Responsibility - denied

An interesting stance

Last night, I was called to testify before a townaship board regarding our findings and corrective action taken for two sewer lateral and line replacements.

Both had been inspected by their PI at the time of installation. Both had crown-vented house traps, which is illegal. However, the real problem we discovered during our video inspection, was the 40'-long belly that remained full of sewage. Upon excavating, we discovered the installer had run into a vein of rock and decided to simply raise the line to run over the top, rather than jack-hammer a trench through the rock. Oops! 10'-deep trenches, so no wonder they wanted to finish quickly. No crushed stone was laid beneath the SDR-35, so it settled along with the over-excavated trench. Both had been inspected - and passed. The owners were seeking some compensation from the twp and are going after the GC and his mechanical sub too.

The twp board told the owners that they (the twp) bears no responsibility - even if their PI failed to perform his duties correctly! Man, if the shoe was on the other foot...............

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it is getting to the point

where we will have to grab our shovels and pitchforks and run down to town hall and then DC and clean house, ohhh didn't you know???...in the ol USA none of us are responsible for anything!!! It's not my fault, it's the other guy, I didn't "mean" for that to happen, you shouldn't have been there, I didn't see it, I didn't know, the sun was in my eyes, it was an accident, we were unable to foresee that, there was no way to tell, it was inevitable, my kid wouldn't do that, and....your call is important to us, please stay on the line and a customer service rep will be with you before the end of the year.

Municipal Officials

Are with few exceptions indemnified in the performance of their official duties. I do not have chapter and verse on this, but the concept is that the abuse of enforcement against officials would have a chilling effect on the performance of proper official duties.

Misfeasance is covered, malfeasance is not. Nonfeasance has to demonstrate malintent in order for that to be prosecutable. I will have to dig deeply into my law resources to find out more, and anyone more knowlegeable, please chime in.

Mistakes

A certain level of indemnity is necessary to attract and protect government officials from those going after the "deep pocket" theory in a frivilous manner. That being said, vote them out. If they are appointed vote out those doing the appointing. There is force in numbers or "in unity there is strength". A good politician will respond if they receive ten or more calls or letters as this gets attention. In our state a prison was built and finished in a town under 1000 people. They fought it from the beginning and no prisoner ever occupied it. It became the state police academy. It also ended the career of the then governor (Mike Dukakis) and he lost his bid for president. Persistance pays.

Leo