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HomeMy Public PortalAboutADM-140_Utilization of Volunteers_Effective 02-23-2022 City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Utilization of Volunteers Policy Number Effective Date Last Revision Page No. ADM-140 2/23/2022 Page 1 of 6 Approved by: Section 1.0: Purpose The purpose of this policy is to detail the process by which volunteers are utilized by the City for the enhancement of the public good. Section 2.0: Scope This policy applies to all departments, boards, committees, and commissions that utilize volunteers in service to the City as specified below. Section 3.0: Definitions 3.1 Volunteer - Elected/Appointed Official- Persons who are either elected to a public body or who are officially appointed to a public body and do not receive compensation other than for reimbursement for expenses actually incurred for their service to the City. This definition applies to board, committee, city council, task force, and commission members. 3.2 Volunteer - Adult- means an individual 18 years of age or older who performs services for the City and who does not receive compensation, other than reimbursement for expenses actually incurred for such services. In the case of volunteer program mentors, supervisors, coaches, or sports officials, such adult volunteers shall possess proper certification or validation of competency in the rules, procedures, practices, and programs in the activity for which they are volunteering. 3.3 Volunteer - Juvenile- means an individual between the ages of 14 and 17 who performs services for the City and who does not receive compensation, other than reimbursement for expenses actually incurred for such services. In the case of volunteer program mentors, supervisors, coaches, or sports officials, such juvenile volunteers shall possess proper certification or validation of competency in the rules, procedures, practices, and programs in the activity for which they are volunteering. Section 4.0: Policy Detail The role of volunteers is to enhance and augment paid personnel in the development and realization of the City’s goals, programs, and services. Volunteers who perform services for the City must be physically and mentally capable of performing the tasks assigned to them with or without reasonable accommodations. DocuSign Envelope ID: A8D6F523-3164-4FA3-A778-B63EDC3BDE8E City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Utilization of Volunteers Policy Number Effective Date Last Revision Page No. ADM-140 2/23/2022 Page 2 of 6 Approved by: Adequate supervision shall be provided, to include safety briefings; and appropriate safety measures shall be in place, which includes providing the proper safety gear when applicable. Section 5.0: Procedures 5.1 Rostering of Volunteers- Volunteers providing service to the City must be rostered as such. This occurs in three different ways: 1. Elected/Appointed Officials are documented volunteers starting when they sign their appointment paperwork until the end of the term of their office. The listing of an elected/appointed official is limited to the capacity and requirements of their office. If the person volunteers for any other type of service for the City, they must complete the Volunteer Service Statement form VSS-21 under the same requirements as listed in Paragraph 2 below, and if applicable, must complete a background check as outlined in Section 5.2 below. 2. Adult Volunteers who wish to provide service to the City must complete the Volunteer Service Statement form VSS-21 prior to providing such service, and if applicable, must complete a background check as outlined in Section 5.2 below. A VSS-21 form is valid for a person volunteering for a period of twelve months from the date of signature. 3. Juvenile Volunteers who wish to provide service to the City must complete the Volunteer Service Statement form VSS-21 and have a parent or guardian sign the form authorizing the juvenile to provide the service. A VSS-21 form is valid for a person volunteering for a period of twelve months from the date of signatures. − For youths aged 16 or 17, a fully executed NH Department of Labor Parental Permission form is required to be on file with the City prior to being permitted to engage in any volunteer service or related training. − For youth under the age of 16, a fully executed NH Department of Labor youth employment certificate is required to be on file with the City prior to being permitted to engage in any volunteer service or related training. Forms are available on the NH Department of Labor website. DocuSign Envelope ID: A8D6F523-3164-4FA3-A778-B63EDC3BDE8E City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Utilization of Volunteers Policy Number Effective Date Last Revision Page No. ADM-140 2/23/2022 Page 3 of 6 Approved by: Upon receipt of the completed VSS-21 form, an authorized City official shall make a determination to agree (or not) to accept the volunteer for the service(s) proposed. There is no requirement for volunteers to complete the Volunteer Service Statement forms under the following circumstances: 1. Persons requested to assist a law enforcement officer in effecting an arrest or preventing an escape from custody as specified in RSA 627:5, III. 2. Persons requested or conscripted by a member of the fire department under the provisions of RSA 154:9 and 154:9-a. 3. Persons volunteering to assist during an emergency relative to emergency management under the provisions of RSA 21-P:41. If possible, the names and contact information of persons assisting under these circumstances should be obtained and appropriately documented. If time permits and forms are available, they should be completed. This is more likely applicable under the circumstances of item 3 above. Documentation shall be kept in the City’s record management system. 