WORKING WITH VOLUNTEERS: MANAGING OUR BLESSINGS SO THEY DON’T BECOME A BURDEN (Part 2) (July 15, 2009) Larry Clure Fulbright & Jaworski L.L.P.

WORKING WITH VOLUNTEERS: MANAGING OUR BLESSINGS SO THEY DON’T BECOME A BURDEN (Part 2) (July 15, 2009)

Larry Clure Fulbright & Jaworski L.L.P.

Topics

Ending the Relationship with Volunteers Volunteer Handbooks and Policies Insurance Managing Volunteers Risks to Volunteers

Who Is A Volunteer?

Under state law: a person who performs services without expectation of compensation except for reasonable reimbursement for actual expenses.

Under federal law: there is an allowance for payment of less than $500.

“Firing” Volunteers

When can you terminate a volunteer? Insubordination Theft Incompetence Change in the mission of the organization Harassment of clients, employees, or other

volunteers Progressive discipline Is reassignment possible?

How Do You Fire A Volunteer?Risks Future claim that they were an employee Discrimination claims Contract claims Tort claims

Minimizing the Risk Adopt a policy of nondiscrimination. Keep a file on volunteers. Document improper acts before termination.

Volunteer Drivers

Driving records for all volunteers whose duties include driving may be obtained from the DPS.

Vehicle Insurance

An organization that uses motor vehicles must have liability insurance with the following limits: $20,000 for injury or death of one person $40,000 for injury or death of two people $15,000 for property damage arising out of any

one accident

Volunteer Policies and Handbook Ensure that volunteers understand the standard

of behavior of the organization. General information in a volunteer handbook

includes: Office hours Volunteer stations Description of programs Contact info of board members Information for volunteers with disabilities

Volunteer Handbook

Welcome message Mission and history of organization Volunteer expectations- Operational Volunteer rights and responsibilities Prohibited behavior conduct Code of conduct Training

Volunteer Handbook

Incentives or rewards Benefits Reimbursement policy Termination Use of organizational equipment Complaint/grievance procedure for volunteers Confidentiality requirements Hiring and firing process– “volunteer-at-will” Operational guidelines

Volunteer Rights and Responsibilities Confidentiality Proprietary information Representing the organization to others Inappropriate conduct Use of computers/email Contacting clients or other volunteers

Volunteer Code of Conduct

Attendance and punctuality Technology-related policy Copyright/ownership issues Maintenance of volunteer files Documentation of expenses

Should Volunteers Sign Confidentiality Agreements? This depends on the type of information the

volunteer will be able to access. Personal client family or health information List of donors

Insurance

Include volunteers as “insureds” under Commercial General Liability policy

Organization’s professional malpractice insurance may cover volunteers

Make sure professionals carry their own malpractice insurance covering volunteer work

Make sure that volunteer drivers have their own insurance covering them while driving organization’s vehicles

Insurance

Volunteer accident and injury policy: partial reimbursement for medical treatment for volunteers injured while performing services to organizations

Some states worker’s compensation based on imputed salary (for volunteer working close to full time)

Be sure to document that individual is covered as volunteer, not employee

Minimum Amount of Insurance

If an organization carries liability insurance in the amounts set by Texas law, state law caps the amount of money a person can recover from the organization for injuries resulting from a volunteer’s actions.

In order for the liability cap to apply, an organization must carry, at a minimum, a one million dollar bodily injury and property damage policy covering the acts or omissions of the organization and its employees and volunteers.

Caps

The liability of organizations carrying the minimum insurance is damages capped at: $500,000 for each person $1,000,000 for each single occurrence of bodily

injury or death $100,000 for each single occurrence of

property damage caused by volunteers.

What do you mean the insurance doesn’t cover volunteer drivers?

Get sufficient insurance coverage. Review policies annually for exclusions and

coverage. Assess current liability risks to determine

whether new or higher insurance coverage is warranted.

Understand the terms of the policies.

Common Insurance Claims Made by Volunteers Personal accident claims-slip and fall injuries Property claims-burglary or vandalism Motor vehicle-accidents in the parking lot Employment-wrongful termination

Useful Forms for Volunteer Management Volunteer brochure, recruitment materials Volunteer application Background check and reference forms Engagement form

Ensure that the individual understands the requirements of the position

Sets out the length of the commitment Training and handbook acknowledgment forms

Managing Volunteers

Assign volunteers to suitable positions. Supervise volunteers. Evaluate volunteers periodically.

Managing Volunteers

Orientation Introduction to the organization Provides overview of the volunteer requirements Sets expectation of volunteers Important contacts

Copyright Issues

A volunteer ( or an independent contractor) owns the copyright for an original work.

An organization should obtain a copyright assignment for volunteer designs.

Risks To Volunteers

Types Of Harm

“OTJ” injury or illness Physical harm/emotional distress Employees, clients, other volunteers Factors to Consider Volunteer’s duties Degree of supervision Amount of contact with certain populations Motor vehicles

Limiting Liability

Insurance Waivers of Liability Youthful Volunteers

Preventing Harm

Training Client confidentiality Safety Equipment Seatbelts Supervision Harassment Screening Employees, other volunteers

Harassment

ABC Nonprofit operates a home rehab program that pairs uses both paid and volunteer labor.

ABC has been lucky to have some of its General Contractor services provided by a volunteer contractor.

She recently approached ABC’s Volunteer Coordinator to complain about the behavior of a member of her current crew which is composed of all volunteers.

Harassment

Volunteers may be both victims and perpetrators Organization’s Harassment Policy should prohibit

harassment both by and of volunteers Organization is liable for harassment of

employees by volunteers under anti-discrimination laws

Organization is liable for harassment of volunteers by employee or client under general liability principles

Training

Limiting Liability for Harassment Include volunteers in harassment policy:

exception to general rule of separate administration for volunteers and employees

Make sure that volunteers and employees know that volunteers are included

Train employees and volunteers Provide reporting mechanism Investigate and respond to allegations by/against

volunteers Take appropriate action including dismissal of

employee/volunteers

Online Volunteers

ABC Nonprofit provides life skills and mentoring services to middle and high-school aged children.

ABC maintains a MySpace page for its teen groups.

A volunteer administrator operates the MySpace site.

Online Volunteers

Protect participants privacy and personal information

Prevent opportunities for abuse or exploitation Have a process to report problems

[email protected]

This presentation also incorporates materials prepared by DLA Piper LLP and the Lawyers Alliance for New York for the Pfizer Strategic Thinking for Not-for-Profit Executives series.