To: Honorable Mayor and Members of City Council
From: Erika Leahy, Risk Manager
Prepared By: Elliott Williams, Risk Analyst
TITLE:
Title
Workers’ Compensation Coverage for City of Napa Volunteers
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a resolution designating volunteers serving the City of Napa as employees for purposes of workers’ compensation.
Body
DISCUSSION:
The City of Napa has workers’ compensation coverage through its membership in PRISM’s pooled Workers Compensation Program.
California Labor Code Section 3363.5 allows a governing board of a public agency to designate volunteer workers as employees for only purposes of workers’ compensation benefits. For the volunteer to be entitled to workers’ compensation benefits, the Labor Code requires the governing board of the public entity to adopt a resolution declaring volunteers to be deemed employees. Additionally, PRISM allows workers’ compensation coverage through the pooled workers compensation program for Member volunteers when a member has adopted a resolution pursuant to Labor Code Section 3363.5.
On March 15, 2011, the City Council adopted Resolution No. R2011-36 authorizing the City Manager to designate specific City volunteers as employees for the purposes of workers’ compensation, adhering to the governing Labor Code of California (section 3363.5). This resolution would supersede Resolution No. R2011-36 and designate all City of Napa volunteers as employees solely for the purpose of workers’ compensation provided that the volunteers acknowledge in writing that they qualify as volunteers and are not entitled to any other rights, compensation, protections or benefits.
FINANCIAL IMPACTS:
There is no fiscal impact to adopting the Resolution. From a risk management standpoint, the benefit of extending workers’ compensation coverage to volunteers is that there is cost containment and efficient claims management. Although there has not been, in recent years, a general liability claim against the City for injuries resulting from volunteer service, the potential is there and adopting this recommended Resolution would prevent the possibility of a future liability claim. An injury claim not covered through the workers compensation program can result in a liability claim against the City which can result in costly and time-consuming litigation. A significant claim has the potential to adversely impact the City’s loss history and future premiums. Additionally, liability claims can result in unnecessary delays in obtaining competent medical treatment from qualified professionals.
CEQA:
The Risk Manager hereby determines that the Recommended Action is not subject to CEQA, pursuant to CEQA Guidelines Sections 15060 (c).
DOCUMENTS ATTACHED:
ATCH 1 - Resolution
NOTIFICATION:
None