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HomeMy WebLinkAbout7.3 Volunteer Recognition • • • CITY OF DUBLIN AGENDA STATEMENT • CITY COUNCIL MEETING DATE: May 13 , 1985 SUBJECT Report from City Manager re recognition of City volunteers EXHIBITS ATTACHED Opinion from Assistant City Attorney RECOMMENDATION ' Consider FINANCIAL STATEMENT : $840 to $3 , 340 During Fiscal Year 1984-85 , a budget transfer from the Contingent Reserve would be necessary DESCRIPTION Several months ago , the City Council requested the City Manager and the Police Chief to develop a method upon which the City could honor those volunteers who had given their time and their efforts to the City for no compensation . Assistant City Attorney Silver has prepared an opinion (see attached) , which identifies some of the limitations which the City has in recognizing its volunteers . Ms . Silver indicates that the City could give awards incidental to the volunteers duty or assignment . These awards could be in the form of an appreciation dinner and/or gift . Including members of the Planning Commission and Park & Recreation Commission, the City has a total of 25 volunteers . If the City Council was desirous of hosting an appreciation dinner for these volunteers and their spouses , including those Staff members who work directly with these volunteers , the guest count for a dinner would be approximately 70 persons . The cost of hosting such a dinner at the Shannon Community Center would be approximately $840. If the City Council was interested in presenting to the volunteers a gift that was incidental to their duty assignment , the cost could range considerably. For example , a $50 to $100 gift for 25 persons would range from $1 , 250 to $2 , 500 . It is Staff ' s recommendation that the City Council consider the desirability of hosting such a dinner and awarding such a gift . �-y COPIES TO : ITEM NO . /• • • NAVE & SILVER OAKLAND OFFICE ATTORNEYS AT LAW MICHAEL R NAVE 4014 LAKESHORE AVENUE . ELIZABETH H. SILVER 1220 HOWARD AVENUE. SUITE 250 OAKLAND.CALIFORNIA 94810 P.O. BOX 208 TELEPHONE:14151 420 7855 BURLINGAME, CALIFORNIA 94011-0200 REPLY TO 141 5) 348-7130 MEMORANDUM TO: Richard Ambrose FROM: Elizabeth H. Silver DATE: April 24, 1985 • RE: Payment ,to Police Reserves • Councilman Hegarty has asked whether the City can pay police reserves a small amount (e.g. , $100) per year. Police reserves are individuals who volunteer their time to assist the Police Department. There are substantial impacts if such individuals are paid, even if the payment is small, except for reimbursement for actual expenses for meals, transportation, lodging or incidental expenses, Volunteers are not considered employees for workers' compensation purposes. Labor .Code . Section 352.( i) .— If they are paid they become employees subject to Workers Compensation. In addition, if they are paid they are then subject to the Fair Labor Standards Act (29 U$C...Section.;201, et seq.) and must be paid the minimum wage and overtime. In addition, the recordkeeping requirements of the FLSA become applicable. In addition to converting volunteers to employees by payment of a small sum, such payment for services performed in the past would constitute a gift of public funds and hence violate the Califo.rnia..Coiiatitution, ..(Act. ,16 Section 6) . It would not be a violation of the Constitution to make such a . payment prospectively, but such a payment would convert a • volunteer to an employee. . In conclusion, reserve officers can be reimbursed for - meals, transportation, lodging and incidental .expenses. Any 1� It is possible to have designated volunteers covered under the Workers Compensation laws. Labor Code. Section 3,363 .5 . The reason for doing this would be so that any action by an injured volunteer would come under the Workers Compensation laws, with statutory limits on liability, as opposed to the general laws, with no limits on liability. • TO: Richard Ambrose RE: Payment toPolice „Reserves April 24 , 1985 Page Two other payment converts them to employees and results in a myriad of laws and regulations being applicable to them (e.g. , Workers Compensation, Fair Labor Standards Act, Meyers Milias Brown Act, etc. ) . EHS/jm cc: Michael R. Nave