HomeMy WebLinkAbout2018-02-13 - AGENDA REPORTS - WORKERS' COMP VOLUNTEER COVERAGE (2)O
Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR 14)
CITY MANAGER APPROVAL: 41
DATE: February 13, 2018
SUBJECT: RESOLUTION FOR WORKERS' COMPENSATION COVERAGE OF
CITY OF SANTA CLARITA VOLUNTEERS
DEPARTMENT: Administrative Services
PRESENTER: Joseph Oerum
RECOMMENDED ACTION
City Council adopt a resolution authorizing the continuation of workers' compensation coverage
for volunteers of the City of Santa Clarita.
BACKGROUND
The City of Santa Clarita (City) engaged 5,124 volunteers in 2017 for various events, programs,
and projects, contributing 56,886 hours valued at over $1.6 million (based on 2016 rates). Much
of the success of City events, including the Cowboy Festival, Marathon, River Rally, and aquatic
events, among others, depends on the help of volunteers. In addition to event volunteers,
different program areas, such as Youth Sports, rely heavily on volunteers. Volunteers also help
with different projects, including beautification, open space and trails build -out and maintenance,
homework help, etc., in different departments across the organization and in the libraries.
The City is a member of the Special District Risk Management Authority (SDRMA) Workers'
Compensation program and currently provides workers' compensation to City volunteers. All
member agencies are required to adopt a resolution to continue to provide this coverage to
volunteers.
Section 3363.5(a) of the California Labor Code provides that "a person who performs voluntary
service without pay for a public agency, as designated and authorized by the governing body 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 purpose of this division while
performing such service." Further, Section 3363.5(b) defines voluntary service without pay as
"services performed by any person who receives no remuneration other than meals,
transportation, lodging, or reimbursement for incidental expenses. Adoption of this resolution
entitles volunteers to receive workers' compensation benefits and their exclusive remedy for
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recovery against the City is through the Workers' Compensation system (California Labor Code
section 3602).
The attached resolution declares, on a blanket basis, that volunteers are deemed employees for
workers' compensation purposes and allows for their continued coverage.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
No additional resources beyond those contained within the approved City budget are required for
implementation of the recommended action.
ATTACHMENTS
Workers Comp Resolution
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RESOLUTION NO. 18 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, SUMMARILY DECLARING THAT
VOLUNTEERS SHALL BE DEEMED TO BE EMPLOYEES OF THE CITY OF
SANTA CLARITA FOR THE PURPOSE OF PROVIDING WORKERS'
COMPENSATION COVERAGE FOR SAID CERTAIN INDIVIDUALS
WHILE PROVIDING THEIR SERVICES
WHEREAS, the City of Santa Clarita (City) utilizes the services of Volunteers; and
WHEREAS, Section 3363.5(a) of the California Labor Code provides that "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;" and
WHEREAS, Section 3363.5(b) defines voluntary service without pay as "services
performed by any person, who receives no remuneration other than meals, transportation,
lodging, or reimbursement for incidental expenses;" and
WHEREAS, the City wishes to extend Workers' Compensation coverage to volunteers as
provided by State law and defined in Sections 3363.5 (a) and (b) of the California Labor Code.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. That such persons coming within the meaning specified above be deemed to
be employees of the City of Santa Clarita for the purpose of Workers' Compensation coverage as
provided in Division 4 of the Labor Code while performing such service. However, said
designated individuals will not be considered an employee of the City of Santa Clarita for any
purpose other than for such Workers' Compensation coverage, nor grant nor enlarge upon any
other right, duty, or responsibility of such designated individuals, nor allow such persons to
claim any other benefits or rights given to paid employees of the City of Santa Clarita.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED this 13th day of February 2018.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 13th day of February 2018, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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CITY CLERK
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