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STAFF REPORT
AGENDA ITEM: Resolution Approving Providing Workers’ Compensation Coverage for Non-Safety City Volunteers.
MEETING DATE: April 17, 2018
PREPARED BY: Danna Rasmussen, Sr. Administrative Analyst/Confidential
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends adoption of Resolution No. 2018 – coverage to non-safety City volunteers., approving providing workers’ compensation
BACKGROUND:
Currently the City of Livingston has workers’ compensation coverage through the Central San Joaquin Valley Risk Management Authority which provides coverage for losses incurred under the Workers’ Compensation Law, but not for more than the limits of coverage. Currently all full-time and part-time employees are covered under this plan. The Pooled Workers’ Compensation Program provides coverage in excess of various limits retained by their members. The various retained limits are $10,000, $25,000, $50,000, $100,000, and $200,000.
DISCUSSION:
Labor Code Sections 3361 and 3362 provide workers’ compensation coverage for safety volunteers. Labor Code Section 3363.5 states the following pertaining to non-safety volunteers:
a) 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.
By adopting the resolution to classify non-safety volunteers as “employees”, the volunteer’s sole remedy if they are injured while performing work for the City is through the workers’ compensation system.
Absent the classification as an employee, a volunteer could file a civil claim which can be costly to defend and is not limited to a specific settlement amount.
FISCAL IMP ACT:
None.
ATTACHMENTS:
Resolution No. 2018 –
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON PROVIDING WORKERS’ COMPENSATION COVERAGE FOR
NON-SAFETY CITY VOLUNTEERS
WHEREAS, the City Council of the City of Livingston desires to provide workers’ compensation coverage for certain City volunteers pursuant to the provisions of Section 3363.5 of the Labor Code; and
WHEREAS, the City Council finds its best interests will be served by utilizing volunteers in the provision of certain City services; and
WHEREAS. said volunteers should be eligible for workers’ compensation coverage while on duty.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds and determines:
1. That the public interest is best served by providing workers’ compensation coverage to all Administrative Volunteers, Finance Volunteers, Community Development Volunteers, Parks and Community Service Volunteers, Economic Development Volunteers, Police Department Volunteers, Public Works Volunteers.
2. That the volunteers described above shall be deemed to be employees for the purposes of Division 4 of the California Labor Code while the person actually performs volunteer services, provided that the rights of volunteers shall be limited to those benefits set forth in the Labor Code.
Passed and adopted this 17th day of April, 2018, by the following vote: AYES:
NOES:
ABSENT:
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Jim Soria, Mayor
of the City of Livingston
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ATTEST:
I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 17th day of April 2018.
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Antonio Silva, City Clerk of the City of Livingston
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