HomeMy WebLinkAboutRESOLUTION 1989-16Suggested by: Council
RESOLUTION NO. 89-16
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REQUESTING THE 16TH ALASKA STATE LEGISLATURE GRANT RELIEF TO
MUNICIPALITIES AND LOCAL GOVERNMENTS FROM THE IMPLIED LIABILITY
UNDER ALASKA STATUTE 47.37 AS A RESULT OF THE SUPKEME COURT'S
RULING IN THE BUSBY CASE.
WHEREAS, the Supreme Court ruled in August, 1987 in BgsbF vs..
MuniciDal.it¥ of ~nchora~e that law enforcement officials have a
duty t° PiCk up individuals incapacitated by alcohol and drugs
and put them in protective custody, and
·
WHEREAS, this ruling has created an implied liability for
municipalities and the State, and the result has been that the
police may be picking up all individuals suspected of drinking
and putting them in sleep-off facilities, detoxification centers
or jails to avoid a lawsuit, and
WHEREAS, this puts additional constraints upon municipalities and
local governments budgets and manpower without any compensation
from the State of Alaska for providing this type of care to
irresponsible citizens, and
WHEREAS, most local governments are neither equipped or skilled
in dealing with drug users, addicts, alcoholics or drunks and
necessitates a further complication in forcing local governments
to seek-professional medical opinions without providing .......
compensation to the professional health providers or having.
facilities in which to house these individuals, and
WHEREAS, at some point in time, government is going to have to
make individuals start being responsible for themselves as
opposed to the courts forcing government to be responsible to
everybody and everything.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ·
KENAI, ALASKA that the City of Kenai' urges the 16th AlaSka State
'Legislature to enact legislation that would giverelief to ..
municipalities under the Busby ruling that appears to create.
liability for municipalities which have been created beyond the'
control of municipalities.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
of February, 1989.
ATTEST:
this 15th day
IILLIAMS, MAYOR