HomeMy WebLinkAbout2010-01-26 City Council Item No. 8CITY OF
LADE LSINOR
,~DPEAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 26, 2010
SUBJECT:
CONSIDERATION OF A CITY VOLUNTEER POLICY
Background
Implementing a volunteer policy is recommended by the Joint Powers Insurance
Authority (JPIA) as a result of a risk analysis conducted for the City in December.
Staff has prepared the accompanying policy both in response to the JPIA and as a
result of working with Mayor Pro Tern Bhutta on a program to increase volunteer
involvement in the City.
The volunteer policy serves as the foundation of existing volunteer efforts and new
volunteer programs.
Discussion
During the past several months, Mayor Pro Tern Bhutta has worked with City staff on
ways to expand volunteer usage on several fronts. A program proposal is being
developed for presentation to the City Council next month.
Mayor Pro Tern Bhutta's interest in expanding the use of volunteers and the timing of
the JPIA's risk analysis were fortuitous in expediting the attached volunteer policy.
The City uses community volunteers for a variety of services and programs that benefit
citizens, the City and the volunteers. Volunteers are required to complete a liability
waiver as a condition of service for the City. However, in order to assure that volunteers
are protected from unforeseen risks, the JPIA recommended that the City develop and
implement a formal volunteer policy.
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City Volunteer Policy
January 26, 2010
Page 2
The volunteer policy incorporates eleven guiding principles, as shown below.
Guiding Principles:
1. Policies and Procedures
That policies and procedures are in place in all areas that directly or
indirectly affect volunteers, their supervisors and those they serve.
2. Management Structures
That the City provides adequate resources to support the effective
management of volunteers in a variety of programs and work settings.
3. Administrative Systems
That administrative systems are in place to ensure that the volunteer
program operates efficiently and that the safety, privacy and rights of
volunteers, paid staff and community members are not compromised.
4. Position Descriptions
That volunteer assignments have clearly written position descriptions
whenever practical.
5. Volunteer Recruitment and Selection
That volunteers are recruited, interviewed and selected in a fair, open and
equitable manner, so that volunteer selection reflects the diversity of our
community.
6. Background Screening and Fingerprinting
That background screening and fingerprinting are used as required under
California law (California Public Resources Code Section 5164), for any
potential volunteer who is 18 years of age and older, who may be
assigned to a position having supervisory or disciplinary authority over any
minor.
7. Orientation, Education and Training
That volunteers are provided with orientation, education and training
where necessary to meet the performance and skill requirements of the
volunteer position.
8. Supervision and Monitoring
That support, supervision and monitoring of volunteer activity appropriate
to the range and level of volunteer involvement is provided.
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City Volunteer Policy
January 26, 2010
Page 3
9. Program Evaluation
That evaluations are used to align volunteer performance with program
objectives, and that feedback is solicited from citizens, volunteers, paid
staff and others in the community, as part of continuously improving the
City's programs and services.
10. Recognition
That formal and informal recognition for volunteer activity and involvement
is provided, including certificates and awards, and that a formal
recognition event at least annually is supported in the City budget,
whenever feasible.
11.Volunteer Program Partnerships
That the City acknowledges the value of partnerships and collaboration
with community groups, the business sector and other stakeholders to
further develop volunteer opportunities, promote volunteering and exercise
the leadership needed to harness the power of volunteers within our
community.
Issues related to Minors
At the previous City Council agenda review session, the volunteer policy was mentioned
with regard to the Mayor's intern program and minors. The volunteer policy addresses
use of minors, background screening (Live Scan) and fingerprinting according to State
laws that require background screening and fingerprinting of persons over the age of 18
who will have contact with, or will be supervising minors.
Under the volunteer policy, and in order to comply with State law, adult volunteers for
youth programs, including City Council members that elect to participate in the Mayor's
intern program, would be subject to background screening.
Prior Live Scan screening by other agencies or employers would not be acceptable in
lieu of a new Live Scan by the LEPD once the volunteer policy is implemented.
Fiscal Impact
The cost to provide fingerprinting and background screening of volunteers-a
requirement for some, but not all, volunteer roles-represents the most significant cost
to implement the volunteer policy.
Live Scan screening is coordinated by the LEPD and is available to the City at a direct
cost of $32 for basic screening. The Riverside County Sheriffs Department has waived
their customary $10 administrative fee as an accommodation to the City.
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City Volunteer Policy
January 26, 2010
Page 4
The cost of Live Scan screening is currently included in the Citizen Corps and individual
Department budgets for FY 2009-2010, but additional volunteer screening would
represent an unfunded cost.
Developing forms and printed materials would be at a nominal cost because J&J (the
City's in-house graphics department) can do the work, in lieu of outsourcing.
Adoption of a volunteer policy is recommended by the JPIA in order to reduce the risk of
liability claims and to better utilize volunteers. The cost of implementing this policy is
modest when compared to the additional protections accorded to the City and the JPIA
on behalf of the City.
Recommendation
Consider adoption of the volunteer policy and direct staff to develop implementation
procedures.
Prepared by: Mark E. Dennis -?2? 0-
Information/Communications Manager
Approved by: Robert A. Brady]
City Manager yam'"
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CITY OF
LADE SLSIIYOR E
i DREAM CITY
VOLUNTEER
POLICY
City of Lake Elsinore
Jan. 26, 2010-N
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VOLUNTEER POLICY City of Lake Elsinore
1/26/2010-N Page 2 of 15
Introduction and Purpose
..............4
1.
Scope
..............4
2.
Definitions
..............4
A.
Community Service Participants
..............4
B.
Minors
..............4
C.
Trainees
..............5
D.
Volunteers
..............5
E.
Youth Program Volunteers
..............5
3.
Recruitment, Qualifications and Management of Volunteers
..............6
A.
What Volunteers Can Expect from the City
..............6
B.
Determining the Risk
..............6
C.
Risk Management
..............6
D.
Minors
..............7
E.
Recruitment Process
..............7
F.
Position (Job) Descriptions
..............7
G.
Application Form
..............7
H.
Waiver and Release Form and the Volunteer Protection Act of 1997
..............8
1.
Interviews
..............8
J.
Reference Checks
..............8
K.
Background Screening and Fingerprinting
..............8
L.
TB Testing (if required)
..............9
M
. Orientation
..............9
N.
Supervision of the Volunteer
..............9
0.
Evaluation of the Volunteer
..............9
4.
Volunteer Rules and Regulations
............10
A.
What the City Expects from Volunteers
............10
B.
Accidents Involving Vehicles
............10
C.
Alcohol
............10
D.
Absences and Tardiness
............11
E.
Attendance and Punctuality
............11
F.
Communications Equipment
............11
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VOLUNTEER POLICY City of Lake Elsinore
1/26/2010-N Page 3 of 15
G.
Confidentiality
.............................11
H.
Customer Relations
.............................11
1.
Dress Policy
.............................11
J.
