'stay in your lane' and avoid personal liability

Tamara Russell, general counsel for City County Insurance Services, and Carrie Connolly of Local Government Law Group gave the Cottage Grove City Council a focused training about what elected officials may and may not do without triggering legal or insurance exposure. The presentation, delivered during the council’s March 23 meeting, outlined practical rules under the city charter and state law and included a caution about social media and public-records retention.

Russell told the council that the most effective elected bodies are those that operate “as a team” and emphasized the legal importance of acting through a majority of the council rather than as individuals. She explained that when councilors exceed the authority granted in the charter, ordinances or council rules they can fall “outside the course and scope of duties,” which may eliminate city indemnification and insurance coverage. “When you step outside of those roles … personal liability attaches,” she said.

Connolly and Russell walked members through the Oregon Tort Claims Act and common claim types, saying the city routinely sees suits alleging abuse of discretion, defamation and constitutional violations. Russell said damages caps rise annually and that the city’s insurer has paid claims statewide; she added that CIS provides limited reimbursement for certain ethics or public-meetings defense costs if councilors prevail in administrative proceedings.

The attorneys also devoted time to social media. Russell and Connolly urged councilors to keep separate official and private accounts, noting that posts about city business—even from a personal page—can become public records and may trigger First Amendment questions if the account is used in a public capacity. “Labeling something as a private page isn’t sufficient,” Russell told the council, adding that courts apply a context-dependent test to decide whether an account is a government forum.

Both presenters recommended practical steps: rely on staff and the city manager for implementation details, route individual constituent employment complaints through established channels, consult the records custodian on uncertain social-media posts, and keep council discussion to items on the agenda or follow up through future agendized briefings.

The session closed with an offer to answer follow-up questions and a reminder that the training was intended to reduce legal risk by clarifying roles and standard practices. City staff said they will make themselves available for individual follow-ups routed through the city manager.