ITEM: CONSENT CALENDAR

12. APPROVAL OF A RESOLUTION AUTHORIZING AND GOVERNING THE USE OF VOLUNTEERS

Meeting Date: July 21, 2003 Budgeted: N/A

Program/Line Item No.: N/A

Staff Contact: Cynthia Schmidlin Cost Estimate: $.66 per hour

General Counsel Approval: Yes

Committee Recommendation: The Administrative Committee reviewed this item on July 15, 2003 and voted 3 to 0 to recommend approval.

CEQA Compliance: N/A

SUMMARY: Carmel River Steelhead Association (CRSA) members delivering steelhead to the District’s Sleepy Hollow Steelhead Rearing Facility, under the direction and control of District staff, should be considered District volunteers and be covered under its workers’ compensation insurance policy. In accordance with Section 3363.5 of the California Labor Code, the governing board of a government agency must approve a resolution authorizing workers’ compensation insurance coverage for volunteers. Resolution 96-03, authorizing and governing the use of volunteers meets this requirement, but needs to be updated in order to reflect current circumstances. Only those CRSA members involved in steelhead deliveries would fall into the category of District volunteers.

RECOMMENDATION: Approve Resolution No. 2003-06, Exhibit 12-A, authorizing and governing the use of volunteers, which rescinds and supercedes Resolution 96-03, Exhibit 12-B.

IMPACT ON STAFF AND RESOURCES: Workers’ compensation insurance premiums would be paid for CRSA members working as authorized District volunteers at the same rate as that paid for District field operations staff. Payments would be based upon the California minimum wage of $6.75 and cost the District approximately $.66 per hour.

BACKGROUND: On June 16, 2003, the Board approved an agreement with the Carmel River Steelhead Association (CRSA) to deliver juvenile steelhead that are rescued from tributaries of the Carmel River and to rear these fish at the District’s Sleepy Hollow Steelhead Rearing Facility. Review of CSRA liability insurance has revealed no workers’ compensation coverage. Since CSRA members would be working at the District’s Sleepy Hollow Steelhead Rearing Facility under the direction and control of District staff during steelhead deliveries, it has been determined that they should be considered Monterey Peninsula Water Management District volunteers during those periods of time, and covered under the District’s workers’ compensation insurance policy.

On February 29, 1996, Resolution 96-03, Exhibit 12-B, authorizing and governing the use of volunteers was adopted as District policy. Upon review, staff has determined that this resolution should be rescinded and superceded by Resolution 2003-06, Exhibit12-A. The new resolution includes the language of California Labor Code Section 3363.5 regarding workers’ compensation insurance coverage for volunteers; reflects the limited role of volunteers by eliminating required compliance with all District policies; deletes reference to third party liability that does not apply to current use of District; and specifies appointment and termination authority.

U:\staff\word\boardpacket\2003\2003boardpacket\20030721\ConsentCalendar\12\item12.doc