Driving Record and Insurance
.............................12
K.
Drug Free Workplace
............................12
L.
Expense Reimbursement
............................12
M.
Harassment
............................12
N.
Personal Use of City Property
............................12
0.
Record-Keeping and Reporting
............................12
P.
Reporting Emergencies
............................13
Q.
Safety
............................13
R.
Security
............................13
S.
Smoking
............................13
T.
Software, Internet, E-mail Policy
............................13
U.
Theft/Property Loss
............................13
V.
Use of Tools by Volunteers
............................13
W.
Dismissal
............................14
X.
Ending Volunteer Service
............................14
5.
Responsibility for Volunteer Program Review
............................14
Appe
ndices
............................15
I.
Checklist for Volunteer Program
............................15
ii.
Adult Volunteer Application Form
............................15
iii.
Youth Volunteer Application
............................15
iv.
Parental Release Form
............................15
V.
Volunteer Waiver and Release: No Workers' Compensation...
15
vi.
Sample Job Description
............................15
vii.
Volunteer Performance Review
............................15
viii
. Tool Waiver and Release Form with List of approved hand tools and power
equipment for use
by volunteers
............................15
ix.
Volunteer Incident Report Form (intentionally blank)
............................15
X.
Volunteer Manual (intentionally blank)
............................15
xi.
Volunteer Protection Act of 1997
............................15
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VOLUNTEER POLICY
1/26/2010-N
City of Lake Elsinore
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INTRODUCTION AND PURPOSE
The City Council believes that volunteers are a key resource in the achievement of the City's vision of
building a stronger, sustainable and healthy community for future generations. Volunteers contribute to
the political, social, economic environmental and cultural well-being of the City by:
a. Strengthening community cohesion, social wellbeing and trust;
b. Expanding the ability of the City to respond to the needs of its citizens and provide a range of
services and activities;
c. Engaging the community in protecting the lake and local resources, improving the physical
environment and support for environmental and lake-related issues;
d. Encouraging understanding of, and acceptance of, diversity within our population;
e. Demonstrating that one person can make a difference.
Sound policies, procedures and processes are necessary to support volunteering along with protecting
the safety and welfare of all concerned. Accordingly, the purpose of the City of Lake Elsinore Volunteer
Policy is:
a. To establish an administrative policy and procedures for promoting volunteerism and
connecting volunteers with various service opportunities within the City of Lake Elsinore;
b. To recognize and promote the substantial and ongoing contribution made by volunteers to the
quality of life of our citizens;
c. To help effectively engage volunteers to meet the City's mission, vision and values;
d. As part of the City's commitment to volunteerism, this policy document establishes the
expectations for a productive partnership.
1. SCOPE
a. The volunteer policy applies to all City Departments;
b. The volunteer policy is effective immediately upon adoption by the City Council;
c. Existing department policies and procedures involving volunteers may augment, but are not a
substitute for, this volunteer policy.
2. DEFINITIONS
A. Community Service Participants
Persons that are seeking to participate in City supervised activities for the purpose of satisfying
community service hour requirements imposed by a court or school.
B. Minors
A person under 18 years of age.
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VOLUNTEER POLICY
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C. Trainees
A person participating in City-supervised activities that substantially meet the following
requirements:
1) The purpose of the participation is training;
2) The training is for the benefit of the trainee;
3) The trainee does not displace a regular City employee;
4) The City derives no immediate advantage from the activities of the trainee;
5) The trainee is not entitled to a job following completion of the training period;
6) The trainee understands that he/she is not entitled to wages for the time spent in training.
D. Volunteers
Persons volunteering time and services without any present or future expectation of remuneration
other than meals, transportation, lodging, or reimbursement for incidental expenses. (See California
Labor Code Section 3363.5). This is not an employment relationship and the volunteer is under no
obligation to provide time or duties of resources, other than what he or she chooses to freely
provide. City volunteers must be officially accepted and enrolled by the City of Lake Elsinore prior to
undertaking any volunteer task.
City volunteers include, but are not limited, to:
1) Volunteers who serve on committees or groups that area part of ongoing City-sponsored
services and programs at City venues;
2) Volunteers who serve under the auspices of a City Department;
3) Sworn disaster service works under the auspices of the Lake Elsinore Citizen Corps.
Exceptions:
1) Members of City Council appointed Commissions, such as the Planning Commission and the
Public Safety Advisory Commission;
2) Members of not-for-profit and/or community based and faith-based organizations
delivering services within the community under the auspices of their organizations;
3) Community Service Participants;
4) Trainees.
E. Youth Program Volunteers
Anyone who is likely to have access to minors and includes mentors, coaches, recreation leaders,
instructors, teachers, teacher aides, helpers, or persons engaged in any capacity, which would allow
them to have control or supervision over minors.
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VOLUNTEER POLICY
City of Lake Elsinore
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3. RECRUITMENT, QUALIFICATIONS AND MANAGEMENT OF
VOLUNTEERS
A. What Volunteers Can Expect from the City
Volunteers are individuals who contribute time, energy and service to the City of Lake Elsinore,
which the City acknowledges and supports as a valuable resource.
Volunteers can expect the City to:
1) Provide a clear job description;
2) Provide orientation, training and supervision for the tasks assigned;
3) Provide appropriate workspace, including consideration for disabilities;
4) Provide necessary information about the workplace, agency mission and program goals
needed to carry out assignments;
5) Treat volunteers with courtesy and respect;
6) Respect the value of a volunteer's time by providing work that best matches their
interests, talents and skills;
7) Reimburse volunteers for agreed-upon out-of-pocket expenses;
8) Be receptive to suggestions and comments from any volunteer;
9) Respond promptly to any complaints that are brought to the attention of a supervisor or
City staff;
10) Be treated as a valued member of the City's team.
B. Determining the Risk
1) Before a volunteer position is created by the City, each volunteer position must be
examined to determine its inherent level of risk. The determined level of risk will then
dictate the appropriate mitigation steps required;
2) The supervisor(s) of any volunteer, the City's Risk Manager and Department
Management share responsibility for minimizing any potential risks to the volunteer, the
public, and the City.
C. Risk Management
1) Risk management is intended to mitigate or limit safety risks involved in volunteer work
and related tasks;
2) Before a volunteer begins service, the supervisor is responsible for informing the
volunteer of safe work practices as required for all employees;
3) Any injury to the volunteer or losses to any third party which involve a volunteer must
be reported and processed in accordance with existing City policies. The volunteer
incident report form should be used for documenting injury or loss (see appendix
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D. Minors
City of Lake Elsinore
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1) Persons under the age of 18 must obtain written consent from parent or legal guardian
to volunteer;
2) The minimum age of a City volunteer is 14;
3) Volunteers between the ages of 14 and 15 must be accompanied by a parent or legal
guardian, or other parent-authorized program or school representative during their
service;
4) A volunteer over the age of 15 may provide service without the presence of parent or
legal guardian;
5) Minors may work during non-school hours only, unless a written release giving the
consent of their school or home school is obtained;
6) Minors are not to operate power tools, machinery or City vehicles;
7) Volunteers under the age of 18 will not be permitted to ride along with City employees
in City vehicles without written permission from the parent or legal guardian and prior
permission from the Department Director, under one of the following conditions:
a. The City employee is the parent or legal guardian of the minor who is doing the
ride along;
b. At least two City employees will be in the vehicle at the same time during the
ride along.
