(Revised October 2003) Section 6.B
Legislation provides liability protection for state volunteers. It reads as follows:
RELATING TO INDEMNIFICATION AND LIMITATION OF LIABILITY OF DIRECTORS AND OFFICERS AND TO LIABILITY OF PERSONS WHO VOLUNTEER SERVICES TO THE STATE OR A MUNICIPALITY OR A NONPROFIT ORGANIZATION.
"A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person's duties, except for acts and omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. For purposes of this section, "compensation" does not include payments to reimburse a person for expenses."
Additional information on the Volunteer Protection Act is provided below.
January 1998
TO:
CEEDs
Field Specialists, 4-H Youth
Program Assistants
On June 18, 1997, the federal legislation entitled the "Volunteer Protection Act of 1997" was enacted. In view of Iowa law, specifically Chapter 669 -- State Tort Claims, we asked Mr. Paul Tanaka, Director, University Legal Services to review the federal legislation in relation to Iowa law. Mr. Tanaka's response indicated volunteers involved with all extension programs have been covered under Iowa law and the new federal legislation does not necessitate any change in the university's (or extension's) approach to the protection of our volunteers. The complete text of Mr. Tanaka's response to my inquiry is reprinted here.
The following was received from Mr. Tanaka dated August 11, 1997:
"I have reviewed the volunteer Protection Act of 1997 (Public Law 10519, June 18, 1997) and find that the statute does not pose any significant conflict with Iowa state law. In general, the new law does not change the standard which is now applicable for volunteers to state agencies, including volunteers to extension.Current Iowa law, Iowa Code §669.24, provides that volunteers for the State of Iowa are not personally liable for their acts unless the acts or omissions involve "intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit." The only respect in which Iowa law provides a limitation not permitted under Federal law involves transaction from which the volunteer receives a personal benefit. In other words, this clause in Iowa law may be void, and the volunteer would not be liable, even if they did derive an improper personal benefit. I regard this case as a highly unlikely circumstance.
The law does not make any change in the University's liability to third parties on account of the volunteer's actions. In general, employers are responsible for the action of employees, including volunteers.
I do not think that extension needs to take any specific action with respect to the Federal legislation."
It is suggested that you may want to file this information in several locations. In consultation with Mr. Linstrom, he suggested for the CEEDs, one location would be behind page 3.24 of the current Administrative Handbook.
Donald H. Goering
Extension Youth Development
Specialist for 4-H Youth
Section 6.B Return to top
County liability insurance is a group insurance policy through ISU and paid for by each county. A summary sheet and letter is sent by the Assistant to the Vice Provost for Finance Office to the county director in June and the payment must be remitted to the insurance company by July 1. This information can be found at: http://www.extension.iastate.edu/council/insmemo.html
Please place the current year's information at the end of this section.
This summary explains the limitations and exemptions contained in the policy. The originals are on file in 2280 Beardshear Hall.
For proof of liability insurance you may request a Certificate of Insurance. This provides you with all coverages and amounts plus exclusions.
Contact Knapp-Tedesco Insurance Company 1-800-798-7060, preferably one week in advance of the activity the certificate is for. They will ask for the specific project (e.g., food stand) and date of activity. No generic certificates will be issued.
Effective with the fall of 1996, liability coverage will not be provided centrally for activities of youth under age nine involved with large animal events. Our insurance carrier for our general county liability policy has indicated that it will not cover such events with our county group policy nor will it write special riders for counties for such events. Therefore, if a county conducts such an event after Sept. 1, 1996 and desires liability coverage, the county will have to secure insurance coverage from a local insurance agency.
Section 6.B Return to top
Legislation provides liability protection for state volunteers. It reads as follows:RELATING TO INDEMNIFICATION AND LIMITATION OF LIABILITY OF DIRECTORS AND OFFICERS AND TO LIABILITY OF PERSONS WHO VOLUNTEER SERVICES TO THE STATE OR A MUNICIPALITY OR A NONPROFIT ORGANIZATION.
State Tort Claims, Section 669.24 STATE VOLUNTEERS
"A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person's duties, except for acts and omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. For purposes of this section, "compensation" does not include payments to reimburse a person for expenses."
There continues to be no medical coverage with the state liability policy for volunteers and youth. It is critical that counties cover volunteers and youth through the American Income Life (see "Clientele-Medical, Page 5.4) medical insurance policy in all cases where there is a risk of injury when carrying out an extension activity. To ensure that Section 669.24 does indeed provide liability protection for extension volunteers two conditions must be met:
1. The volunteer must be formally appointed.2. They must have clearly defined tasks or responsibilities.
To ensure required conditions are met, we suggest the following actions be taken to establish a strong connection between volunteers and Iowa State University Extension.
1. Prepare lists of volunteers who serve your county or area. This is the responsibility of the extension director or acting director of the county in cooperation with the county extension council. Field specialists are responsible for adding names of specialized groups (e.g.: marketing group) that they have formed in the county where the group exists. Those who perform similar tasks, such as 4-H club organization leaders, 4-H project leaders, family living committee members, extension council members, etc., should be recorded together in a single listing. Computer generated lists are acceptable so long as the list arrays similar types of leaders and bears a heading, date, statement of tasks or responsibilities, and the signature of an extension officer. Teen volunteers should be afforded the same kind of appointment procedure and protection as adults.
2. Each list of volunteers should have a heading and a date. Examples of headings might be: Story County Extension Family Living Committee; Scott County Extension Council, etc.
