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HomeMy Public PortalAbout2008.081 (05-20-08)RESOLUTION NO. 2008.081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING THAT VOLUNTEERS AND INTERNS SHALL BE DEEMED TO BE EMPLOYEES OF THE CITY FOR THE PURPOSE ONLY OF PROVIDING WORKERS' COMPENSATION COVERAGE FOR SAID VOLUNTEERS AND INTERNS WHEREAS, the City of Lynwood utilizes the services of unpaid volunteers and interns in positions within a number of its departments; and WHEREAS, Section 3363.5 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 the purpose of Division 4 of said Labor Code while performing such services; and WHEREAS, Section 3363.5 of the Labor Code defines "voluntary service without pay" to include those services performed by any person who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses; and WHEREAS, the City Council wishes to extend Workers' Compensation coverage as provided by State law to those persons providing voluntary and intern services without pay to the City. NOW, THEREFORE IT BE RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LYNWOOD, STATE OF CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That interns and persons who perform voluntary service without pay be deemed to be employees of the City of Lynwood for the purpose of Workers' Compensation coverage as provided in Division 4 of the Labor Code while performing such service. This does not make a volunteer or intern an employee of the City for any purpose other than for such coverage, nor grant nor enlarge upon any other right, duty, or responsibility of a volunteer or intern. Section 2. That the Workers' Compensation benefits to be provided to volunteers and interns shall be limited to benefits as provided by State law and shall not include any additional benefits as may be provided by the City to its employees. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 20th day of May, 2008. ~~~~ ~ ~~ Maria Teresa Santillan, Mayor City of Lynwood ATTEST: // ~p. Maria Quinonez, City Clerk Roger ley, City Manager City of Lynwood City of Lynwood APPROVED AS TO FORM s,,. Fred Galante, Cit Attorney City of Lynwood APPROVED AS TO CONTENT: Alfredo J. LcYp~ Director of Huma City of Lynwood STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20t" day of May, 2008. AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ~ ~~' Maria Quinonez, ity Clerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2008.081 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20t" day of May, 2008 ,-- ~~~~~ aria Quinonez, ity Clerk r