E. Recruitment Process
1) The volunteer recruitment process is intended to be open, to allow equal access to
volunteer opportunities and to reflect the diversity of the City of Lake Elsinore;
2) Volunteers must meet the qualifications established for the position and must be able
to perform the specified duties.
F. Position (Job) Descriptions
1) Every assignment or activity for which volunteers are used must have a written job
description, which will provide both staff and volunteers with a clear explanation of the
project scope, start and end date and follow up as needed;
2) Ajob description should include a description of the duties, skills, requirements and
physical abilities needed to perform the job, as well as a description of working
conditions for the job (e.g., working outdoors or indoors, working days or nights, etc.).
G. Application Form
1) An application form is a screening tool that each potential volunteer must complete.
Some departments may have an application form specific to the unique requirements of
a volunteer position; however, a universal volunteer application form must be
completed and kept on file in the Human Resources Department;
2) All volunteers under the age of 18 must have written parental consent. Volunteers
between 14 and 18 years of age must have their parent or legal guardian complete and
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sign the parental information section of the application form before a minor can
participate in a City volunteer program.
H. Waiver and Release Form and the Volunteer Protection Act of 1997
1) The City of Lake Elsinore currently has not adopted a resolution providing workers'
compensation to volunteers. Therefore, all City volunteers must sign the 'Volunteer
Program Waiver and Release' form prior to starting a volunteer assignment;
2) The signed Volunteer Waiver form must be kept on file with the Human Resource/Risk
Management Department Manager;
3) City volunteers are protected under Public Law 105-19; the Volunteer Protection Act of
1997 as signed into law by President Clinton on June 18, 1997. The purpose of this law is
to reform laws to provide certain protections from liability abuses related to volunteers
serving nonprofit organizations and governmental entities.
1. Interviews
1) All persons applying for volunteer positions will be interviewed;
2) The interview will offer the prospective volunteer the opportunity to learn about the
volunteer positions and will help determine the qualifications, ability and suitability of
the individual to perform work on behalf of the City;
3) For some positions, depending on the level of risk, more than one interview may be
required;
4) In considering staff for any volunteer position, note that the Federal Labor Standards
Act (FLSA) prohibits employees from volunteering to do the same activities that they are
normally paid to perform. Staff may, free of coercion, volunteer to carry out activities
not significantly related to their paid positions and may do so only outside of their usual
paid hours.
J. Reference Checks
1) Volunteers may be required to provide personal references upon request, with the
expectation that references may be used to help determine the suitability of an
applicant for the position;
2) For any volunteer who will be interacting with minors, references must be checked.
K. Background Screening and Fingerprinting
1) By State law, some positions involving interaction with minors require volunteers to
submit to a police background check and fingerprinting, which will be arranged through
the Lake Elsinore Police Department and coordinated with the Human Resources
Department. Certain volunteer positions may be unsuited for an applicant depending on
the results of a police background check;
2) The City of Lake Elsinore may also require fingerprinting and a background check (Live
Scan) for volunteer positions involving cash handling, confidential information, or
others;
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3) In certain cases, a potential volunteer may be denied or referred to a more suitable
placement, as warranted.
L. TB Testing (if required)
1) As determined by the City's Human Resource Manager, some volunteer positions may
be required to meet the same health requirement under California Public Resources
Code 5163, which requires that City and County recreational employees in a position
requiring contact with children, or food service, to have on file with the City or County a
certificate showing that within the past two years the person has been examined and
has been found to be free of communicable tuberculosis;
2) For persons with a positive TB skin test reading, a physician's medical clearance must be
obtained prior to services being provided as specified above.
M. Orientation
1) All volunteers must be given proper orientation to the position to which they are
assigned before commencing their work assignment. An orientation can be provided
either by staff or another volunteer;
2) It is the supervisor's responsibility to ensure the orientation is carried out.
N. Supervision of the Volunteer
1) Supervision, including regular contact with participants or one-on-one interaction on a
continual basis, is essential for guiding volunteers and to ensure success in their
performance;
2) Each volunteer will have an on-site contact and is expected to follow the procedures
and instructions by their staff supervisor. The job description identifies a supervisor and
related job duties. The supervisor will be responsible for day-to-day management and
guidance. The supervisor will provide periodic feedback and encouragement;
3) The supervisor is the first in the chain of command for any questions about assignments,
scheduling, injury and accident reporting, and conflict resolution.
0. Evaluation of the Volunteer
1) Evaluating a volunteer's performance is the responsibility of the immediate supervisor,
2) Evaluations should be scheduled and conducted by the supervisor in a constructive
manner. In addition to aiding the volunteer to succeed, the evaluation should also
assess the program objectives in relation to a volunteer's performance, to identify
opportunities for improving program participation and the volunteer experience;
3) Periodic oral evaluations for all volunteers will be made to help determine if the
volunteer is satisfied or comfortable with the job duties that have been given, and to
manage job performance through the appropriate level of supervision or instruction;
4) Volunteers should be encouraged and given the opportunity to make comments and
suggestions on assignment improvements, as well as a self assessment of performance;
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5) It is a supervisor's responsibility to complete the Volunteer Evaluation Form, which
serves as a tool to document performance and to ensure consistency in the
performance assessment process. Copies of this form are to be kept on file with the
Human Resource Manager;
6) All written evaluations should be signed, dated and kept on file for reference.
4. VOLUNTEER RULES AND REGULATIONS
A. What the City Expects from Volunteers
Volunteers who make a commitment to the City are accountable to their City supervisor(s), co-
workers and the people they serve.
The City of Lake Elsinore expects volunteers to:
1) Read and follow the City's volunteer policy;
2) Learn their responsibilities and duties and perform them to the best of their ability;
3) Report to duty on time and as scheduled;
4) Keep confidential or sensitive information confidential;
5) Accept the supervisor's authority and communicate effectively with the supervisor;
6) Work cooperatively with fellow volunteers, City employees and others;
7) Practice safety at all times;
8) Immediately report all on-the-job accidents/injuries and unsafe procedures, conditions
or procedures to the supervisor;
9) Use good personal hygiene and grooming habits, as well appropriate dress, for
volunteer work assignments;
10) Provide adequate notice before terminating the volunteer relationship;
11) Return all City property in a timely fashion;
12) Share ideas and suggestions with City staff as part of the planning and/or program
evaluation process.
