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Santa Clara County Operational Area Local Volunteer Management Plan 2012 0 [Insert Name of City] Volunteer Management Plan Attachments March 2012

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Page 1: wp.evc-santaclaracounty.orgwp.evc-santaclaracounty.org/.../7-SC...A-K-Final.docx  · Web viewCity of San Jose . City of San Jose [Insert Name of City] Volunteer Management Plan Attachments

Santa Clara County Operational Area Local Volunteer Management Plan 2012 0

[Insert Name of City]Volunteer Management Plan

AttachmentsMarch 2012

Page 2: wp.evc-santaclaracounty.orgwp.evc-santaclaracounty.org/.../7-SC...A-K-Final.docx  · Web viewCity of San Jose . City of San Jose [Insert Name of City] Volunteer Management Plan Attachments

Attachments

Attachment A EOC Position Checklists..................................................................................................2

Attachment B EOC Data Collection and Report Forms..........................................................................4

Attachment C EOC Public Messaging Templates...................................................................................6

Attachment D EVC Checklists................................................................................................................8

Attachment E EVC Forms....................................................................................................................13

Attachment F Spontaneous Volunteers Disaster Volunteer Position Descriptions.............................26

Attachment G Staff Guide for Managing Spontaneous Volunteers.....................................................41

Attachment H Review of Legal Issues Relating to the Use of Volunteers by Public Entities................47

Attachment I Legal FAQ.......................................................................................................................61

Attachment J Catastrophic Earthquake Situation and Assumptions...................................................63

Attachment K Glossary/Acronyms......................................................................................................68

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A1

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Attachment AEOC Position Checklists

VOLUNTEER COORDINATOR FOR SPONTANEOUS VOLUNTEER RESOURCESReports to: [Insert Unit and Section in the EOC]

General Duties Establish and maintain communications with EVC Manager Manage EVC resource requests Coordinate information regarding spontaneous volunteers and EVCs Coordinate with Public Information function through established EOC protocols If Area EVC activated, oordinate with other cities in Area for supporting Area EVCs

Action Checklist Read the entire Action Checklist. Identify yourself as the Volunteer Coordinator for Spontaneous Volunteer Resources by

putting on the [insert identification method] with your title. Initiate an event log of activities, beginning with notification of the emergency. Obtain a status briefing from the Personnel Unit Leader. Determine if local emergency has

been declared and what are anticipated needs for volunteers. Establish communication with the EVC Manager and brief on the situation. Notify EVC Manager of decision to activate EVC. Determine from EVC Manager what resources are needed to initiate EVC operations and

manage requests utilizing a Mission Tracking Request Form. Gather information from EOC sections and branches regarding needs for volunteers and

relay information to the EVC. Ensure that volunteers affiliating with government-sponsored programs are being properly

registered as Disaster Service Workers (DSWs). Ensure that appropriate forms are being used in the EVC. Monitor resource needs for sustaining EVC operations and manage resource requests. Collect data (see Attachment B for Data Collection Form) from EVCs and other sources on

status of and needs for volunteers and volunteer response. Compile collected data in a Report Form (see Attachment B). Through established EOC protocols, coordinate with PIO/s, and JIC if established, for

broadcasting appropriate messages to the public regarding volunteering. Through established EOC protocols, coordinate with PIO/s, and JIC if established, regarding

release of spontaneous volunteer and EVC data to the media and other parties. Assist EVC Manager with EVC demobilization process. Maintain all required records and documentation to support the history of the emergency.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A2

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VOLUNTEER COORDINATOR FOR AFFILIATED VOLUNTEER RESOURCESReports to: [Insert Unit and Section in the EOC]

General Duties Establish and maintain communications with affiliated volunteer programs and/or their

representatives in the EOC As appropriate, manage resource requests regarding affiliated volunteers and programs Collect and coordinate information regarding affiliated volunteers and programs Coordinate with Public Information function through established EOC protocols

