HomeMy WebLinkAboutMINUTES - 04241990 - 1.26 r 1-026
TO: BOAS D OF SUPERVISORS6_ .
1 Contra
FROM: Costa
Phil Batchelor, County Administrator -Z
County
DATE: April 17, 1990 rA co;K
SUBJECT: LEGISLATION: SB 1980 (Robbins)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECON M ENDATI ON:
Adopt a position in SUPPORT of SB 1980 by Senator Robbins which
would include within the qualified immunity from liability the
receiving and processing of calls for emergency assistance and
the dispatching of emergency services.
BACKGROUND:
Under existing law neither a public entity nor emergency rescue
personnel can be held liable for any injury caused by an action
taken by emergency rescue personnel acting within the scope of
their employment to provide emergency services, unless the action
taken was performed in bad faith or in a grossly negligent
manner. Current law also provides for a presumption affecting
the burden of proof that the action taken when providing
emergency services was performed in good faith and without gross
negligence.
Current law defines "emergency services" as including but not
being limited to first aid and medical services, rescue
procedures and transportation or other related activities
necessary to insure the health or safety of a person in imminent
peril. Emergency dispatching is not specifically included within
the definition of "emergency services" .
Senator Robbins has introduced SB 1980 which broadens the
definition of "emergency services" by specifically including
CONTINUED ON ATTACHMENT: )Le_s YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
K APPROVE OTHER
SIGNATURE(S): X, �&
ACTION OF BOARD ON April 24, 1990 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_Q_UNANIMOUS(ABSENT y ) AND CORRECT COPY OF AN ACTION'TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED APR 24 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please See Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY DEPUTY
"receiving and processing calls for emergency assistance and
dispatching personnel to respond to the calls" .
County Counsel recommends that the Board of Supervisors support
SB 1980 since it would assist in limiting the County' s liability
in cases of injury resulting from an action taken by a law
enforcement or fire dispatcher. This office agrees that it would
be appropriate for the Board of Supervisors to indicate its
support for SB 1980.
cc: Senator Alan Robbins
County Administrator
Vic Westman, County Counsel
Vickie L. Dawes, Deputy County Counsel
Joe Tonda, Risk Manager
Richard K. Rainey, Sheriff-Coroner
William Maxfield, Chief, Consolidated Fire District
Mark Finucane, Health Services Director
Art Lathrop, Director, Office of Emergency Services
Les Spahnn, SRJ. Jackson, Barish & Associates