B. Accidents Involving Vehicles
Volunteers are not authorized to operate City vehicles. In the event of an accident involving a
volunteer's own vehicle, immediately contact the Lake Elsinore Police Department. The
volunteer should also notify the supervisor, who will be able to assist with further
documentation requirements, including filing an accident report with the Human Resources/Risk
Manager.
C. Alcohol
Volunteers may not consume or possess alcoholic beverages on any City premises or while
conducting any City business. Volunteers who violate this policy are subject to immediate
dismissal.
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D. Absences and Tardiness
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Unexcused absences and tardiness may lead to dismissal. The supervisor should be notified
about any absence in a timely manner. Arriving on time is expected of volunteers just as it is for
City employees.
E. Attendance and Punctuality
Volunteers are expected to always be prompt and on time in reporting for their assignment.
Being late is discourteous to others. When unforeseen circumstances arise, it is up to the
volunteer to notify their supervisor about being late or to give advance notice of the need to be
excused. Failure to appear or to notify a supervisor about missing a shift may result in dismissal
from the volunteer program.
F. Communications Equipment
1) Telephone
a. Volunteers may use City telephones for authorized business, but are prohibited
from calling from City phones for personal use.
2) Radios
a. Two way radios may be provided by the City for event management, Citizen
Corps/CERT training and emergency functions. Such equipment is for authorized
City uses only and is to be returned to the City promptly, or as directed.
b. Lost, stolen or damaged communications equipment is to be reported to the
supervisor immediately.
G. Confidentiality
Private, sensitive or confidential information discussed or handled within the course of a
volunteer assignment must be kept strictly confidential. Volunteers are required to uphold this
policy. Private, sensitive or confidential information is not to be shared. Any questions about
what information is appropriate to release or discuss should be communicated between the
volunteer and their immediate supervisor.
H. Customer Relations
A volunteer is also a City ambassador, and should conduct City business with staff and the public
in a customer-friendly manner.
1. Dress Policy
Volunteers are expected to dress and groom in accordance with accepted business standards as
defined in the City's dress code, particularly if theirjob involves dealing with the public.
Volunteer attire must be clean and non-offensive and not interfere with personal safety in the
work environment.
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J. Driving Record and Insurance
1) Volunteers whose service requires operation of a motor vehicle must maintain a valid
driver's license and proof of insurance. Any change in either must be reported to the
supervisor immediately.
2) Automobile insurance follows the automobile. If driving one's own vehicle, even while
on City business, the volunteer's insurance will be applicable on a primary basis per the
California Vehicle Code, CVC 17152.
3) Liability insurance is provided to a City volunteer under the City's general liability policy,
so long as the volunteer is acting within the scope and course of assigned duties.
K. Drug Free Workplace
Any volunteer who uses, brings, possesses or is suspected of being under the influence of any
form of narcotic, drug, or hallucinogen, except prescribed drugs and under the direction of a
physician, is subject to immediate dismissal. In addition, any volunteer who transfers, sells or
attempts to sell drugs on City property or while on City business, at any time, is subject to
immediate dismissal.
L. Expense Reimbursement
Pre-approved out-of-pocket expenses may be reimbursed by submitting a request for
reimbursement form to the supervisor for approval. The reimbursement request must be
accompanied by a receipt for purchase or invoice. Reimbursement requests are subject to petty
cash limits, which may require the supervisor to process a check request according to the City's
purchasing procedures.
M. Harassment
All City workers have a right to work in an environment free from all forms of discrimination and
conduct which can be considered harassing, coercive or disruptive. Consistent with the City's
respect for the rights and dignity of each employee and volunteer, harassment based on race,
color, religion, sex, national origin, age, disability, sexual orientation or any characteristic
protected by law, will not be sanctioned or tolerated.
N. Personal Use of City Property
Personal use of City property by City volunteers is not allowed and may result in dismissal.
Personal use includes, but is not limited to, borrowing power tools, hand tools, equipment,
supplies, City vehicles, trailers, generators and unauthorized duplication of City keys.
0. Record-Keeping and Reporting
Accurate records of time and attendance must be kept for all volunteers. A sign in log,
timesheet, or other form may be used for tracking volunteer participation for statistical or other
reporting needs.
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P. Reporting Emergencies
In the case of a medical emergency, accident, or injury, report it immediately. The Supervisor is
responsible for completing any related forms and reports required by the Human
Resources/Risk Manager.
Q. Safety
Safety is everyone's job. Volunteers are to be trained to be alert at all times to safety
precautions and hazards. Unsafe conditions should be reported to a supervisor at once.
R. Security
1) Volunteers are to become familiar with the security provisions of their assigned work
areas. As necessary, volunteers will be provided with security permissions related to
their work areas, to facilitate ease of entry and access.
2) Volunteers are responsible for the security of their personal belongings and vehicles
while working for the City.
S. Smoking
Smoking is prohibited in all City facilities, including City vehicles. Volunteers and employees who
wish to smoke may do so outside a City facility in designated smoking areas.
T. Software, Internet, E-mail Policy
1) The City requires computer-using volunteers to read and sign a copy of the City's
Software, Internet and E-mail Policy, and to adhere to this policy;
2) Volunteers acknowledge that all computers, software and computer information or data
is City property, therefore, those who use City computers cannot assume any right to
privacy in such use;
3) Volunteers are prohibited from unauthorized copying of software from City Computers,
or downloading or installing software of any kind onto City computers;
4) Volunteers must adhere to the City's policy governing appropriate use of the Internet;
5) Volunteers acknowledge that use of City e-mail is a public record and that there should
be no expectation of privacy in such use.
U. Theft/Property Loss
Theft of any kind will not be tolerated and is grounds for dismissal. Removal of City property for
personal use is considered to be unauthorized use or the taking of City property. The crime of
theft is subject to prosecution.
V. Use of Tools by Volunteers
1) In general, subject to approval of City staff, volunteers may use office equipment,
recreational equipment and supplies, unpowered hand tools provided by staff and, with
proper training and permission, some power equipment in the completion of the
designated project or service;
CC January 26, 2010 Item No. 8
Page 17 of 37
VOLUNTEER POLICY City of Lake Elsinore
1/26/2010-N Page 14 of 15
2) The City will create a 'List of approved hand tools and power equipment for volunteer
use' in coordination with the City's Human Resources/Risk Management Department;
3) No volunteer underage 18 is permitted to use power equipment requiring additional
training;
4) From time to time, it may be beneficial for volunteers to use their own tools and
equipment to complete a project. Volunteers assume full responsibility for use of their
tools or equipment, specifically the potential wear and tear. The volunteer must sign a
release form ensuring the City is not liable for damage, replacement or maintenance of
privately-owned tools and equipment. Only those tools that are identified on the 'List of
approved hand tools and power equipment for volunteer use' will be permitted.
W. Dismissal
Volunteers who do not adhere to the rules, policies and regulations of the City, or fail to
perform their assignments satisfactorily, are subject to dismissal. A volunteer may be dismissed
at any time. The City reserves the right to request that a volunteer leave immediately if
circumstances warrant such action.