Action Checklist Read the entire Action Checklist. Identify yourself as the Volunteer Coordinator for Affiliated Volunteer Resources by putting

on the [insert identification method] with your title. Initiate an event log of activities, beginning with notification of the emergency. Obtain a status briefing from the Logistics Section/Personnel Unit Leader. Determine if local

emergency has been declared and what are anticipated needs for volunteers. Establish communication with affiliated volunteer programs Gather information from EOC sections and branches on needs for volunteers from affiliated

volunteer programs and manage requests. Monitor resource needs for sustaining affiliated volunteer program operations and, as

appropriate, manage requests. Collect data from deployed affiliated volunteer programs and other sources on volunteer

services and activities (see Data Collection Form, Attachment B Compile collected data in a report (see Report Form, Attachment B). Through established EOC protocols, coordinate with PIO/s, and JIC if established, for

broadcasting appropriate public messages regarding affiliated volunteer programs. Through established EOC protocols, coordinate with PIO/s, and JIC if established, regarding

release of affiliated volunteer program data to the media and other parties. Maintain all required records and documentation to support the history of the emergency.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A3

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Attachment BEOC Data Collection and Report Forms

Volunteer Coordination Daily Data Collection Form Operational Area ________________________________ Date_____________________Data Collected by ________________________________________________________

Spontaneous Volunteers and Emergency Volunteer Centers# Operational EVC Sites

# Volunteers Referred to Govt Programs

# Volunteers Referred to NGOs

Total # of Volunteers Referred

# Agencies to Which Volunteers Referred

Types of Positions to Which Volunteers Referred

# Volunteer Positions Unfilled

County

City 1

City 2

Total

Government-Affiliated Volunteers and Volunteer ProgramsACS CERT MRC Search & Rescue VIPS Other

# Ac

tive

Volu

ntee

rs

#Vol

unte

er

Hour

s

Activ

ities

# Ac

tive

Volu

ntee

rs

#Vol

unte

er

Hour

s

Activ

ities

# Ac

tive

Volu

ntee

rs

#Vol

unte

er

Hour

s

Activ

ities

# Ac

tive

Volu

ntee

rs

#Vol

unte

er

Hour

s

Activ

ities

# Ac

tive

Volu

ntee

rs

#Vol

unte

er

Hour

s

Activ

ities

# Ac

tive

Volu

ntee

rs

#Vol

unte

er

Hour

s

Activ

ities

County

City 1

City 2

Total

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A4

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Volunteer Coordination Daily Report Form

Operational Area ____________________________ Date ______________ ______

Report Prepared by _______________________________________________________

Spontaneous Volunteers and Emergency Volunteer Centers

# EVCs operational and locations

# Volunteers completing intake

# Volunteers referred to government programs

# Volunteers referred to NGOs

Total # volunteers referred

# Agencies to which volunteers referred

Types of positions to which volunteers referred

# Volunteer positions unfilled

Government-Affiliated Volunteers and Volunteer Programs

Program Type # Active programs

# Active volunteers

# Volunteer hours

Brief description of activities

Auxiliary Communications Services

CERT

MRC

Search and Rescue

VIPS

[Insert Other]

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A5

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Attachment CEOC Public Messaging TemplatesSample scripts are provided below for radio, television and print media to direct volunteers to EVCs during a disaster. This is a template only, adapt as necessary based on specifics and needs of the incident.

TelevisionThe following PSAs were developed and designed to be utilized by TV or public television stations during a disaster with a voice over script to direct the public on where to go and what the needs are.

Post Disaster Voice-Over (VO) Sample ScriptFOR USE: IMMEDIATETIME: Estimated at 30 SecondsAGENCY: [insert EVC sponsoring agency or name of jurisdiction]TITLE: Emergency Volunteer Center has been activated

The Emergency Volunteer Center has been activated. In response to the recent [insert event, e.g., earthquake] affecting [insert affected geographical area], volunteers can sign-up to help in [insert name of city or county]. Please do not go to the scene of the event. If you are trained in [insert skills, e.g., language translation] or you just want to help, call [insert phone number] immediately to find the Emergency Volunteer Center nearest you or go to [insert address of local walk-in EVC]. Brought to you by the [insert EVC sponsoring agency or name of jurisdiction].

Radio Public Service AnnouncementThe following Radio Public Service Announcements are designed as Reader announcement messages for radio and can be utilized by local jurisdictions as a sample script for directing volunteers during times of disaster.

Post-Disaster Sample ScriptFOR USE: IMMEDIATETIME: Estimated at 30 SecondsAGENCY: [enter name of EVC sponsoring agency or local jurisdiction]TITLE: Emergency Volunteer Center has been activated

The Emergency Volunteer Center has been activated. In response to the recent [insert event, e.g., earthquake] affecting [insert affected geographical area], volunteers are can sign up to help in [insert name of city or county]. Please do not go to the scene of the event. If you are trained in [insert skills, e.g., language translation] or you just want to help, call [insert phone number] immediately to find the Emergency Volunteer Center nearest you or go to [insert address of local walk-in EVC]. Brought to you by the [enter name of EVC sponsoring agency or local jurisdiction].

