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Lee Shore Rescue 115 Reservation Drive Spindale, NC 28608 828-817-0944 [email protected] Lee Shore Rescue, Inc Volunteer’s Policies Manual Appendix 1

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Page 1: €¦  · Web view2020-04-07 · Lee Shore Rescue . 115 Reservation Drive. Spindale, NC 28608. 828-817-0944. contact@leeshorerescue.com . 1

Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Lee Shore Rescue, Inc

Volunteer’s Policies ManualAppendix

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Table of ContentsLegal Section

Federal Laws

NC State Laws

Rutherford County Laws

Lee Shore Rescue Expense Report Form

Volunteer Release and Waiver of Liability Form

Background Check Authorization Form

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Legal SectionFederal LawsFederal Volunteer Protection Act of 1997The federal Volunteer Protection Act of 1997 (the VPA) aims to promote volunteerism by limiting, and in many cases completely eliminating, the volunteer’s risk of tort liability when acting for nonprofit organizations or government entities.

People who volunteer to assist Lee Shore Rescue, Inc run the risk that their actions, while well-intentioned, may cause harm to another. If those actions are deemed negligent, the volunteer may face civil liability for damages caused by the negligent conduct.

VPA applies to an uncompensated volunteer for acts of ordinary negligences committed within the scope of the volunteer’s responsibilities. If the volunteer’s responsibilities are covered by licensure laws, the volunteer must be properly licensed, certified, or authorized by the appropriate authorities as required by the law in the state in which the harm occurred.

VPA applies to:

Uncompensated volunteers. Volunteers properly licensed, certified, or authorized by state law. Volunteers of nonprofit organizations or governmental entities. Acts within a volunteer’s scope of responsibility. Acts of ordinary negligence.

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected] Equal Volunteering OpportunityLSR is committed to valuing diversity and seeks to provide all staff with the opportunity for volunteering and personal development on the basis of ability, qualifications, and suitability for the work as well as their potential to be developed into different roles.

We believe that people from different backgrounds can bring fresh ideas, thinking, and approaches, which make the way the work is undertaken more effective, efficient, and enjoyable.

Decisions involving all aspects of the volunteering relationship will be based on merit, qualifications, and abilities. Such decisions will be made without regard to race, color, religion, sex, age, national origin, citizenship, ancestry, marital status, veteran or military status, disability, sexual orientation, gender expression or identity, political ideology, genetic information, or any other basis protected by applicable law. Reasonable accommodation is available is available for qualified individuals with disabilities, upon request.

Each volunteer is also responsible for maintaining a non-discriminatory workplace. Any volunteer who has experienced or witnessed discrimination must notify their superior or a board member immediately. LSR will investigate all such reports and take appropriate action. As far as reasonably possible, LSR will maintain the confidentiality of the reporting volunteer and of the investigation, consistent with the need to investigate and take action.

LSR prohibits retaliation against anyone who has reported discrimination or cooperated with an investigation under this policy. Any retaliation should be reported to your supervisor or a board member.

Anti-Harassment & Non-Discrimination LawsLSR is committed to providing a volunteering environment that is free from any form f unlawful harassment or discrimination. In keeping with this commitment, we maintain a strict policy prohibiting all forms of harassment in the organization, including sexual harassment. All volunteers have the duty to prevent harassment at LSR and to conduct themselves in a way that fosters a comfortable, professional, and respectful volunteering atmosphere.4

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Harassment based on a volunteer’s race, color, sex, creed, religion, age, marital status, national origin, ancestry, citizenship, disability, sexual orientation, gender expression or identity, veteran status, or any other status or characteristic protected by law is a violation of LSR policy and is strictly prohibited. While the following types of specific behavior may not necessarily constitute harassment, they are prohibited at LSR: slurs, graffiti, negative stereotyping, racial, ethnic, or religious epithets, and written or graphic material that shows hostility to an individual or group. This is not an exclusive list of behavior that may violate this policy.

One type of prohibited harassment is sexual harassment. It can consist of unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct or a sexual or harassing nature if:

Submission to such conduct is made a term or condition of volunteering, either explicitly or implicitly;

Submission to or rejection of such conduct by an individual is used as the basis for volunteering decisions affecting that individual; or

Such conduct has the purpose or effect of interfering with an individual’s volunteering experience.

Sexual harassment may be difficult to recognize in certain circumstances. Although the following types of specific behavior may not necessarily constitute harassment, LSR volunteers should not engage in:

Offensive or unwelcome sexual or romantic flirtations, advances, or propositions.