X. Ending Volunteer Service
Giving notice at least two weeks before the anticipated separation date is a courtesy that allows
the City sufficient time to make other volunteer arrangements for coverage.
5. RESPONSIBILITY FOR VOLUNTEER PROGRAM REVIEW
Reviewing the Volunteer policy and associated administrative procedures is the responsibility of the
Human Resources Manager. The program is to be evaluated annually, or as often as is required.
CC January 26, 2010 Item No. 8
Page 18 of 37
VOLUNTEER POLICY City of Lake Elsinore
1/26/2010-N Page 15 of 15
APPENDICES
L Checklist for Volunteer Program
ii. Adult Volunteer Application Form
iii. Youth Volunteer Application
iv. Parental Release Form
V. Volunteer Waiver and Release: No Workers' Compensation
vi. Sample Job Description
vii. Volunteer Performance Review
viii. Tool Waiver and Release Form with List of approved hand tools and power equipment
for use by volunteers
ix. Volunteer Incident Report Form (intentionally blank)
X. Volunteer Manual (intentionally blank)
A. Volunteer Protection Act of 1997
CC January 26, 2010 Item No. 8
Page 19 of 37
APPENDIX i
CITY OF
LADE LSIIYOKE
DREAM E?(TREME
CHECKLIST
FOR VOLUNTEER PROGRAM
r
r
r
r
r
r.
r
r
r
y } Y'
bi►'fE ;
DATE,`
DATE y
D'A.TE
DATE x
DACE > i
GYtj
, Fad
n~xY
Q vF}
Arv4. ~~r'irY 1
Print Form
CC January 26, 2010 Item No. 8
Page 20 of 37
APPENDIX ii
ADULT VOLUNTEER APPLICATION
CITY OF inn
LADE LSII`IOP,,,,E
DREAM EXTREME
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92530
TELEPHONE (951) 674- 3124
Thank you for your interest in Lake Elsinore's Volunteer Program! This application is intended for volunteers ages 18
and older. If you are under age 18, please fill out the Youth Volunteer Application.
Before filing out this application, please read the following:
1. The City of Lake Elsinore is unable to accept court ordered volunteers. If you are trying to fulfill court mandated
hours, please visit http://www.vcrivco.org/alternative_sentencing.htmi, call (951) 329-4709), or send an email to
inform@vcrivco.org.
2. Prior to be becoming an active volunteer, you must complete and turn in the following two items: 1) Adult
Volunteer Application (this form) and 2) Waiver and Release. These forms can all be obtained from
www.lake-elsinore.org or from the above address.
3. Once both forms have been completely filled-out, please mail or hand-deliver them to the Human Resources
department located at the above address. If you have any questions, please do not hesitate to contact Human
Resources at 951-674-3124 ext. 231 or atjboren@lake-elsinore.org.
4. All adult volunteers must be fingerprinted and cleared by the Lake Elsinore Sheriff Deparment before beginning
volunteer service. You will be given a fingerprinting form once your Volunteer Application and Waiver are reviewed.
LI)STNAME
FIRST NAME:
MI; PHONE NUMBER
ALTERNATE NUMBER
-
.v v x..a w.. r. r.., v .n ..u. e
...v t
EIVIAILADDRESS
Wkk) T)1EBESTWAY
Tbt~OfSTACTYUUJ s
,
F-Phone At which number: f Email
HOMFADbRES$ ~reetani] nwnber) l° Ir a ~~~tt Eire
F l.*k52 ! i }x.~~ s w a x -St x'v',..,. .ys; z 2r%w Rftl
q r/
e
HO DIDWOU HEAR ABOUT USA ~ ~t plat-01i
r
U~ 81(EAt OLDER?
u
~ ,
y
~
. .
r,.~.u
.
Yes ( No **If no, please fill-out the Youth Application.
WHAT ^ x , 4 r b k a' " U1 d ra ' t y. d~-c t t S {
STYQU . f M' N,,
If lease t ec =alllk a p)y , s
VOLUNT E OPPORTUNI ES INTERE
o
,
Y
F_ Event Planning Lake/Beach Clean-up F- Landscape / Maintenance (le: weed abatement, graffiti clean-up)
r Mechanics F_ Officework(ie: filing,typing) F- Sports (general) Working with children F- Working with elderly
PLEj►SE LIST YO~1R SKILlS AND EXPEft1ENCE AS THEYERTAI05T}~E'pRE/►(Sy OF INTEf3TST~kBOVE" ° `
'
~L~~XE
.L .v _ _ ..w...Cn=. a .
c.c. January LO, cu i u item rvo. a
Page 21 of 37
CITY OF LAKE ELSINORE - Adult Volunteer Application
PAGE2
DAYS AND HOURS AVAILABLE y0U 9RE AVAILABLE TO VOhLINTEER
Sun: Mon: Tues: Wed:
Thurs: Fri: Sat:
f <Fi RE~N~YyMED~CAIt/,P SfSCAI."CO~!IDITIONINHICH~WO~ULD~IMITYO,URABIrLITY}TOPERFORMESSENTIALFU,NCa'IONSOF~TH~EA
P094TON~FOR HIC A~2 f~~ING~ x ,"~s•, p ar
.-a ,.,.r ~>~.:,~.n..,..~-,.a~?.r..,_... .:x .,a
No ( Yes
r
*~y'.y "Fw Iti xw r v- t ,x Y;"s z~r,.`£ > )rt~^ ffi d , >S~S 7 s rr > ~
HAVE, OUEVERBEEN~CONVICTEDOF"ANYFELONYORMISDEMEANOR tflTHE T`ANJUVENILECONVIC~T~ONS)UNDERYOUR
PRESENT OR P7\ST NAMI PLEASE INCLUDE ANY COf~Y1CTIONS 7 o~1'~„rGED ORAL6bB~Y F~CIIt~ r
C No C-' Yes
IFY,ES,PLEASE'ANSWERTHEFOLLOWINGa U
When: Where:
Outcome:
{
Contact #1 Name: Relationship to you:
Phone: Alternate Phone:
Contact #2 Name: Relationship to you:
Phone: Alternate Phone:
I certify that the answers given by me to the foregoing questions and statements are true and correct without
consequential omissions of any kind whatsoever. I understand that false statements in my application subjects me to
disqualification.
I understand that before performing duties as a volunteer for the City of Lake Elsinore, all necessary forms and
documents must be completed and turned into the Human Resources department for review. I also understand that I
must be fingerprinted and cleared by the Lake Elsinore Sheriff Station before beginning my volunteer service.
Applicant's Signature:
Applicant's Printed Name:
Date:
CC January 26, 2010 Item No. 8
Page 22 of 37
APPENDIX iii
YOUTH VOLUNTEER APPLICATION
CITY OF ^
LADE LSII`IOKE
DREAM EXTREME
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92530
TELEPHONE (951) 674 - 3124
Thank you for your interest in Lake Elsinore's Volunteer Program! This application is intended for volunteers ages 14
-17. If you are 18 and over, please fill out the Adult Volunteer Application.
