Cities should reconsider tree inventory staff

In the interests of saving money and simplifying the tree inspection process, many cities set very basic requirements for the people performing on-site tree inspections and recording the data. Figuring that the inventory staff members only need to make notes on species, sizes, locations and conditions of trees, they typically line up volunteers such as garden club members, Boy Scouts and other non-professional data collectors to identify, inventory and record data on street and park trees.

Such a policy may be penny-wise and pound foolish and may result in a false sense of security, according to Richard Abbot, an urban forestry consultant based in Cuyahoga Falls, Ohio. Since volunteers have little or no formal forestry or horticulture education or training, the accuracy and quality of their data may be questionable, he says. Although cities may save money with volunteer tree inspectors, the liability could come back to haunt them. Abbot notes that, as soon as a tree is inspected, any subsequent damage is considered to have resulted from a known condition – even if the hazard was not apparent to the inspector.

“No matter why a tree fails or when, litigation is certain to follow if there is personal injury or property damage,” he says. “Lawyers will try to show that the inventory inspectors were not qualified or that they missed an obvious hazard. It’s important in our litigious society that governmental entities not leave the slightest detail to chance.”

Eight years ago in Toledo, Ohio, three people were killed when a 36-inch diameter elm tree fell on them during a storm. Prior to the tragedy, a contractor had severed some of the tree’s major roots during a sidewalk construction project. The city ended up paying $400,000 in an out-of-court settlement, while the contractor paid $1 million.

“Whether you have an inventory or not, you’re liable,” says Mike Ganues, supervisor for Toledo’s Division of Forestry. “You have got to have properly trained personnel. Using volunteers to take tree inventories is not a good idea.”

Toledo’s policy is to hire seasonal employees who have completed at least their third year of forestry studies from a major university, Ganues says. Often, such students are hired for summer internships.

Several courts have held that municipalities’ responsibility to protect their citizens and their property includes protecting them from natural hazards, Abbot says. The sovereign immunity defense no longer applies in situations involving fallen trees.

Abbot recommends hiring foresters with degrees, preferably graduate degrees, and with some experience. Such trained inspectors may see hazards – a hollow or rotting trunk, for example – that a less qualified person might miss. “With professional qualifications beyond reproach, lawyers have fewer grounds on which to question the credibility of an inventory report,” he says.