HomeMy WebLinkAboutItem 7.3 Volunteer Recognition (2) •
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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 . /•
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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