Before filing out this application, please read the following:
The City of Lake Elsinore is unable to accept court ordered volunteers. If you are trying to fulfill court mandated
hours, please visit http://www.vcrivco.org/alternative_sentencing.htmi, call (951) 329-4709), or send an email to
inform@vcrivco.org.
2. Prior to be becoming an active volunteer, you must complete and turn in the following four items: 1) Youth
Volunteer Application (this form), 2) Waiver and Release, 3) Parental Release, and 4) Work Permit. The first three forms
can all be obtained from www.lake-elsinore.org or from the above address. The fourth form can be obtained from
your school. If you are interested in viewing California's Child Labor Laws, you may visit www.lake-elsinore.org for a
downloaded copy.
Page 23 of 37
Once all forms have been completely filled-out, please mail or hand-deliver them to the Human Resources
department located at the address above. If you have any questions, please do not hesitate to contact Human
Resources at 951-674-3124 ext. 231 or atjboren@lake-elsinore.org.
CITY OF LAKE ELSINORE -Youth Volunteer Application PAGE 2
DADS AND HOURS AVAILABLE YOU ARE AVAILABLE TO VQLUNTE~R uiu a'' y
Sun: Mon: Tues: Wed:
Thurs: Fri: Sat:
ISTHEREANY,MEDICAL/PHYSICALCONDITIONWHICH'WO{1LD LIIflI1TY0URABILITYTOPER(O E SENTIA F NCTIQNSOPTHI
POSITION FOR WHICH YOU ARE APPLYING
No ( Yes
If ycs, please explain
HANY~rCAVEYQWEVE~"EE~~ON 'NYrFELO~IYOR~14jtS MEANORVNDER ~ SE TOlti~ `STdNAII~E?~ LEAS INC*I~UDE~
w 5'N..a,>r s a E° x-ka{v3v a 3''a ' c.r»Ur,~ N2 vn e„ ,x.!w
No C Yes
£ .?}S}5° „~n -yqy;,' .u rJ x W. 'x r: ~l X rn u u 5u x v f
IF YES, PLEASE ~IVS~IER O 40111/1NG r~ , A, hA t i t. ` y i.
..rw C„xw.:Yta...re~'
When: Where:
Outcome:
ME`GCY CONT'ATSik
~.~r_ x .
Contact #1 Name: Relationship to you:
Phone: Alternate Phone:
Contact #2 Name: Relationship to you:
Phone: Alternate Phone:
I certify that the answers given by me to the foregoing questions and statements are true and correct without
consequential omissions of any kind whatsoever. I understand that false statements in my application subjects me to
disqualification.
I understand that before performing duties as a volunteer for the City of Lake Elsinore, all necessary forms and
documents must be completed and turned into the Human Resources department for review.
Applicant's Signature: Date:
Applicant's Printed Name:
Parent's Signature:
Parent's Printed Name:
CC January 26, 2010 Item No. 8
Page 24 of 37
APPENDIX iv
PARENTAL RELEASE FORM
CITY OF
LADE LS1110 RE
DREAM EXTREME
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92530
TELEPHONE (951) 674 - 3124
This form is intended for volunteers ages 14 -17. Please have your parent or guardian complete this form and turn in
along with your volunteer application. If you are 18 and over, you do not need to fill-out this form.
I hereby give permission for my child to serve as a volunteer for the City of Lake Elsinore. In the event of an emergency during the
duration of performing volunteer activities, I hereby give consent to a licensed physician to hospitalize, secure proper treatment,
anesthesia and/or surgery for my child named above.
I understand I am responsible for his/her own medical insurance and will not hold the City of Lake Elsinore liable for any injury or damage
to my child while engaged in volunteer activities.
Parent/Guardian Signature:
Date:
Parent/Guardian Printed Name:
F- Phone I- Email
number:
No Yes Please list:
( No Yes Please list:
Volunteer's Signature:
Date:
CC January 26, 2010 Item No. 8
Page 25 of 37
APPENDIX v
VOLUNTEER WAIVER AND RELEASE
CITY OF ins
LADE LSIRORI
DREAM EXTREME
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92530
TELEPHONE(951)674-3124
1 hereby acknowledge that as a volunteer for the City of Lake Elsinore, I am not an employee of the City of Lake Elsinore and that I am not
covered under the City of Lake Elsinore's workers' compensation plan. I intend to perform voluntary services for the Agency without
compensation.
As a condition of perform ng the above referenced volunteer duties, I hereby knowingly and unequivocally waive, release and discharge
and and rights that I, my heirs, assigns, agents or other representatives may have or which hereafter may accrue to me, to file any claim,
lawsuit and/or any othe use of action against the City of Lake Elsinore, its employees, officers, agencies, other volunteers and officials
as a result of performing said volunteer services. In granting this full and complete release and waiver of liability on the part of the
Agency, I specifically waive California Civil Code Section 1542, which states:
"A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him, must have materially affected his settlement with the debtor."
I expressly desire to release the City of Lake Elsinore its employees, officers, agencies, other volunteers and officials from my financial
responsibility to me for any personal injury and/or property damage I may incur as a result of my voluntary services, even when it results
from the negligence, both active and passive, of the City of Lake Elsinore and/or its employees.
I understood that accidents and injuries can arise out of my volunteer activities; knowing the risk nevertheless, I hereby agree to assume
those risks and to release and to hold harmless the Agency, its employees, officers, agencies,other volunteers and officials, who (through
negligence or carelessness) might otherwise be liable to me (or my heirs, assigns, agents or other representatives) for damages.
No promise, inducement, or agreement has been made tome to induce me to release the Agency from liability for any personal injury
and/or property damage incurred by me as a result of my voluntary services, nor has any promise, inducement, or agreement been made
to me in return for the express waiver of rights referred to above.
Dedaration of Witness
The above individual, in my presence, acknowledged that he/she had read and fully understood the meaning and consequences of the
Waiver and Release of All Claims, and he/she signed it in my presence.
