HomeMy WebLinkAboutResolution 2012-31 Worker's Compensation Insurance - VolunteersCITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
REQUEST: Adopt Resolution Providing Workers' Compensation Coverage for
All City Volunteers and Committee/Commission Members
SUBMITTED BY: Frankie Riddle, Director of Special Programs
DATE: May 24, 2012
CONTENTS: 1. Resolution
2. Volunteer Acknowledgement of Workers' Compensation Form
3. California Labor Code Section 3363.5
Recommendation
1. Waive further reading and adopt Resolution No. 2012-31 relative to
providing Workers' Compensation Insurance Coverage for all City of Palm
Desert Volunteers and Committee/Commission Members;
2. Approve Volunteer Program Acknowledgment of Workers' Compensation
Form; and
3. Rescind Resolution Nos. 02-76, 04-23, 09-73, and any other resolutions that
may exist pertaining to volunteers of the City.
Executive Summary
After reviewing insurance coverage for some of the existing volunteer groups that assist
the City with various programs and projects, it has become apparent that a resolution is
not in place for all groups. As such, the attached resolution will cover existing
volunteers, as well as any future volunteers that the City may utilize including
Committee and Commission members whom are technically considered volunteers.
The resolution addresses workers' compensation coverage for all volunteers of the City
while performing actual duties as directed by the City. Coverage is for the time period
that volunteers arrive at the assigned event, facility, or other designated location until
the end of the event when services are no longer required or upon departure from the
assigned facility or location.
Background
The Risk Manager requested that a resolution be in place for volunteers that assist the
City of Palm Desert. However, staff could only locate a few resolutions that were
Staff Report
Adopt Resolution Providing Workers' Compensation Coverage for All City
Volunteers and Committee/Commission Members
May 24, 2012
Page 2
approved for specific groups (i.e., Citizens on Patrol, Sister Cities, and Golf Cart Parade
volunteers). After some research, it became apparent that resolutions were not in place
for several existing volunteer groups (i.e., Youth Committee alternates, Visitors Center,
Art Docents, Committee and Commission members, etc.); nor did a resolution address
the potential for future volunteers. Approval of the attached resolution by City Council
authorizes workers' compensation coverage for existing volunteers, as well as any
future volunteers that the City may utilize. Per the City's insurance representative, the
attached resolution has been prepared for City Council approval, as well as the
attached Volunteer Program Acknowledgement of Workers' Compensation Form, which
will be completed by respective volunteers.
Fiscal Analysis
Although the full cost to the City's Workers Compensation Plan is currently unknown, as
it is based on volunteer hours served, there will be a fiscal impact to the program.
However, staff anticipates that any financial impact will be minimal. Furthermore,
approval of this resolution provides that workers compensation is a volunteer's
exclusive remedy for any injuries suffered while performing their volunteer duties,
protecting the City from future legal claims/actions from such injuries.
Submitted By:
Fran 'e Riddl
Director of Special Programs
Reviewed By:
Steohen Y: Aryan
Risk Manager
Approval:
M. Wohlmuth
Manager
CITY COUNCIL A CMON
APPROVED DENIED
RENEIV�D OTHER,�_
MEETI G .:
AYES•
NOES:
ABSENT:
ABSTAIN: -
VERIFIED BY-.JZ
Original on File with
's Office
RESOLUTION NO. 2012 — 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR
CITY VOLUNTEERS, COMMITTEE AND COMMISSION MEMBERS
PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR
CODE; AND RESCINDING RESOLUTION NOS. 02-76, 04-23, 09-73, AND
ANY OTHER RESOLUTIONS THAT MAY EXIST PERTAINING TO
VOLUNTEERS OF THE CITY
WHEREAS, the City of Palm Desert finds its best interest will be served by utilizing
volunteers in the provision of certain government services (e.g. Youth Committee, Public Art
Docents, Visitors Center, etc.); and
WHEREAS, said volunteers should be eligible for Workers' Compensation Insurance
while on duty.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Palm Desert, California, does hereby:
Find and determine that the public interest is best served by providing Workers'
Compensation Coverage for volunteer workers as specified by the City Manager.