3. A statement that clearly defines tasks or responsibilities must be provided for each type of volunteer. The statement of responsibilities for 4-H volunteers may be found in the document entitled 4-H Leader Rules & Responsibilities, 4-H-111-C, Revised Nov. 1985. Separate statements are provided for organization leaders, project leaders, teen volunteers, etc. We suggest you make a copy of the statement of responsibilities and attach it to the appropriate list of volunteers. If you do not have a prepared statement of responsibilities for any group of, or even a single volunteer, it may be necessary for a professional extension staff member to write such a statement. Be specific and thorough.
The written description of tasks for the Home Economics/Family Living Advisory Committee is: The Home Economics/Family Living Advisory Committee members are appointed to serve in an advisory capacity to the county extension families program. They are to be representative of the county population. They assist with needs identification and planning, audience recruitment, program implementation, and evaluation of home economics programs.
4. The next step is the formal appointment of volunteers. Our legal counsel states this may be done by either extension employees or the county extension council. We suggest the council wherever possible. A motion should be made and properly acted on to formalize the appointment. The minutes should include the type of leader being appointed, such as Story County 4-H Organizational Leaders, Scott County Extension Family Living Committee members, etc. Make a separate statement for each different type of volunteer. The official motion should also include the date the appointment is made. A Council officer (we suggest the Secretary) signs a statement, either typed on or attached to, each list of leaders certifying that they are official volunteers. See Page 5.9 as a sample statement and signature format.
5. Those responsible for assembling lists of volunteers will have to answer the question--"Who is or is not an extension volunteer?" Many, such as 4-H leaders, family living committee members, etc., are obvious. In some cases you may have doubts. It is the county director's responsibility to finally decide who will or will not be regarded as extension volunteers in his or her county. It is expected that discussion as necessary will take place with colleagues and/or council members to make final determinations. The primary criterion to use is--will the person perform volunteer service that directly benefits the extension program? If the answer is yes, they should be regarded as a volunteer. Then their name goes on an appropriate list. If in doubt, the recommended practice is to treat them as volunteers.
6. After the primary lists of volunteers are established and certified, many of you will find it necessary to add names from time to time throughout the year. For each name that is added, we must take these actions:
a. Ensure their names are recorded on a list of volunteers.b. Ensure they have clearly defined and written tasks or responsibilities.
c. Ensure they are formally appointed to the volunteer position by the extension council or a professional extension staff member.
If there is sufficient time, this action should be taken by the county extension council. If a quick appointment is necessary, it may be done by a professional extension staff member. In any case, the actions taken above must be completed.
7. The liability insurance coverage that extension councils currently purchase for volunteers and others paid from county funds, terminates on June 30 of each year. Therefore, it is necessary to have lists of volunteers assembled, approved by the council, and a council officer's signature affixed to each list of volunteers by June 30 of the year.
8. After a year of experience we may find it preferable to alter procedures outlined in this document. The exact format we use is of interest. However, the most important matter is to ensure that the name of every volunteer is recorded on a list, that specific written tasks or responsibilities are stated for each group of volunteers, and that they are officially appointed by the extension council whenever possible, or by a professional extension staff member.
9. Administration of the volunteer appointment practices described in this document is the primary responsibility of the county director. These requirements should be discussed with colleagues as needed for counsel and assistance. In some locations, volunteers perform area-wide responsibilities. In that event, the professional extension staff person to whom they relate is responsible to implement procedures outlined in this document. The extension staff person involved will sign the appointment list certifying them as volunteers.
10. A suggested list of some groups that serve as volunteers in Iowa State University Extension is included on the next page. Most counties will have volunteers in addition to these.
An example of what your volunteer lists could look like is below.
Below is a suggested list of some groups that serve as volunteers in Iowa State University Extension. Most counties will have volunteers in addition to these.
Coverage for state volunteers
The following people are listed as extension volunteers for the _____________ County Extension for purposes of liability insurance coverage. The act to include extension volunteers was passed by the 1987-88 Iowa Legislature and reads as follows:
RELATING TO INDEMNIFICATION AND LIMITATION OF LIABILITY OF DIRECTORS AND OFFICERS AND TO LIABILITY OF PERSONS WHO VOLUNTEER SERVICES TO THE STATE OR A MUNICIPALITY OR A NONPROFIT ORGANIZATION.
State Tort Claims, Section 669.24 STATE VOLUNTEERS
"A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person's duties, except for acts and omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. For purposes of this section, "compensation" does not include payments to reimburse a person for expenses."
Additions to these lists may be made by extension staff members at the time individuals are asked to serve.
Motion to formally appoint the following people was made by ________________ and seconded by ___________________. Motion carried.
Appendix A - _______________________ County Extension Council
The extension council is the legal governing body for the county extension program. Council members are responsible for the entire extension program, which includes 4-H, agriculture and natural resources, home economics, and community development. The council is involved in the planning, follow-through, and evaluation of these programs.
________________________ . ________________________
________________________ . ________________________
________________________ . ________________________
________________________ . ________________________
Names of extension council volunteers This signature certifies that those whose names appear hereon were as volunteers for Iowa State University Extension and ____________________ County Extension.
Name _________________________________ Office _________________________
Date _____________________________________________
Appointment of Extension Volunteers |
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Section 6.B Return to top
Information regarding Director & Officers Insurance is located at: http://www.extension.iastate.edu/council/director.doc
Section 6.B Return to top
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Revised October 14, 2003. Content questions? Ask the
experts.
Comments or suggestions? Contact the committee,
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