Date:
Applicant's Signature:
Applicant's Printed Name:
Parent or Guardian's Signature (if applicant is a minor):
Parent or Guardian's Printed Name (if applicant is a minor):
Witness' Signature:
Witness' Printed Name:
CC January 26, 2010 Item No. 8 Print Form
Page 26 of 37
APPENDIX vi
CITY OF i,
LADE LSINORf
DREAM EXTREME
Each job description would include the following sections:
TITLE:
PURPOSE OF THIS POSITION:
TASKS OR FUNCTION:
PARTICIPANT GROUP:
TIME COMMITMENT:
SKILL REQUIREMENT:
TRAINING AND SKILL DEVELOPMENT:
SUPERVISION:
WORKING CONDITIONS:
BENEFITS:
SCREENING REQUIRED:
SAMPLE
JOB DESCRIPTION
FOR VOLUNTEER POSITION
CC January 26, 2010 Item No. 8
Page 27 of 37
APPENDIX vii
CITY OF
LADE ~LSII`IORX
DREAM EXTREME
VOLUNTEER PERFORMANCE
REVIEW
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92530
TELEPHONE(951)674-3124
Prepared By:
Date:
Volunteer's Signature: Date:
CC January 26, 2010 Item No. 8
Page 28 of 37
EXCELLENT,,;' Q9056 w - FAIR,.: , , r POOR, „
APPENDIX viii
CITY OF ink
LAKE LSIAOIJE
DREAM EXTREME
TOOL WAIVER
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92530
TELEPHONE(951)674-3124
City of Lake Elsinore staff have identified tools and equipment that may be used by volunteers to carry out their assignment
with proper training. A certificate of tool or equipment use proficiency will be issued to the volunteer upon successful
completion of the training session and a centralized list of certified volunteers shall be maintained by the Volunteer Program.
Minors shall not be allowed to operate any power tool. This list follows guidelines established by the City's Risk Management
Office and has been reviewed by the City Attorney.
1. In general, subject to approval of City staff, volunteers may use office equipment, recreation equipment and
supplies, and non-powered hand tools provided by staff with proper training. The appropriate certifications and conditions
for use of these tools is identified in the administrative implementation manual for volunteers and the City of Lake Elsinore
staff. Staff is to keep a centralized database of volunteers who are trained and certified to use power equipment requiring
additional training. No volunteer under the age of 18 shall be permitted to use power equipment requiring additional
training.
2. From time to time, the City of Lake Elsinore may determine that it is beneficial for volunteers to use their own tools
or equipment to complete a project. While the City of Lake Elsinore staff may request such assistance, volunteers will
voluntarily assume full responsibility for use of their tools or equipment, specifically the potential wear and tear. The
volunteer shall sign a release form ensuring that the City is not liable for damage, replacement or maintenance of privately-
owned tools and equipment. Only those tools that are identified in the "List of Approved Hand Tools and Power Equipment
for Volunteer Use" will be permitted.
3. Volunteer use of City vehicles must be petitioned for by the City of Lake Elsinore staff overseeing volunteer's
activity and shall be approved by appropriate management level staff as designated by the Volunteer Policy Implementation
Manual. Volunteers must complete all required procedures and trainings, including providing proof of auto insurance and
driving record, and completing all the appropriate volunteer paperwork, prior to operating a City vehicle. Staff will keep a
centralized database of volunteers approved for City Vehicle use.
4. Based on the scope and time period of a proposed project, the age and skill of the volunteers, and the level of
liability assumed by a given group or organization, the City of Lake Elsinore staff will determine the appropriate tools or
equipment in conformance with established City policy and guidelines on use of tools and equipment.
Volunteer's Signature: Date:
Volunteer's Printed Name:
If Volunteer is under 18, a parent or guardian must sign and print below.
Parent/Guardian Signature:
Parent/Guardian's Printed Name:
CC January 26, 2010 Item No. 8
Page 29 of 37
APPENDIX ix
VOLUNTEER INCIDENT REPORT FORM
CC January 26, 2010 Item No. 8
Page 30 of 37
APPENDIX x
VOLUNTEER MANUAL
CC January 26, 2010 Item No. 8
Page 31 of 37
APPENDIX Xi
VOLUNTEER PROTECTION ACT OF 1997
This is the text of Public Law 105-19; the Volunteer Protection Act of 1997 as signed
into law by President Clinton on June 18, 1997:
One Hundred Fifth Congress of the United States of America
At The First Session
Begun and held at the City of Washington on Tuesday, the seventh day of January, one
thousand nine hundred and ninety-seven.
An Act
To provide certain protections to volunteers, nonprofit organizations, and governmental
entities in lawsuits based on the activities of volunteers. Be it enacted by the Senate
and House of Representatives of the United States of America in Congress assembled.
Section 1. Short Title
This Act may be cited as the'Volunteer Protection Act of 1997'.
Section 2. Findings And Purpose
(a) Findings. The Congress finds and declares that:
(1) The willingness of volunteers to offer their services is deterred by the potential for
liability actions against them;
(2) As a result, many nonprofit public and private organizations and governmental
entities, including voluntary associations, social service agencies, educational
institutions, and other civic programs, have been adversely affected by the withdrawal of
volunteers from boards of directors and service in other capacities;
(3) The contribution of these programs to their communities is thereby diminished,
resulting in fewer and higher cost programs than would be obtainable if volunteers were
participating;
(4) Because Federal funds are expended on useful and cost-effective social service
programs, many of which are national in scope, depend heavily on volunteer
participation, and represent some of the most successful public-private partnerships,
protection of volunteerism through clarification and limitation of the personal liability
risks assumed by the volunteer in connection with such participation is an appropriate
subject for Federal legislation;
Rev. 10/04
Page 1 of 6
CC January 26, 2010 Item No. 8
Page 32 of 37
(5) Services and goods provided by volunteers and nonprofit organizations would often
otherwise be provided by private entities that operate in interstate commerce;
(6) Due to high liability costs and unwarranted litigation costs, volunteers and nonprofit
organizations face higher costs in purchasing insurance, through interstate insurance
markets, to cover their activities; and
(7) Clarifying and limiting the liability risk assumed by volunteers is an appropriate
subject for Federal legislation because:
(A) Of the national scope of the problems created by the legitimate fears of volunteers
about frivolous, arbitrary, or capricious lawsuits;
(B) The citizens of the United States depend on, and the Federal Government expends
funds on, and provides tax exemptions and other consideration to, numerous social
programs that depend on the services of volunteers;
(C) It is in the interest of the Federal Government to encourage the continued operation
of volunteer service organizations and contributions of volunteers because the Federal
Government lacks the capacity to carry out all of the services provided by such
organizations and volunteers; and
(D)(i) Liability reform for volunteers, will promote the free flow of goods and services,
lessen burdens on interstate commerce and uphold constitutionally protected due
process rights; and (ii) therefore, liability reform is an appropriate use of the powers
contained in article 1, section 8, clause 3 of the United States Constitution, and the
fourteenth amendment to the United States Constitution.
(b) Purpose. The purpose of this Act is to promote the interests of social service
program beneficiaries and taxpayers and to sustain the availability of programs,
nonprofit organizations, and governmental entities that depend on volunteer
contributions by reforming the laws to provide certain protections from liability abuses
related to volunteers serving nonprofit organizations and governmental entities.
Section 3. Preemption And Election of State Non-applicability
(a) Preemption. This Act preempts the laws of any State to the extent that such laws
are inconsistent with this Act, except that this Act shall not preempt any State law that
provides additional protection from liability relating to volunteers or to any category of
volunteers in the performance of services for a nonprofit organization or governmental
entity.