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A6

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Press Release Template*Be sure to coordinate the release of information to the press and the public with the Public Information Officer for your jurisdiction*

[Insert City logo(s)] Date:Time:Contact:Phone:Fax:

FOR IMMEDIATE RELEASEEMERGENCY VOLUNTEER CENTER OPENED

City name, CA - In response to [insert name/type of incident and city/region affected] in [insert location], the [insert city/cities] [has/have] opened a local Emergency Volunteer Center in [insert city location]. The Emergency Volunteer Center has information about a variety of community needs and will match people who want to help with appropriate volunteer opportunities.

Volunteers can visit the Emergency Volunteer Center located at [insert street address and city] between [insert opening time] and [insert closing time], or they may call [list area code and phone number] to learn about current volunteer needs and urgent skill requests. Agencies that need volunteers should call [insert area code and phone number].

[IF NEEDED, ADD THIS SECTION] Volunteers with [list specific urgent skills needed such as language, medical, etc.] are urged to contact the Emergency Volunteer Center immediately.

# # #

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A7

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Attachment DEVC Checklists

RECEPTIONISTEVC Staff assigned to the position of Receptionist will be placed at the Reception Station. The Receptionist is the first point of contact with the public to field questions, answer phone calls, and greet prospective volunteers regarding volunteer opportunities in the disaster.

General DutiesThe major responsibilities of the Receptionist include, but are not limited to:

Establish and manage Reception Station Greet visitors and field inquiries Distribute forms to potential volunteers Direct people with non-volunteer related inquiries to the appropriate source Post urgent volunteer needs

Action Checklist Read the entire Action Checklist. Identify yourself as the Receptionist by putting on the nametag or vest with your title. Create a Community Resources and Referral list for directing non-volunteer related inquiries,

e.g., where to donate, where to get help. Update information daily or as new information becomes available. Establish communication with 2-1-1 for referral information, if possible.

Determine where donations are going in your community; consult with your EOC and/or coordinate with CADRE (Collaborating Agencies Disaster Relief Effort) network.

Systematically determine each person’s need as soon as they arrive at the EVC. Refer those with non-volunteer related inquiries to the appropriate agency or organization. Refer representatives of agencies or departments that need volunteers to the Volunteer

Opportunities Desk. Give those who wish to volunteer, including spontaneous volunteers a brief explanation of how

the EVC works and a Disaster Volunteer Intake and Referral Form (EVC Form 1) to fill out in the waiting area.

Once they have completed the Disaster Volunteer Intake and Referral Form, direct the potential volunteer to the Intake and Referral Station or back to the waiting area, as necessary.

If there are large numbers of people in the waiting area, field questions regarding the status of their application. Stay in close contact with the EVC Manager to keep updated on volunteer opportunities.

If there is a need to recruit for a particular skill, post signs in the waiting area or near the Reception Station, as directed by the EVC Manager.

Supervise greeters and refreshment servers to make sure they are giving out accurate information to the public.

During a large-scale activation, activity at this station can be intense and prone to causing staff burnout. Take breaks and rotate new staff into this station as frequently as possible.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A8

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INTERVIEWEREVC Staff assigned to the position of Interviewer will be placed at the Intake & Referral Station. They will briefly interview prospective volunteers and will ensure that all of the information needed from the volunteer is properly documented.

General DutiesThe major responsibilities of the Interviewer include, but are not limited to: Establish and manage the Intake & Referral Station Conduct a brief interview with each prospective volunteer Refer volunteer to an appropriate opportunity Confirm that volunteer has filled out all the required paperwork

Action Checklist Read the entire Action Checklist. Identify yourself as the Interviewer by putting on the nametag or vest with your title. Initiate an event log of activities, beginning with notification of the emergency. Make sure the Disaster Volunteer Intake and Referral Form (EVC Form 1) is filled out correctly.

Assist prospective volunteer, if necessary. Conduct a brief interview utilizing the Volunteer Interview Guide (EVC Form 7). Review with volunteer:

• priority skills and abilities• whether or not they are 18 years of age• physical limitations• language skills• availability

Assess volunteer’s priority skills, review options and match volunteer with most appropriate opportunity.