Verbal abuse of a sexual nature. Graphic or verbal commentaries about an individual’s body. Sexually degrading words used to describe an individual. Unwelcome physical touching of others.

This is not an exclusive list of behaviors that may violate this policy; it is intended as examples of conduct that violate this policy. Violations of this policy will result in termination from the volunteer program.

If you experience, observe, or become aware of behaviors that you believe to be discriminatory or harassing in nature, which is inappropriate or offensive, or which makes you or others uncomfortable, you have an obligation to report the behavior immediately to your supervisor or a board member. All 5

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected] information gathered under this policy will be kept as confidential as possible consistent with LSR’s need to fully investigate and take appropriate action.

It is LSR’s policy to investigate any report of harassment. If warranted, we will take corrective action, including termination from the volunteer program.

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

NC State LawsState Specific Good Samaritan LawsFirst Aid or emergency treatment LiabilityFirst aid or emergency treatment by unpaid individuals and the limiting of their liability for assistance. Any person who renders first aid or emergency treatment to a person who is unconscious, ill, or injured, and receives no compensation for that assistance, “shall not be liable for damages for injuries alleged to have been sustained by the person or for damages for the death of the person alleged to have occurred by reason of an act or omission in the rendering of the treatment unless it is established that the injuries were or the death was caused by the gross negligence, wanton conduct, or intentional wrongdoing on the part of the person rendering the treatment. The immunity conferred in this section also applies to any person who uses an automated external defibrillator (AED) and otherwise meets the requirements of this section.” This law does not limit liability of a paid emergency technician or medical professional.

“In the event of any conflict between the provisions of this section and those of N.C.G.S. 20-166(d)(below), the provisions of G.S. 20-166(d) shall control and continue in full force and effect.”

N.C.G.S. § 20-166 is a DOT law related to automobiles accidents, but also provides an outline for limiting liability of Good Samaritans in other emergency situations. The law requires one involved in an auto accident, especially one in which an injury or death occurred, to stop and remain at the scene of the accident. Section (d) states that “any person who renders first aid or emergency assistance at the scene” of an accident, shall not be liable for civil damages unless the acts or omissions related to the services rendered amount to wanton conduct or intentional wrongdoing (i.e. gross negligence).

NC Specific Animal Protection Act7

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

14-360. Cruelty to Animals

a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.

(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony.

(b) If any person shall maliciously torture, mutilate, main, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class H felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.

(c) As used in this section, the words “torture”, “torment”, and “cruelly” include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word “intentionally” refers to an act committed knowingly and without justifiable excuse, while the word “maliciously” means an act committed intentionally and with malice or bad motive. As used in this section, the term “animal” includes every living vertebrate in the classes Amphibia, Reptilian, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:

(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds other than pigeons exempted by the Wildlife Resources Commission, except that this section shall apply to those birds other than pigeons exempted by the Wildlife Resources Commission from its definition of “wild birds” pursuant to G.S. 113-129(15a).

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected] (2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.

(2a) Activities conducted for the primary purpose of providing food for human or animal consumption.

(3) Activities conducted for lawful veterinary purposes.

(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.

(5) The physical alteration of livestock or poultry for the purpose of conforming with breed or show standards.

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Rutherford County LawsCounty Animal Welfare Ordinance (19A-46C)Any person having custody of an animal, as owner or otherwise, who neglects or refuses to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter, and protection from the elements as prescribed in this section shall be guilty of a misdemeanor.

Water. Fresh, clean water should be provided at all times in adequate amounts. Owners should take into consideration the age and size of the animal and the temperature, to ensure the use of a large enough container.

Upon receipt of a complaint by one or more persons setting forth the nature and date of the cruelty, the apparent custodian of the animal, the address of the said apparent custodian, and the description of the animal, the animal control officer shall address the complaint to determine whether the act complained of violates this ordinance. If the complaint is valid upon the animal control officer’s investigation, he or she may remove from the owner’s or the keeper’s custody the animal(s) being investigated immediately and placed in the protective custody of the Rutherford County Animal Shelter (Court Order for Protective Custody of Animals executed by Deborah Burgin, on May 31, 1993). After the animal control officer has taken custody of an animal, he or she must file a complaint pursuant to Article 1 of General Statutes Chapter 19A-46 as soon as possible to the court. When an animal control officer seizes an animal(s), he shall leave with the owner, if known, or affixed to the premises or vehicle a copy of the court order and a written notice of a description of the animal, the place where the animal will be taken, the reason for taking the animal, the place where the animal will be taken, the reason for taking the animal, and the animal control officer’s intent to file a complaint in district court.

