HomeMy WebLinkAbout94-65 - Authorizing Workers' Compensation for Registered Volunteers=188
RESOLUTION NO. 94-65
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING
WORKERS' COMPENSATION BENEFITS FOR
REGISTERED VOLUNTEERS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City Council will, from time to time, receive benefits from the services
of uncompensated volunteers to augment its municipal operations and/or community services
programs; and
WHEREAS, such volunteers serving without remuneration are excluded under the
definition of "employee" as set forth in California Labor Code Sections 3351, 3352, and 3357,
and are therefore ineligible for statutory workers' compensation benefits for injuries sustained
while performing voluntary services; and
WHEREAS, the California Labor Code (Division 4, Workers' Compensation and
Insurance) provides in Section 3363.5(a) 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 purposes of this
division while performing such service; and
WHEREAS, the City of Costa Mesa desires to have the ability to register and therefore
designated, as it deems reasonable and appropriate, uncompensated volunteers as employees for
purposes of providing workers' compensation benefits and having such benefits be the sole and
exclusive remedy for injuries suffered by persons while providing voluntary service to the City;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa hereby authorizes the City Manager or his designee to designate, as deemed appropriate,
persons performing voluntary services without pay as "employees" of the City of Costa Mesa
for purposes of entitlement to statutory workers' compensation benefits; the City Manager or his
designee shall cause each volunteer so identified for employee status to be registered with the
Personnel Services Director prior to commencement of any volunteer service activity.
PASSED AND ADOPTED this 5th day of July, 1994.
Mayor of the City of Costa Mesa
ATTEST:
Deputy Ci Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 94-65 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the 5th day of July, 1994, by the following roll call vote:
AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 6th day of July, 1994.
Deputy Citylerk and ex -officio Clerk of
the City Cou cil of the City of Costa Mesa
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