Briefly explain assignment to volunteer. Note referral(s) on Disaster Volunteer Intake and Referral Form (EVC Form 1). Give volunteer a NCR copy (or a photocopy) of Disaster Volunteer Intake Form. If not possible,

retain original form. Forward completed forms to Data Coordinator. If volunteer is being referred to a position within the jurisdiction, send volunteer to the DSW

Volunteer Registration Station. If you have concerns during the interview, DO NOT place the volunteer. Inform volunteer you

will get back to him or her and consult with the EVC Manager. Document any notes, questions or concerns you have about the volunteer in event log. If unable to place volunteer at that time, explain situation and give them an idea of when you

will call back or when they can check back with you. If volunteer is offering resources, determine resource availability and conditions of use. Refer volunteer resources to appropriate agency, organization or field site.

REGISTRAR[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A9

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EVC staff assigned to the position of Registrar will be placed at the Volunteer Registration Station. This person will register volunteers who are being placed in local jurisdictions as Disaster Service Worker (DSW) volunteers.

General DutiesThe major responsibilities of the Interviewer include, but are not limited to: Establish and manage the DSW Volunteer Registration Station Register volunteers as Disaster Service Worker (DSW) volunteers Ensure completion of required paperwork Administer the Loyalty Oath (function must be performed by a government employee authorized

to administer the oath)

Action Checklist Read the entire Action Checklist. Identify yourself as the DSW Registrar by putting on the nametag or vest with your title. Initiate an event log of activities, beginning with notification of the emergency. Obtain completed Disaster Volunteer Intake and Referral Forms from Intake and Referral

Station. Confirm that the position within the jurisdiction to which the volunteer was referred is still

available. If needed, conduct a brief secondary interview of volunteer, utilizing the Volunteer Interview

Guide (EVC Form 7), with questions relevant to the position. If you have concerns during the interview, DO NOT place the volunteer. Inform volunteer you

will get back to them and consult with the EVC Manager. Instruct the volunteer to fill out the Disaster Service Worker Registration Form (EVC Form 2);

note position placement on that form and give the volunteer the yellow copy of the NCR form (or a photocopy).

Administer (or have authorized staff administer) the Loyalty Oath. Complete any other necessary paperwork required for your jurisdiction to utilize the volunteer. Instruct volunteer on next steps:

• Where and when to report for orientation and/or training• Who within local jurisdiction will be their supervisor• Give volunteer any necessary safety information, timecards, etc., pursuant to jurisdiction’s volunteer management policies and procedures

Periodically notify Volunteer Data Coordinator of placements completed. Maintain completed DSW forms and file with the appropriate authority.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A10

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VOLUNTEER OPPORTUNITIES COORDINATOREVC Staff assigned to the Volunteer Opportunities Coordinator position will work at the Volunteer Opportunities Station. Their role is to assist agencies and organizations to determine volunteer needs and provide guidance on the tools they can utilize to properly manage spontaneous volunteers.

General DutiesThe major responsibilities of the Volunteer Opportunities Coordinator include, but are not limited to:

Establish and manage the Volunteer Opportunities Desk Serve as liaison to the jurisdiction’s departments and NGOs that need volunteers Relay volunteer requests to EVC Interviewers Supervise Data Coordinator Assist NGOs and departments with disaster volunteer management issues

Action Checklist Read the entire Action Checklist. Identify yourself as the Volunteer Opportunities Coordinator by putting on the nametag or vest

with your title. Ask the Reception Station to direct requests for volunteers from agencies to your station. Ask communications desk that messages from the EOC regarding requests for volunteers reach

you. Assist agency or department representatives with completion of Disaster Volunteer Request

Forms (EVC Form 3) for volunteers. Number Disaster Volunteer Request Forms sequentially in the order received. Send information regarding volunteer requests to EVC Interview Station as soon as they have

been received. Forward completed Disaster Volunteer Request Forms to the Data Coordinator. Alert EVC Interview Station if there is an urgent need for people with particular skills such as

interpreters or nurses. Also notify EVC Manager so special recruitment procedures can be considered.

Confirm that each outside agency understands that disaster volunteers must register with that agency for insurance and liability purposes.

When notified by Data Coordinator than an opportunity appears to have been filled, notify requesting agency (if possible) to determine whether enough volunteers have responded or whether the job should remain open.

Inform Interviewers when a job has closed. Confirm that each department within the jurisdiction understands the need to follow Disaster

Service Worker policies and procedures. Link agencies and departments that have disaster volunteer management needs with available

resources (many agencies may not have developed procedures for working with disaster volunteers and may need some assistance and guidance).

