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Two: Commit to Supporting the City Structure <br />• Another important risk management principle for everyone within the organization is to recognize and honor their role —it is <br />important that everyone "swim in their lane" to avoid risks of liability, including the risk of personal liability! <br />• You have protection from personal liability under Colorado Governmental Immunity Act (CGIA) if you are "within the <br />scope of employment" and not acting "willfully and wantonly." <br />• Means everyone needs to know and respect their "job description." <br />• Conduct that is "outside the scope" or "willful and wanton" can result in a loss of governmental immunity and create <br />liability, including the potential of personal liability for you. <br />Supporting the City Structure <br />• Can also result in potential loss of insurance coverage. Public official liability (POL) policies follow "course and scope" and <br />"willful and wanton" concepts. That is, they extend coverage to elected officials "in their capacity as such" (or similar) and <br />have provisions excluding coverage where liability is based on willful 9 wanton conduct, or malicious, fraudulent, or criminal <br />acts, etc. <br />• The CGIA provides a farm of qualified immunity, but it is not an absolute shield. Similarly, a federal form of qualified <br />immunity protects government officials from liability for civil damages "insofar as their conduct does not violate clearly <br />established statutory or constitutional rights of which a reasonable person would have known." <br />• Recognize that certain liability risks —in particular civil rights claims —can be exacerbated by "bad facts" that suggest (or <br />are perceived to be based upon) retaliatory or reactive conduct. <br />3 <br />