Arizona Revised Statute 12-820.01 Interpretation
In Arizona, governmental immunity is the exception and liability is the rule. Alliedsignal, Inc. v. City of Phoenix, 182 F.3d 692, 694 (9th Cir. 1999).
The Arizona Revised Statute 12-820.01 (2003), provides in relevant part:
A. a public entity shall not be liable for acts and omissions of its employees constituting either of the following:
The exercise of a judicial or legislative function.
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.
Arizona Revised Statute 12-820.01 is interpreted "with a view to finding immunity only if it clearly applies." Schabel v. Deer Valley Unified Sch. Dist., 186 Ariz. 161, 164, 920 P.2d 41, 44 (App. 1996).