Gov. Lamont Issues First Veto Of 2022: Here's What You Need To Know

CONNECTICUT — Gov. Ned Lamont vetoed a bill related to police pursuits and municipal liability. The veto was his only one to date in 2022.

Lamont wrote in his veto message that the issue of governmental immunity is complex, according to CT News Junkie. He suggested lawmakers meet with municipal leaders to discuss changes to the law.

The bill passed with near unanimous support in both legislative chambers and came in response to a 2020 state Supreme Court decision regarding a fatal crash involving a brief 2012 police chase. The Supreme Court reaffirmed the discretionary nature of police chases and some legal immunities that municipalities possess.

Under existing law, municipalities are generally responsible for the negligence of employees, but there are exceptions when an employee needs to exercise judgement or discretion, according to the state Office of Legislative Research.

The bill included language that would have eliminated the governmental immunity defense when an employee operated a municipal motor vehicle, even if actions required discretion.

The Connecticut Conference of Municipalities, which advocates on behalf of the vast majority of Connecticut municipalities, opposed the bill.

CCM lawyer Thomas Gerarde testified that the bill would remove legal protections when a fire truck, ambulance or police car responds to an emergency. Current law already allows an injured person to receive damages if they were, for example, hit by a public works truck that went through a stop sign, he said.

“Eliminating the possible immunity for emergency operators will have a chilling effect on volunteers,” Gerarde said. “For the vast majority of towns, the fire department and town ambulance company is comprised of volunteers. Who would want to volunteer if this immunity shield is removed?”

The Connecticut Trial Lawyers Association supported the bill and said in testimony that it would bring municipal liability protections in line with those of the state.