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<br />e <br /> <br />e <br /> <br />- <br /> <br />greater personal liability of the council. Mr. Gleason stated that it does not. <br />The agent approach is not a new method, should there be a challenge of whether <br />the City is an agent or not. A certain amount of liability is carried when a <br />person is elected councilor. However, the question is whether the CETA program <br />in the City of Eugene should be continued. Mr. Obie stated that every year, <br />some groups do not make the cut list and have made allegations. If the council <br />runs into problems of allocated revenues, he would like to know that that <br />liability would not fall back on the council. Mr. Gleason assured him that it <br />would not. It is not enough to say that the City is the agent; it must also be <br />carried out by action. Mr. Obie asked how long the council should endorse the <br />changed process. Mr. Gleason stated that he would recommend that this be looked <br />at as a short-term situation for 30-60 days and he would not recommend it <br />indefinitely. Mr. Obie asked if there is a problem with extending this for <br />90 days. Mr. Gleason said that the issue is managing the tort liability situa- <br />tion and of making the subcontractors agents. At some point, City staff would <br />need to think about that relationship anyway. One problem now is that there <br />are two titles to the CETA program regarding government or public employment. <br />The other CETA program is employment and training between contractors and <br />private business. If we lose this program, it affects the capacity to offer a <br />quality CETA program. The City is trying to stabilize the program and if it <br />cannot be done, then the City will not want to be involved. Mr. Obie asked if <br />there would be a problem with approving this proposal for 90-120 days. Gary <br />Long stated that the longer it goes, the greater the risk. Mr. Gleason stated <br />that staff recommendation is for a mandatory review by the council in 30 days <br />and if a solution does not appear imminent, to have a cutoff of this portion <br />of the program in 60 days. Mayor Keller stated that if other cities in the <br />state are in a similar situation, this.could likely be the No.1 priority for <br />both the League of Oregon Cities and the National League of Cities. He sugges- <br />ted contacting Steve Bauer of the League of Oregon Cities. <br /> <br />Stan Long stated that Mr. Obie had asked about personal claims against the <br />council. The nature of the claim determines whether there is personal liability. <br />If it is a personal action of an illegal act, then the City or a councilor could <br />be responsible. Mr. Gleason noted that the reason this is coming to the council <br />is because of this possibility of increased liability. This is primarily a <br />management problem, but the council must decide if they wish to be in a poten- <br />tial risk environment. <br /> <br />Betty Smith stated that because of a high degree of interest in this prob- <br />lem, that she would urge council to have questions referred to Gary Long or <br />to Randy Miller. <br /> <br />Ms. Wooten noted support for changing the status of the program for a short <br />time, but does not feel comfortable having the program terminated within 60 <br />days. It is possible that the Department of Labor could hold this up. Many <br />things could occur in that time, even though final resolution may not be reached <br />within the 60-day period. <br /> <br />MINUTES--Eugene City Council <br /> <br />February 11, 1981 <br /> <br />Page 6 <br />