2. Provide eligibility for said volunteers for Workers' Compensation benefits, which will
be applicable during the time the person actually performs volunteer services,
provided, however, that the rights of volunteers shall be limited as set forth in the
Labor Code.
3. Rescind its Resolution Numbers 02-76, 04-23, 09-73, and all previous resolutions
that may exist pertaining to volunteers of the City.
PASSED, APPROVED, and ADOPTED at regular meeting of the City Council of the
City of Palm Desert, California, held on this 24th day of May, 2012, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CITY OF PALM DESERT
VOLUNTEER PROGRAM
ACKNOWLEDGEMENT OF WORKERS' COMPENSATION
I hereby acknowledge that as a volunteer for the City of Palm Desert in the capacity of
I am not an employee of the City, but
that I am covered under the City's workers' compensation plan since the City has
adopted a resolution extending workers' compensation coverage to certain volunteers in
specified categories pursuant to Labor Code Section 3363.5.
As a volunteer who is covered under the City's workers' compensation plan, I expressly
agree and acknowledge that workers' compensation is my exclusive remedy for any
injury suffered while performing said volunteer duties, and that I cannot and will not
seek to bring any other claim or actions of any type whatsoever against the City, its
employees, officers, agencies, other volunteers and officials.
Date:
Signature:
Print Name:
Parent or Guardian Signature (if minor):
Witness:
CA Codes (lab:3350-3371)
Page 6 of 11
3363.5. (a) Notwithstanding Sections 3351, 3352, and 3357, a person
who performs voluntary service without pay for a public agency, as
designated and authorized by the governing body of the agency or its
designee, shall, upon adoption of a resolution by the governing body
of the agency so declaring, be deemed to be an employee of the agency
for purposes of this division while performing such service.
(b) For purposes of this section, "voluntary service without pay"
shall include services performed by any person, who receives no
remuneration other than meals, transportation, lodging, or
reimbursement for incidental expenses.
3363.6. (a) Notwithstanding Sections 3351, 3352, and 3357, a person
who performs voluntary service without pay for a private, nonprofit
organization, as designated and authorized by the board of directors
of the organization, shall, when the board of directors of the
organization, in its sole discretion, so declares in writing and
prior to the injury, be deemed an employee of the organization for
purposes of this division while performing such service.
(b) For purposes of this section, "voluntary service without pay"
shall include the performance of services by a parent, without
remuneration in cash, when rendered to a cooperative parent
participation nursery school if such service is required as a
condition of participation in the organization.
(c) For purposes of this section, "voluntary service without pay"
shall include the performance of services by a person who receives no
remuneration other than meals, transportation, lodging, or
reimbursement for incidental expenses.
3364. Notwithstanding subdivision (c) of Section 3352, a volunteer,
unsalaried member of a sheriff's reserve in any county who is not
deemed an employee of the county under Section 3362.5, shall, upon
the adoption of a resolution of the board of supervisors declaring
that the member is deemed an employee of the county for the purposes
of this division, be entitled to the workers' compensation benefits
provided by this division for any injury sustained by him or her
while engaged in the performance of any active law enforcement
service under the direction and control of the sheriff.
3364.5. Notwithstanding Section 3351 of the Labor Code, a
volunteer, unsalaried person authorized by the governing board of a
school district or the county superintendent of schools to perform
volunteer services for the school district or the county
superintendent shall, upon the adoption of a resolution of the
governing board of the school district or the county board of
education so declaring, be deemed an employee of the district or the
county superintendent for the purposes of this division and shall be
entitled to the workmen's compensation benefits provided by this
division for any injury sustained by him while engaged in the
performance of any service under the direction and control of the
governing board of the school district or the county superintendent.
http://www.leginfo.ca.gov/cgi-binldisplayeode?section=lab&group=03001-04000&file=33... 5/16/2012