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Department of Alabama
PROTECTING OUR VOLUNTEERS
A synopsis of the Fall 2014 and Winter 2015 Non-profit Advisor available to members on the DAV
National Website
Department of Alabama
Department of Alabama
Fulfilling our promises to the men and women who served.
We are dedicated to a single purpose: empowering veterans to lead high-quality lives with respect and dignity. We accomplish this by ensuring that veterans and their families can access the full range of benefits available to them; fighting for the interests of America’s injured heroes on Capitol Hill; and educating the public about the great sacrifices and needs of veterans transitioning back to civilian life.
•Providing free, professional assistance to veterans and their families in obtaining benefits and services earned through military service and provided by the Department of Veterans Affairs (VA) and other agencies of government.•Providing outreach concerning its program services to the American people generally, and to disabled veterans and their families specifically.•Representing the interests of disabled veterans, their families, their widowed spouses and their orphans before Congress, the White House and the Judicial Branch, as well as state and local government.•Extending DAV’s mission of hope into the communities where these veterans and their families live through a network of state-level Departments and local chapters.•Providing a structure through which disabled veterans can express their compassion for their fellow veterans through a variety of volunteer programs.
THE DAV MISSION STATEMENT
Department of Alabama
VOLUNTEERISM
Volunteerism is an indispensable part of philanthropy Recognized as “organized charity.”
Department of Alabama
FOURTH CENTURY
Christians ministered to wounded Roman soldiers and former soldiers (veterans!)
First recorded incident of “quid” without “quo”
Department of Alabama
MODERN ERA
Forced coexistence with litigious state Organizations responsible for recruited volunteers Volunteers can be targeted by
Organization Those they have helped
Department of Alabama
EFFECTS OF LITIGATION
Enactment of Volunteer Protection Act (limitations) Organization’s limits on volunteerism Fear of litigation reduces volunteer response
Department of Alabama
IMPORTANCE OF VOLUNTEERS
Service work Transportation Fundraising Community involvement and image
Department of Alabama
VTN PROTECTIONS
Federal Tort Claims Act – protecting VTN drivers (places burden on claimant) injured or suffered property damage by the action or omission of the
driver; driver was acting within the scope of official duties; driver was acting negligently or wrongfully; and negligent or wrongful act proximately caused the injury or damage
of which he/she complains
Does not cover “intentional torts” Driver punches rider in nose
Transportation programs operated independently Don’t enjoy federal protection Volunteers may be put in unknown risk
Department of Alabama
DSO/CSO PROTECTIONS
Malpractice suits are not unheard of DAV National as result
Instituted indemnification program Conducts annual training and certification program
Quality control
Prophylactic measure against mitigation
Department of Alabama
INDEMNIFICATION
Covers Departments and Chapters Provides $500,000 for legal fees/judgments/settlements
combined Coverage dependent upon
Claim must have been forwarded to NSO Volunteer CSO compliant with training and certification requirement
Department of Alabama
OTHER LIMITATIONS
Claim given to National Adjutant who must be notified immediately
Department/Chapter surrenders control of defense to DAV National
Cooperate fully in prosecution and/or resolution
Department of Alabama
OTHER VOLUNTEER ACTIVITIES
May be covered under DAV National programs already in existence
May be covered by Department and Chapter insurances May be covered by some state and federal law
immunities
Department of Alabama
CHARITABLE IMMUNITY
Did exist Abolished by most states State law determining factor
Department of Alabama
SUBJECT TO LIABILITY
Gross negligence Intentional misconduct Some state statutes exclude any protection for:
wrongful acts committed while operating a motor vehicle; fraud; delivery of professional services knowing violation of the law.
Department of Alabama
VOLUNTEER PROTECTION ACT
Protects volunteer acting within scope of responsibilities Provides defense to covered volunteers Does not prevent suits Does not protect
Non-profit organization Against MVAs Against civil rights suits
Department of Alabama
WHAT’S THE ANSWER
INSURANCE
Department of Alabama
CONCLUSION
Charities must take responsibility for training and monitoring the actions of volunteers
Volunteers must be made aware that their actions have consequences
Proper risk mitigation measures (such as appropriate insurance) are always necessary in connection with volunteer activities
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