(b) _Election Of State Reaardino Non-applicability. This Act shall not apply to any civil
action in a State court against a volunteer in which all parties are citizens of the State if
Rev. 10/04
Page 2 of 6
CC January 26, 2010 Item No. 8
Page 33 of 37
such State enacts a statute in accordance with State requirements for enacting
legislation:
(1) Citing the authority of this subsection;
(2) Declaring the election of such State that this Act shall not apply, as of a date certain,
to such civil action in the State; and
(3) Containing no other provisions.
Section 4. Limitation On Liability For Volunteers
(a) Liability Protection For Volunteers. Except as provided in subsections (b) and (d),
no volunteer of a nonprofit organization or governmental entity shall be liable for harm
caused by an act or omission of the volunteer on behalf of the organization or entity if:
(1) The volunteer was acting within the scope of the volunteer's responsibilities in the
nonprofit organization or governmental entity at the time of the act or omission;
(2) If appropriate or required, the volunteer was properly licensed, certified, or
authorized by the appropriate authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice was undertaken within
the scope of the volunteer's responsibilities in the nonprofit organization or
governmental entity;
(3) The harm was not caused by willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the
individual harmed by the volunteer; and
(4) The harm was not caused by the volunteer operating a motor vehicle, vessel,
aircraft, or other vehicle for which the State requires the operator or the owner of the
vehicle, craft, or vessel to:
(A) Possess an operator's license; or
(B) Maintain insurance.
(b) Concerning Responsibility Of Volunteers To Organizations And Entities.
Nothing in this section shall be construed to affect any civil action brought by any
nonprofit organization or any governmental entity against any volunteer of such
organization or entity.
(c) No Effect On Liability Of Organization Or Entity. Nothing in this section shall be
construed to affect the liability of any nonprofit organization or governmental entity with
respect to harm caused to any person.
Rev. 10/04
Page 3 of 6
CC January 26, 2010 Item No. 8
Page 34 of 37
(d) Exceptions To Volunteer Liabilitv Protection If the laws of a State limit volunteer
liability subject to one or more of the following conditions, such conditions shall not be
construed as inconsistent with this section:
(1) A State law that requires a nonprofit organization or governmental entity to adhere to
risk management procedures, including mandatory training of volunteers.
(2) A State law that makes the organization or entity liable for the acts or omissions of
its volunteers to the same extent as an employer is liable for the acts or omissions of its
employees.
(3) A State law that makes a limitation of liability inapplicable if the civil action was
brought by an officer of a State or local government pursuant to State or local law.
(4) A State law that makes a limitation of liability applicable only if the nonprofit
organization or governmental entity provides a financially secure source of recovery for
individuals who suffer harm as a result of actions taken by a volunteer on behalf of the
organization or entity. A financially secure source of recovery may be an insurance
policy within specified limits, comparable coverage from a risk pooling mechanism,
equivalent assets, or alternative arrangements that satisfy the State that the
organization or entity will be able to pay for losses up to a specified amount.
Separate standards for different types of liability exposure may be specified.
(e) Limitation On Punitive Damages Based On The Actions Of Volunteers:
(1) General Rule. Punitive damages may not be awarded against a volunteer in an
action brought for harm based on the action of a volunteer acting within the scope of the
volunteer's responsibilities to a nonprofit organization or governmental entity unless the
claimant establishes by clear and convincing evidence that the harm was proximately
caused by an action of such volunteer which constitutes willful or criminal misconduct,
or a conscious, flagrant indifference to the rights or safety of the individual harmed.
(2) Construction. Paragraph (1) does not create a cause of action for punitive damages
and does not preempt or supersede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
(f) Exceptions To Limitations On Liability:
(1) In General. The limitations on the liability of a volunteer under this Act shall not
apply to any misconduct that:
(A) Constitutes a crime of violence (as that term is defined in section 16 of title 18,
United States Code) or act of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in any court;
Rev. 10/04
Page 4 of 6
CC January 26, 2010 Item No. 8
Page 35 of 37
(B) Constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28
U.S.C. 534 note));
(C) Involves a sexual offense, as defined by applicable State law, for which the
defendant has been convicted in any court;
(D) Involves misconduct for which the defendant has been found to have violated a
Federal or State civil rights law; or
(E) Where the defendant was under the influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug at the time of the misconduct.
(2) Rule Of Construction. Nothing in this subsection shall be construed to effect
subsection (a)(3) or (e).
Section 5. Liability For Non-economic Loss
(a) General Rule. In any civil action against a volunteer, based on an action of a
volunteer acting within the scope of the volunteer's responsibilities to a nonprofit
organization or governmental entity, the liability of the volunteer for non-economic loss
shall be determined in accordance with subsection (b).
(b) Amount Of Liability:
(1) In General. Each defendant who is a volunteer, shall be liable only for the amount of
non economic loss allocated to that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance with paragraph (2)) for the
harm to the claimant with respect to which that defendant is liable. The court shall
render a separate judgment against each defendant in an amount determined pursuant
to the preceding sentence.
(2) Percentage Of Responsibility. For purposes of determining the amount of non-
economic loss allocated to a defendant who is a volunteer under this section, the trier of
fact shall determine the percentage of responsibility of that defendant for the claimant's
harm.
Section 6. Definitions
For purposes of this Act:
(1) Economic Loss. The term 'economic loss' means any pecuniary loss resulting from
harm (including the loss of earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death, burial costs, and loss of
business or employment opportunities) to the extent recovery for such loss is allowed
under applicable State law.
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(2) Harm. The term 'harm' includes physical, nonphysical, economic, and non-
economic losses.
(3) Non-economic Losses. The term 'non-economic losses' means losses for physical
and emotional pain, suffering, inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic damages, injury to reputation
and all other non-pecuniary losses of any kind or nature.
(4) Nonprofit Organization. The term 'nonprofit organization' means:
(A) Any organization which is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code and which does
not practice any action which constitutes a hate crime referred to in subsection (b)(1) of
the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); or
(B) Any not-for-profit organization which is organized and conducted for public benefit
and operated primarily for charitable, civic, educational, religious, welfare, or health
purposes and which does not practice any action which constitutes a hate crime
referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28
U.S.C. 534 note).
(5) State. The term 'State' means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, any other territory or possession of the United States, or any
political subdivision of any such State, territory, or possession.
(6) Volunteer. The term 'volunteer' means an individual performing services for a
nonprofit organization or a governmental entity who does not receive:
(A) Compensation (other than reasonable reimbursement or allowance for expenses
actually incurred); or
(B) Any other thing of value in lieu of compensation, in excess of $500 per year, and
such term includes a volunteer serving as a director, officer, trustee, or direct service
volunteer.
Section 7. Effective Date
(a) In General. This Act shall take effect 90 days after the date of enactment of this Act.
(b) Application. This Act applies to any claim for harm caused by an act or omission of
a volunteer where that claim is filed on or after the effective date of this Act but only if
the harm that is the subject of the claim or the conduct that caused such harm occurred
after such effective date.
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