In the early stages of the disaster, contact agencies by any means possible to identify volunteer opportunities. Outreach to agencies can be conducted any time this station is not busy with immediate incoming requests. As communications become available, Volunteer Opportunities staff can utilize phone, fax, the Internet and runners with cellular phones to determine needs.

VOLUNTEER DATA COORDINATOR[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A11

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The Volunteer Data Coordinator staffs the Data Coordination Desk. Their role is to manage and track all of the volunteer placements and related data.

General DutiesThe major responsibilities of the Volunteer Data Coordinator include, but are not limited to: Establish and manage the Data Coordination Desk Enter/manage data on volunteers Enter/manage data on agency requests Establish and manage tracking process for volunteers needs and placements Notify Volunteer Opportunities Desk when a request for volunteer has been filled Compile and issue daily reports on numbers of volunteers referred

Action Checklist Read the entire Action Checklist. Identify yourself as the Volunteer Data Coordinator by putting on the nametag with your title. Collect completed Disaster Volunteer Intake Forms (EVC Form 1) from Intake & Referral Station.

Sort into piles, one for referred volunteers, one for pending. Return pending forms to Interviewers Station for follow-up.

Devise a manual or computerized system for recording number of volunteers referred to each volunteer opportunity.

If a manual system is utilized, hold this information for future database entry. If database capabilities exist, input all volunteer information from Disaster Volunteer Intake

Forms. Inform Volunteer Opportunities Coordinator immediately when it appears enough volunteers

have been referred to a particular job. Assist Volunteer Opportunities Coordinator by entering data on agency requests. Run daily report on number of volunteers processed, number of volunteer referred and to which

agencies, and any other pertinent data. When EVC is demobilized, retain forms for the jurisdiction.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A12

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Attachment EEVC FormsCopies of all Forms are available on CD and USB Drive in EVC Resource Kit

[EVC Form 1] Disaster Volunteer Intake Form – An intake form to determine appropriate placements for volunteers. It is a Volunteer Center Form and is the first document used at the EVC to determine volunteer skills, availability, etc. This is the only form that needs to be filled out if volunteers are being placed outside of your city. If a volunteer is placed within the city, a Disaster Service Worker Registration Form is also required.

[EVC Form 2] Disaster Service Worker Registration Form – A form is used by local government organizations that choose to utilize spontaneous volunteers in their response and recovery operations. It contains the Loyalty Oath required by the State of California for registering Disaster Service Workers for Worker’s Compensation Coverage. The Loyalty Oath must be administered by city clerk or city staff authorized to administer the Oath.

[EVC Form 3] Disaster Volunteer Request Form – A form enabling agencies and/or internal departments to request volunteer assistance. It contains jobs typically done by spontaneous volunteers in a response.

[EVC Form 4] Disaster Volunteer Opportunities Chart – This chart is designed to be utilized to track incoming volunteer opportunities and can be enlarged to make a wall size chart that the Volunteer Intake and Referral Station can view and make referrals from. The Volunteer Opportunities Coordinator is responsible for inputting information on this chart.

[EVC Form 5] Emergency Volunteer Center Set-up Map – A basic layout map for setting up stations at the Emergency Volunteer Center (EVC). It can be adapted to fit room size, flow of traffic, etc.

[EVC Form 6] Emergency Volunteer Center Supply Kit – A list of suggested supplies for the Emergency Volunteer Center. It is recommended that an EVC kit be stocked and stored at each facility that could serve as an EVC for your city or region in the event of a disaster.

[EVC Form 7] Disaster Volunteer Interview Guide – A guide of suggested questions for interviewing volunteers when you activate the EVC.

[EVC Form 8] Sample Press Release – See Attachment C – A template of a generic press release that addresses volunteer issues for the public that can be utilized in a disaster. Be sure to coordinate with your local PIO any information released to the press.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A13

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[EVC Form 9] Sample Volunteer Timesheet – A timesheet to be utilized at a field site or volunteer location. Designed for logging in several volunteers on a daily basis.

[EVC Form 10] Fact Sheet for Volunteers – A small tip sheet that can be reviewed with the volunteer and given to the volunteer when they receive their assignment.

[EVC Form 11] Communications Log – Developed as a tool for the Communications Coordinator in the EVC to streamline and document incoming communications.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A14

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A15

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A16

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A17

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A18

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A19

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A20

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These supplies are for activation of the Emergency Volunteer Center. Adapt as necessary to supplies already stocked in your jurisdiction (e.g., equipment, batteries).

