A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following:
Terms Used In Arizona Laws 12-820.01
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Maintenance: means the establishment or continuation in existence of facilities, highways, roads, streets, bridges or rights-of-way by a public entity and does not mean or refer to ordinary repair or upkeep. See Arizona Laws 12-820
- Public entity: includes this state and any political subdivision of this state. See Arizona Laws 12-820
1. The exercise of a judicial or legislative function.
2. The exercise of an administrative function involving the determination of fundamental governmental policy.
B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include, but is not limited to:
1. A determination of whether to seek or whether to provide the resources necessary for any of the following:
(a) The purchase of equipment.
(b) The construction or maintenance of facilities.
(c) The hiring of personnel.
(d) The provision of governmental services.
2. A determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel.
3. The licensing and regulation of any profession or occupation.
4. The establishment, implementation and enforcement of minimum safety standards for light rail transit systems.