1983 - 10-17-83 Regular Meeting - Laserfiche WebLink

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r z T 30D{ i z9~ Mr. Ron Ferris March 20, 1981 the facility is equally available to all on the same terms, and (2) the periods allocated, for exlusive rentals do' not, in the aggregate, deprive 'the general public of substantial, unrestricted public use of the pa'rk facility. My advice would be different if the facility was donaied'to the county with restrictive covenants dedicating the property as a park. for the public, or for public use. The conditions in private dedications of land for public use as parks are construed more strictly than are publie'dedications for the same use. Any doubt as to the validity of a policy excluding the public at certain times might then be resolved in favor of unrestricted access of the general public. 2. ..Would,the,fact that federal funds were used in acquisition sand development of.the•park have any bearing on the issue? 12 I.cannot.say for sure. Would"you furnish me anj relevant-grant documents. or regulations if federal fundo -aretan issue, please9 .x 3.... ,:May, county, employees not on county 'time `(in "other words; d`uring' off-duty, hours) receive cash.-from the lessee 'of'the- facility? Y Generally, yes. You may be aware that off-duty policemen often provide security at civic centers and similar facilities;` and this' strikes•`me`as . similar. I am concerned, however, that implementation of this arrangement may affect two other matters raised in your other questions. If the commission or you as director designate which employ eevilI work t in his. "off,time"'.for a lessee, this might amount to the'kind'of`'control° that is similar to a true employee-employer arrangement. May the designated employee refuse? ,Will you only allow. county "employees on'their own time to' perform these duties,, or, may as lessee .furnish~a-:person, subject `to "your approval? Also, as you point out, county' equipment :'wlll be used by the employees to,maintain the.factlity. In the first place,.,the totality of your control over' the. "off duty?: employee may be enough so that for workmens compensation`.purposesithe:'emPloyee would be. considered:to;be on county time ,aI'.am.not a'-woikmens'-compensa.tion lawyer, but.~the possibility exists that workmene'.compensation:would.apply > If, it does, however., ,it would be because the employee was deemed to be_withln.the` scope of his employment. Thus, the concept that the employee is on'his time would be disregarded. Secondly, your control over the employee may be eo;.pervaeive'ahaE his negligence resulting in injury to others would be attributed'.,to;;the,county 4 rather than the lessee. In other wordahe_might,.b'e considered-the county's agent and employee rather than the lessee!s~.independent contractor.-. Because of these considerations, I would ask you to send me more specific information regarding the employment arrangements. 4. Can a county employee use county equipment during off.duty while being paid by the lessee to maintain that facility?