HomeMy WebLinkAbout101-Staff report and Resolution.pdfPage 1 of 5
SARATOGA CITY COUNCIL
MEETING DATE: June 3, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Resolution Providing Workers’ Compensation Coverage for City Volunteers
RECOMMENDED ACTION:
Accept report and adopt Resolution providing Workers’ Compensation coverage for City
volunteers.
BACKGROUND:
Recently, during a review of Internal Services charges in the City’s budget, a question arose about
whether the City provides Workers’ Compensation coverage to its volunteers, including
individuals serving on City Commissions and others who volunteer their time for City-related
business on City-owned property. The City’s Workers’ Compensation coverage is provided
through a Joint Powers Authority administered by the Association of Bay Area Governments
(ABAG).
Staff requested information from ABAG about current coverage for City Council members,
Commissioners and other volunteers. ABAG informed staff that City Council and Planning
Commissioners are currently covered under the City’s Workers’ Compensation policy. This has
occurred because Council and Planning Commissioners receive stipends, reported as income, and
were included as “employees” under the policy. However, the following individuals are not
currently covered under the City’s Workers’ Compensation policy:
1. Other Commissioners who do not receive stipends;
2. Members of the Pedestrian, Equestrian and Bicycle Trails Advisory Committee
(PEBTAC);
3. Individuals representing the City of Saratoga on outside agencies/committees; and
4. Other volunteers who perform City business-related tasks on City-owned property
In order to include the volunteers listed above under the City’s Workers’ Compensation policy, it
is necessary to adopt the attached Resolution. A list of volunteers that are proposed for inclusion
under the City’s Workers’ Compensation policy are provided as Attachment “A”.
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FISCAL IMPACTS:
There is no financial impact associated with including the additional individuals under the City’s
Workers’ Compensation policy. The policy premium is based upon reported payroll and claims
history averaged over a 5-year timeframe.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Commissioners other than those serving on the Planning Commission, PEBTAC members,
individuals representing the City of Saratoga on outside agencies/committees, and other
volunteers who perform City business-related tasks on City-owned property, would not be
covered under the City’s Workers’ Compensation policy.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment “A” – Volunteers proposed for inclusion under the City’s Workers’ Compensation Policy
Attachment “B” - Resolution
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Attachment “A”
Covered Individuals Number
Heritage Preservation Commission 7
Library Commission 5
Parks & Recreation Commission 5
PEBTAC 5
Traffic Safety Commission 7
Youth Commission 16
VTA Bicycle & Pedestrian Advisory
Committee
1
Advisory Council to the Council on Aging 1
Housing & Community Development Advisory
Committee
1
Water Pollution Control Plant Master Plan
Community Advisory Group
1
Examples of other volunteers
Students volunteering during school breaks and
summer vacations
varies
Long-time volunteer in Community
Development Department
1
currently
Volunteers who assist the Recreation
Department in sending out Activity Guides
varies
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
PROVIDING WORKERS’ COMPENSATION COVERAGE FOR
CERTAIN CITY VOLUNTEERS
WHEREAS, the City Council of the City of Saratoga desires to provide workers’
compensation coverage for certain City volunteers pursuant to the provisions 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; and
WHEREAS, said volunteers should be eligible for workers’ compensation coverage while
on duty;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby finds and determines:
1. That the public interest is best served by providing workers’ compensation
coverage to:
§ All persons appointed to City Commissions;
§ All persons appointed to the Pedestrian, Equestrian, and Bicycle Trails
Advisory Committee;
§ Individuals representing the City of Saratoga on the following outside
agencies/committee:
o VTA Bicycle & Pedestrian Advisory Committee
o Advisory Council to the Council on Aging
o Housing & Community Development Advisory Committee
o Water Pollution Control Plant Master Plan Community Advisory
Group; and
§ Volunteers who perform tasks related to the provision of City services, while
on City-owned premises, or when riding as a passenger in a City-owned
vehicle.
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 actually
performs volunteer services, provided that the rights of volunteers shall be limited
to those benefits set forth in the Labor Code.
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 3rd day of June, 2009 by the following vote:
AYES:
NOES:
ABSENT:
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ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk