No action taken at special meeting to discuss city liability issues

Wednesday, April 4, 2012

— A special meeting of the Gravette City Council last Monday evening “to discuss city liability and responsibility for personal property” ended with a reminder that “tort immunity” protects the city involving claims against the municipality.

The meeting was called at the request of council members Jim Denver and Tina Crose, with concerns about possibly paying for damages.

The question arose after a plumber was paidto determine if damage caused by an overflowing washing machine in a residence was the result of the city turning off water at the residence. The overflow occurred when water service was restored.

Mayor Byron Warren, who said he authorized the plumber to inspect the machine to determine the reason for its malfunction, said, “The city needed to know the cause.”

Warren said no repairs were made, and the city didn’t pay for any damages.

“I would like to see us come up with a writtenpolicy,” said alderman Jimmy Denver.

City Attorney Tom Smith reminded the council that the city is protected by “tort immunity” from paying for such damages. The state is also protected by the same law.

After Smith related the law governing such circumstances, the meeting, which lasted about 25 minutes, ended with no action proposed or taken.

News, Pages 3 on 04/04/2012