Bill Morem: City safeguard for public art is a little odd

The future of the planned Veterans Memorial in Atascadero has taken an unexpected turn. It seems the city’s relatively new attorney, Brian Pierik, is urging the City Council to attach a liability agreement to the memorial — not just a liability clause to cover construction of the monument, as is standard procedure for most donated municipal art pieces, but a $1 million liability policy to last in perpetuity.

The Atascadero Veterans Memorial Foundation, the group that would be on the hook for the premiums, is understandably outraged.

The idea of giving Atascadero a veterans memorial —a patriotic plaza, valued between $300,000 and $500,000, that will be accepted into the city’s parks portfolio—and then saddling the donating organization with open-ended insurance premiums seems, well, bizarre.

Pierik, a partner in the law firm of Burke, Williams & Sorensen—the same firm that provides legal advice for the Los Osos Community Services District—says such an arrangement is standard.

Not that I could find. Local officials from city managers to risk assessment officers to public art coordinators said they don’t saddle art donors with maintenance insurance policies.

So, why is Atascadero taking this tack?

Is it because the foundation will be in charge of maintenance of the memorial, and the city must be protected if someone is hurt while picking up trash, replacing flags or erasing graffiti?

I may be a poor judge of character, but for the life of me, I just can’t see the foundation suing the city for the gift it’s giving. But if that is indeed the case, simply have the foundation sign a waiver that lets the city off the hook.

If the real intent is to indemnify the city from a possible lawsuit by a citizen who may hurt himself or herself on the memorial, doesn’t the city already have insurance for that possibility?

What about other city-owned property? It must be covered for liability.What about Charles Paddock Zoo? Or slides in city parks, for that matter?

Foundation member Ann Hatch has done some homework on donations of public art and liability. She contacted the state Attorney General’s Office, state Insurance Commissioner’s Office and Bob Doubek, founder of the Vietnam Veterans Memorial in Washington, D.C. Hatch was urged by all not to sign the contract.

In fact, the Attorney General’s Office wrote up a seven-page alternative contract. The foundation will present that to the City Council on Tuesday when it discusses the issue.

If the council approves Pierik’s proviso, the move could set an ugly precedent in public art. Would you, as an artist, donate a piece of your work if you had to maintain it and indemnify the city in perpetuity? Doubt it.

It’s not uncommon for city attorneys to want zero risk for their clients—and that’s laudable. But the city has options in this instance, and the insurance proviso of a maintenance contract shouldn’t be among them.

Editor’s note: Sunday columnist Bob Cuddy will return next week.