HomeMy Public PortalAboutResolution - 02-04- 20020116 - Declare Volunteers Employ RESOLUTION 02-04
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT DECLARING THAT DISTRICT
VOLUNTEERS ARE DEEMED TO BE DISTRICT
EMPLOYEES FOR PURPOSES OF WORKERS'
COMPENSATION INSURANCE PURSUANT TO
STATE LABOR CODE §3361.5 AND §3363.5
WHEREAS, the Midpeninsula Regional Open Space District has established a volunteer
program with seven classes of volunteers: docents, volunteer trail patrol, special project
volunteers, office volunteers, crew leaders, community outreach, and preserve partners; and
WHEREAS, State law permits public agencies to elect to cover designated volunteers as
employees by declaring such volunteers are employees for the purpose of the State Workers'
Compensation Insurance law; and
WHEREAS, the District Board of Directors provides workers' compensation insurance in
cases where a volunteer is injured while performing authorized services to the District; and
WHEREAS, the District Board of Directors wishes to ensure that the exclusive remedy of
District volunteers in the event of such an injury will be provided by the state workers'
compensation law.
NOW, THEREFORE, the Board of Directors of the Nfidpeninsula Regional Open Space
District does resolve as follows:
1. Pursuant to Labor Code Sections 3361.5 and 3363.5, the Board of Directors declares that
a District volunteer in the official status of docent, volunteer trail patrol member, special
project volunteer, office volunteer, crew leader, community outreach, or preserve partner,
shall be deemed to be an employee of the District while performing any authorized
volunteer service for the District.
2. The Board of Directors desires that the State Compensation Insurance Fund continue to
provide volunteer coverage as part of the District's workers' compensation insurance
policy.
3. There will be an agreed payroll base for workers' compensation premium purposes and the
District will maintain a roster of volunteer positions, duties, and hours of service provided.
4. Resolution No. 94-37 of the Board of Directors of the Mdpeninsula Regional Open Space
District adopted on October 26, 1994 is hereby repealed in its entirety.
RESOLUTION NO. 02-04
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on January 16, 2002, at a regular meeting thereof, by the following vote:
AYES: D. Lithe, P. Sieme", N.Hanko, L. H"sext, J. Cyn, M. Davey, K. N,ctz
NOES: none
ABSTAIN: none
ABSENT: none
ATTEST: APPROVED:
ec eta President
Boar of Directors Board of Directors
1, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
Distr' Jerk