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Expense Report FormVolunteer’s Name: ________________________________________________________

Volunteer’s Position: ______________________________________________________

Expense Report Submission Date: ______________________________

List of attached receipts:(Print and attach multiple copies of this page if necessary)

Date Description of Expense Approved byAmount(i.e. Vet Bill, with associated pet name, if applicable)

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Reimbursement Total: ______________________________

I certify that this report is factual and accurate to the best of my knowledge.

Signed: _________________________________________________________________

Dated: _____________________________

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Volunteer Releaseand Waiver of Liability FormThis Release and Waiver of Liability (the “release”) executed on __________ (date) by ________________________________ (“I”, “Volunteer”) releases Lee Shore Rescue, Inc (LSR), a nonprofit corporation organized and existing under the laws of the State of North Carolina and each of its directors, officers employees, and agents. The Volunteer desires to provide volunteer services for Nonprofit and engage in activities related to serving as a volunteer.

Volunteer understands that the scope of Volunteer’s relationship with LSR is limited to a volunteer position and that no compensation will be given in return for services provided by Volunteer; that LSR will not provide any benefits traditionally associated with employment to Volunteer; and that Volunteer is responsible for his/her own insurance coverage in the event of personal injury or illness as a result of Volunteer’s services to LSR.

1. Waiver and Release: I, Volunteer, release and hold harmless LSR and its successors and associates from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the services I provide to LSR. I understand and acknowledge that this Release discharges LSR from any liability or claim that I may have against LSR with respect to bodily injury, personal injury, illness, death, or property damage that may result from the services I provide to LSR or occur while I am providing volunteer services.

2. Insurance: Further, I understand that LSR does not assume any responsibility for or obligation to provide me with financial or other

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected] assistance, including but not limited to medical, healthy, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of LSR beyond what may be offered freely by LSR in the even of injury or medical expenses incurred by me.

3. Medical Treatment: I hereby release LSR from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a volunteer with LSR.

4. Assumption of Risk: I understand that the services I provide to LSR may include activities that may be hazardous to me. As a volunteer, I hereby expressly assume risk of injury or harm from these activities and release LSR from all liability.

5. Photographic Release: I grant and convey to LSR all right, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by LSR in connection with my providing volunteer services to LSR.

6. Other: As a volunteer, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina and that this Release shall be governed by and interpreted in accordance with the laws of the State of North Carolina. I agree that in the event that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.

By signing below, I express my understanding and intent to enter into this Release and Waiver of Liability willingly and voluntarily.

_______________________________________________ ______________________

Signature Date

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

_______________________________________________ ______________________

Of parent or guardian if under 18 Date

_______________________________________________ ______________________

Witnessed by LSR Employee Date

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Background CheckAuthorization FormPrint Name: _____________________________________________________________

Former Name(s) and Dates Used: _____________________________________________

Current Address: _________________________________________________________

City: ________________________________ State: ________ Zip: _________________

At this Current Address Since: _______________________________________________

Previous Address: ________________________________________________________

City: ________________________________ State: ________ Zip: _________________

At this address from: __________________________ to: _________________________

Social Security Number: _______________________ DOB: _______/_______/_________

Home Phone Number: (______)______-__________ Cell: (_______)_______-_________

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Lee Shore Rescue 115 Reservation Drive

Spindale, NC 28608828-817-0944

[email protected]

Driver License Number: ________________________ Driver License State: ___________

I, ________________________________, certify that the above information is to correct to the best of my knowledge.

I hereby authorize Lee Shore Rescue, Inc and its designated agents and representatives to conduct a comprehensive review of the my background causing a consumer report and/or an investigative review of my background causing a consumer report to be generated for volunteer purposes. I understand that the scope of the consumer report/investigative consumer report may include but is not limited to the following areas: verification of current and previous residences; character references; drug testing; civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions; driving records, and any other public records.

I further authorize any individual, company, firm, corporation, or public agency to divulge any and all information, verbal or written, pertaining to me, to Lee Shore Rescue, Inc. I further authorize the complete release of any records or data pertaining to me which the individual, company, firm, corporation, or public agency may have, to include information or data received from other sources. Lee Shore Rescue, Inc shall maintain all information received from this authorization in a confidential manner in order to protect the applicant’s personal information, included, but not limited to, addresses, social security numbers, and dates of birth.

Signature: _______________________________________________ Date: __________

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