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Gallegos v. Trujillo8/5/1992
-->41-4-10. Although no case has construed the meaning of the word "operation" as used in Section 5-1-1, this court has narrowly construed the term "operation" as used in the Tort Claims Act. See Armijo v. Department of Health & Env't; see also . In Armijo we held that an agency's regulation of a mental health facility was not "operation" of a mental health facility where the agency was not involved in the actual clinical decision-making and thus Section 41-4-9 did not waive the agency's immunity. I. Similarly, in ), this court construed the word "operation" in Section 41-4-5 as not including the design, planning, and enforcement of safety rules for school bus transportation, and in , the phrase "operation of . . . liquid waste collection or disposal" utilities in Section 41-4-8(A) was construed as not including inspection of a private sewer cleanout. In contrast, the bus driver's implementation of the regulations when letting children off the school bus was held to fall within the meaning of "operation."
These cases compel us to conclude that "operation" should not be extended to include funding decisions by a county or the allocation or nonallocation of funds. To extend the meaning of "operation" to such activities would expose governmental bodies to potential liability for virtually every decision made, which we decline to do. Cf. ) (holding that extending the waiver of immunity in Section 41-4-6 for "operation or maintenance of any building" to include state's licensing or inspection of dairy farm or food store "would circumvent the very grant of immunity provided by the Tort Claims Act"). We do not think the legislature intended to equate "providing health care services" within the meaning of Section 41-4-10 and failure to provide additional funding.
Because we conclude that the Board had no duty to provide an ambulance service under Section 5-1-1 and that decisions regarding funding are not to be considered an aspect of the "operation" of ambulance services under either that section or the Tort Claims Act, we hold that the Board's failure to continue funding the ambulance service did not constitute negligent operation of such service and thus the Board's immunity from suit was not waived under Sections 41-4-9 or 41-4-10 of the Tort Claims Act.
Conclusion
We affirm the judgment of the district court.
IT IS SO ORDERED.
THOMAS A. DONNELLY, Judge
WE CONCUR:
PAMELA B. MINZNER, Judge
RUDY S. APODACA, Judge
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