HomeMy WebLinkAboutMINUTES - 09151998 - C107 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA C
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan,Acting Executive Director
DATE: September 15, 1998
SUBJECT: DESIGNATING COMMISSIONERS AND OTHER PERSONS PERFORMING VOLUNTARY
SERVICES WITHOUT T'A'Y'AS EMPLOYEES FOR THE LIMITED PURPOSE OF
QUALIFYING FOR WORKERS' COMPENSATION INSURANCE COVERAGE UNDER
CALIFORNIA LABOR CODE SECTIONS 3200,ET SEQ.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Resolution No.4049 designating commissioners and other persons performing voluntary services
without pay as employees of the Housing Authority of the County of Contra.Costa for the limited purpose of
qualifying for workers' compensation insurance coverage under CaliforniaLbor Ede sections 3200, et seq.
II. FINANCIAL IMPACT:
The Housing Authority would realize a small increase in the Workers' Compensation premiums totaling$700.00-
$800.00 per year which would cover the seven members of the Advisory Housing Commission and 5 volunteers.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The Housing Authority of the County of Contra Costa has a Volunteer Insurance policy that covers volunteers for up to
$25,000 of insurance for medical indemnity. If the medical costs go beyond the$25,000,the injured party has the option of
ding a tort claim against the Housing Authority for additional monies. If the commissioner or volunteer is covered under the
agency's Workers' Compensation insurance,they would not have the option of filing a tort claim against the agency should an
injury occur. With today's medical costs,the agency would have better financial protection having the commissioners and
volunteers covered under our Workers' Compensation Insurance.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No.4049,the Housing Authority could be in
jeopardy for a large suit without the protection of the agency's Workers' Compensation Insurance.
CONTINUED ON ATTACHMENT: YES SIGNATURE �4�
X RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
/ APPROVE OTHER
SIGNATURE(S): ZZ&
ACTION OF BOARD ON taibw 15, 1998 APPROVED AS RECOMMENDED X
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT ilbm TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED _/_� I/ Il
PHI BATCHELOR,Cl RK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY ��e �,DEPUTY
RESOLUTION NO.4049
RESOLUTION DESIGNATING COMMISSIONERS AND OTHER PERSONS PERFORMING
VOLUNTARY SERVICES WITHOUT PAY AS EMPLOYEES FOR THE LIMITED PURPOSE OF
QUALIFYING FOR WORKERS' COMPENSATION INSURANCE COVERAGE UNDER
CALIFORNIA LABOR CODE SECTIONS 3200,ET SEQ,
WHEREAS, Commissioners and other persons who perform volunteer services for
the Housing Authority are not currently covered by the Housing Authority's Workers'
Compensation policy since they do not fall within the definition of"employee"as defined by
California Labor Code Sections 3351 and 3351.5,which governs eligibility for Workers'
Compensation Insurance coverage,and are in fact specifically excluded from such
designation by Labor Code Section 3352,Subdivision(1)and
WHEREAS,the State Legislature has seen fit,by passing Labor Code Section 3363.5,to provide
that in certain circumstances where persons perform voluntary services for a public agency,such persons
may be deemed employees of the public agency while performing such service in order to qualify for
Workers' Compensation Insurance coverage,provided the governing body of the public agency has
adopted a resolution so declaring;and
WHEREAS,this Housing Authority,a public agency,desires to provide,as authorized by the
Labor Code,Workers' Compensation Insurance to its Commissioners and other persons who perform
voluntary services;
NOW, THEREFORE,BE IT RESOLVED that the Board of Commissioners,under the authority
of California Labor Code Section 3363.5,Subdivision(a)adopts and declares the following:
Members of the Board of Commissioners and all other persons who perform volunteer services
for the Housing Authority without pay are,while performing such voluntary services,hereby designated
"employees"of the Housing Authority for the limited purpose of qualifying for Workers"Compensation
Insurance coverage under the provisions of California Labor Code Sections 3200,et seq.
BE IT FURTHER RESOLVED,that"voluntary service without pay"is defined for purposes of
this resolution as services performed by any person who receives no remuneration other than
remuneration for meals,transportation,lodging,or reimbursement of any other incidental expenses
associated with such voluntary service.
AND BE IT FURTHER RESOLVED,that this resolution shall take effect immediately.
PASSED AND ADOPTED ON SMtsrber 15, 1998 by the fallowing
vote of the Commissioners.
AYES: Supexvism Uilk m, Ce r, I1L%ihu�, C.xmatrri , and R tiers
NOES: Nam
ABSENT: Nom
ABSTAIN: Nxie
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED y � y /c /�f/�'r�
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY_��� _ ,
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