Lawsuit fallout prompts move to eliminate New London tree commission [The Day, New London, Conn.]

May 18—NEW LONDON — A "large, adverse" civil judgment paid out by the city last year could lead to the dissolution of a little-known commission and the repeal of 14-year-old tree inspection and maintenance standards.

The City Council on Monday will discuss a proposal to dissolve the Shade Tree Commission, which is staffed by Inland Wetlands Commission members.

A related item calls for the repeal of the city's arboricultural standards and specifications, those rules approved by the commission in April 2010 that detail the city's tree planting, inspections, maintenance and removal responsibilities.

The proposals stem from a negligence case filed by a landscaper injured by a tree that fell during a storm in the Ocean Beach area in 2019. That case ended last year with the city and its insurance carrier paying an undisclosed amount to the plaintiff who alleged the city failed to properly care for the fallen tree.

"Typically, a municipality would have governmental immunity from these types of negligence claims," according to an overview document prepared by the office of city Law Director Jeffrey Londregan.

But the 2010 tree standards rules, later adopted by the council, made tree maintenance in New London a "ministerial act," or required one, rather than a discretionary call.

That maintenance section lays out specific tree management standards, including the pruning of all shade trees at least every 10 years. The city is also required to correct any public tree hazards caused by growth, age or disease under the rules.

The council on Monday will be asked to shift tree maintenance authority to the city's tree warden, a move that would again make any tree care decisions a discretionary act under state statutes.

The recommendation states that this would reinstall the city's governmental immunity defense to any future negligence claims involving damage caused by city trees.

Public Works Director and interim Tree Warden Brian Sear said the 2010 rules, while laudable in their intent, were impractical in practice.

"I think it was more of a feel-good thing that didn't make for a good governmental policy," he said.

Sear said his department, which is responsible for the roughly 2,500 shade trees dotting New London's green spaces, must work within the confines of a modest tree maintenance budget.

"So, immediate issues get priority, things like trees pushing up sidewalks or responses to everyday concerns raised by residents, along with some pro-active inspections and treatment of trees," Sear said. "But this change will not change how we do about doing that work."

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