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Council reads resolution to opt in to state recreational-liability law, tables decision for more information
Summary
Staff read Resolution 434-24 to opt Sumpter into immunity under ORS 105.668 (and related state bill language); council members asked for specifics about liability limits and agreed to table the resolution to December pending research.
Council reviewed a staff-drafted resolution (Resolution 434-24) that would have the city "opt to limit its liability with respect to personal injury or property damage resulting from use of a trail that is in the public easement or in an unimproved right of way," as read by staff. The text referenced ORS 105.668 and a related House bill. Staff stated the resolution would extend immunity to landowners abutting easements and to nonprofit volunteers who construct or maintain trails.
Several council members asked for a clear statement of the dollar limit or statutory cap on liability and said they did not have sufficient detail in the packet to vote. One council member said, "I don't think it's good that we pass any resolution without knowing the exact contents of what we're passing." The council agreed to table the resolution until December to allow staff to research the statutory limits and return with specific language and any fiscal/legal implications.