5.2 Background Checks 5.2.1 Background checks are not required for elected officials or appointed board/committee/commission members when serving in their designated capacity as a member of a public body. 5.2.2 Background checks are required for all adult volunteers who are anticipated to perform volunteer services for the City in any given year under any of the circumstances as detailed below: 1. Working with or around children. 2. Working with or around elderly persons. 3. Entering the homes of citizens. 4. Collecting or managing money. 5.3 Child Labor Laws- Utilization of persons under the age of 18 as a volunteer must comply with all applicable child labor laws under the Child Labor Provisions of the Fair Labor Standards Act, RSA 276-A and NH Administrative Rules Chapter Lab 1000. DocuSign Envelope ID: A8D6F523-3164-4FA3-A778-B63EDC3BDE8E City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Utilization of Volunteers Policy Number Effective Date Last Revision Page No. ADM-140 2/23/2022 Page 4 of 6 Approved by: 5.4 City Employees as Volunteers- Employees can volunteer to perform services that are unrelated to their normal job function, however, employees are not considered volunteers if the employee is performing the same type of service(s) as those for which the employee proposes to volunteer regardless of whether the work is in a different department of the City. The employee must offer to be a volunteer freely without coercion, direct or implied, from a supervisor. The provisions of 29 CFR 553.100-103 further detail the requirements. 5.5 Limited Liability Provisions- Volunteers are considered covered persons under the City’s liability insurance policy under the following circumstances: 1. The volunteer has completed all necessary documentation and has been accepted as a volunteer for the City. 2. Only when they are acting on behalf of the City. 3. The volunteer is being supervised by a representative of the City. 4. The volunteer is acting in good faith within the scope of their duties at the request of the City. 5. The volunteer is not under the influence of alcohol or drugs. 6. The volunteer is not operating a motor vehicle. There are liability limitations under state and federal law to protect volunteers under certain circumstances. The volunteer must be actually performing the service at the time of an incident and acting within the scope of their volunteer duties. 5.7 Safety and Volunteer Management- Supervision and management of volunteers must be considered before volunteers are asked to perform service for the City. 1. Adequate supervision by designated supervisors (volunteer or staff) must be provided. Adequate refers to the number of people being supervised combined with the level of training/experience of the supervisor or staff regarding the tasks that are to be performed. 2. Volunteers are required to comply with City policies while performing their service for the City. 3. A safety plan must be developed and implemented prior to volunteers providing service. a. Board/Committee/Commission volunteers must be advised of the safety procedures at their meeting place, such as evacuation and secure-in-place procedures. DocuSign Envelope ID: A8D6F523-3164-4FA3-A778-B63EDC3BDE8E City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Utilization of Volunteers Policy Number Effective Date Last Revision Page No. ADM-140 2/23/2022 Page 5 of 6 Approved by: b. A written safety plan may be needed depending upon the risks involved with the work of the volunteers. A risk assessment should be developed to determine risk mitigation measures. c. A safety briefing shall be provided to all volunteers for all types of physical labor or any other location where there are known or foreseeable hazards. 4. Volunteers shall not be asked to perform tasks that they are not mentally or physically able to perform safely, with or without accommodations. 5. Volunteers shall be provided with adequate safety equipment before beginning any task requiring such equipment. 6. Volunteers shall not be asked to perform tasks that require certifications or licenses that they do not have. 7. Volunteers are not authorized to operate City vehicles or City owned power equipment. 5.8 Training Staff and volunteers who will be managing other volunteers shall be provided with training regarding this policy, applicable statutory provisions, volunteer management, and safety procedures. Staff or volunteers managing other volunteers shall also be familiar with ADM-125 Safety Policy. 5.9 Incident Reporting City personnel and volunteers who are managing other volunteers are required to report any injuries sustained by any volunteer participating in a City project and/or City sponsored volunteer service in the same fashion as that of employees. Compliance with ADM-103 Incident Report is applicable to volunteers. DocuSign Envelope ID: A8D6F523-3164-4FA3-A778-B63EDC3BDE8E City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Utilization of Volunteers Policy Number Effective Date Last Revision Page No. ADM-140 2/23/2022 Page 6 of 6 Approved by: Section 6.0: References (Charter/Code/State Statues) 1. RSA 41:9-b Employee Candidate Background Checks 2. RSA 508:17 Volunteers; Nonprofit Organization; Liability Limited 3. RSA 627:5 Physical Force in Law Enforcement 4. RSA 154:9-a Conscripted Assistance Limited 5. RSA 21-P:41 Immunity and Exemption 6. RSA 276-A Youth Employment Law 7. NH Administrative Rules Chapter Lab 1000 Youth Employment 8. NH Dept. of Labor guidance, Best Practices for New Hampshire Libraries VOLUNTEERS revised July 2013 9. 29 CFR 553.100-103 Volunteers 10. 42 USC 139 §14501-14504 Volunteer Protection 11. City Policy ADM-103 Incident Report 12. City Policy ADM-125 Safety Policy Section 7.0: Policy & Procedure Revision History Section Revisions Date Original Adoption 2/15/2022 Amendment Amendment Amendment DocuSign Envelope ID: A8D6F523-3164-4FA3-A778-B63EDC3BDE8E