HomeMy WebLinkAboutAgenda Report - July 18, 2007 E-21AGENDA ITEM E*v 21
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Declaring that any Person While Performing Voluntary Service(s)
for the City of Lodi Shall be Deemed an Employee of the City of Lodi for Purposes
of Workers' Compensation Benefits pursuant to Division 4 of the California Labor
Code
MEETING DATE:
PREPARED B Y
July 18,2007
Deputy City Manager
RECOMMENDED ACTION: Adopt Resolution Declaring that any Person While Performing Voluntary
Service(s) for the City of Lodi Shall be Deemed an Employee of the City of
Lodi for Purposes of Workers' Compensation Benefits pursuant to Division
4 of the California Labor Code
BACKGROUND INFORMATION: The City of Lodi has long benefited from a variety of vital volunteer
programs. During their course of service, some of these volunteers may be
injured. California Labor Code permits the Lodi City Council to declare by
adoption of a resolution that a person who performs voluntary service(s) for
the City of Lodi be deemed an employee of the City of Lodi for purposes of Division 4 of the California
Labor Code while performing such service. California Labor Code Section 3363.5 states: (a)
Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service withoutpay 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.
Adoption of such a Resolution is deemed a best Risk Management practice since awards for pain and
suffering are not granted in Workers' Compensation settlements as they are in those of General Liability,
thereby reducing the potential total cost of a claim. In addition, the Self Insured Retention rate for the City
of Lodi's Workers' Compensation plan is $250,000 less than its General Liability plan ($500,000), thus
reducing Iimitsto any potential losses.
FISCAL IMPACT: Adoption of this Resolution limits coverage of volunteers to benefits
provided through the Workers' compensation program and precludes other
potential claims under the California Tort Claims Act.
FUNDING AVAILABLE:
Evans, Budget Manager
es Krueger
JRKIjlh Deputy City Manager
APPROVED: /
&&Nrig, City Manager
RESOLUTION NO. 2007-135
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING THAT
ANY PERSON PERFORMING VOLUNTARY SERVICE FOR THE
CITY OF LODI SHALL BE DEEMED AN EMPLOYEE OF THE CITY
OF LODI FOR PURPOSES OF DIVISION 4 OF THE CALIFORNIA
LABOR CODE WHILE PERFORMING SUCH SERVICE
WHEREAS, the City of Lodi has long benefited from a variety of vital volunteer
programs, and volunteers may be injured in their course of service: and
WHEREAS, the California Labor Code permits the Lodi City Council to declare by
adoption of a Resolution that a person who performs voluntary service(s) for the City of Lodi be
deemed an employee of the City of Lodi for purposes of Division 4 of the California Labor Code
while performing such service, and adoption of such a Resolution is deemed a best Risk
Management practice: and
WHEREAS, the Lodi City Council desires to provide Workers' Compensation coverage
for any City volunteer pursuantto the provision 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.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby finds and
determines as follows:
1. That the public interest is best served by providing Workers' Compensation
coverage to any person performing volunteer services for the City of Lodi.
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(s) actually
performs volunteer services, provided that the rights of volunteers shall be
limited to those benefits set forth in the Labor Code.
Dated: July 18, 2007
hereby certify that Resolution No. 2007-135 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 18,2007, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and
MayorJohnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
City Clerk
2007-135