Basic Kit Supplies:Office Supplies Clip boards (3) Envelopes (125, no.10) Flip chart (1, Post-it) Folders (75, manila) Folder labels (1 pack) Index cards w/ box (200, 3x5) Paper (1 pack, 3-hole, lined) Paper clips and pushpins (1 variety pack) Pencil erasers (3, pink) Pencil sharpner (1, manual) Post-it fax pads (2 pads) Post-it note pads (9 pads, 3x3) Rubberbands Scissors (3, 8 in.) Spiral notebooks (6) Stapler w/ staples and remover (1 set) Tape, masking (2 rolls) Tape, clear (4 rolls) White board (1, magnetic w/ markers) White board eraser (1) Writing utensils

Pencils (3 dozen) Pens (2 dozen) Perm. markers (6, assorted colors) Highlighter pens (6, assorted colors)

EVC Plan Binder Countywide Plan Forms

Disaster Volunteer Intake Form Disaster Volunteer Registration Form Disaster Volunteer Request Form Spontaneous Volunteer Template Plan Position Descriptions

Signs EVC banner EVC signs with directional arrows EVC station signs

Misc. Supplies: County map (Thomas Guide) Cameras (3, disposable) First aid kit (1 kit w/ small travel pack) Duct tape (2 rolls) Trash bags (13-gallon) Ziplock bags (gallon-size)

Optional Equipment and Supplies (can be in separate kit or added to above supplies): Accordian/portable file container Disposable, antibacterial wipes Emergency blankets Extra batteries Flashlights Lightsticks Paper towels Portable clock/radio (battery-operated)

Vests, hats, shirts, badges for EVC staff Large tarp for outdoor set-up Digital camera with batteries Fax machine Laptop computer Phones (landline, cell) Copy machine

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A21

[EVC Form 06] 2012

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A22

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[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A24

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Communications Coordinator LogCommunications Coordinator LogEVC_____________________________________________________________________

Period of Time Covered (date/hour): From________________ To_________________

1. Determine appropriate EVC staff for action2. Enter into log3. Forward to appropriate EVC staff4. Complete log

Msg # Time In Message Summary Forwarded to/Action Taken Time Out

Name________________________________Signature____________________________

[EVC Form 11] 2012

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A25

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Attachment FSpontaneous Volunteers Disaster Volunteer Position Descriptions

Position Descriptions IndexVolunteer Position DSW Classification Supervising Department

Shelter Assistant Animal Rescue, Care & Shelter

Animal Care Assistant Animal Rescue, Care & Shelter

Communications Assistant Communications

Interpreter Communications

Message Runner Communications

Phone Bank Worker Communications

Clerical Aide Finance & Administrative Staff

Interviewer Human Services

Laborer Laborer

Sandbagging Assistant Laborer

Security Assistant Law Enforcement

Traffic Control Assistant Law Enforcement

EVC Assistant Logistics

Driver Logistics

For guidelines from the State of California regarding disaster service workers, please see Disaster Service Worker Volunteer Program Guidance, Governor’s Office of Emergency Services, www.oes.ca.gov.

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A26

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Shelter Assistant

DSW Classification: Animal Rescue, Care & Shelter

Volunteer Position Title: Shelter Assistant

Department: Recreation

Supervisor: Recreation Staff or as assigned

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts for duration of shelter operations

Tasks/Duties: Assist recreation staff or American Red Cross with care and shelter tasks including answering client questions and directing clients to appropriate city resources.

Desired Skills/Qualifications: English speaking and bilingual skillsEnjoy working with public, strong customer service skillsGood listening skillsAbility to work in a fast-paced environmentPatience a plus

Training Required: 30-minute orientation session and designated training from shelter staff

Safety Training Conducted by: Recreation staff or American Red Cross

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Animal Care Assistant

DSW Classification: Animal Rescue, Care & Shelter

Volunteer Position Title: Animal Care Assistant

Department: Animal Services or Recreation

Supervisor: As assigned

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts for duration of shelter operations

Tasks/Duties: Assist recreation staff, American Red Cross, the humane society or animal services with tasks related to sheltering and caring for domestic animals. May provide services at or near shelter sites.

Desired Skills/Qualifications: English speaking and bilingual skillsEnjoy working with public, strong customer service skillsGood listening skillsAbility to work in a fast-paced environmentKnowledge of domestic animal behaviors (such and dogs and cats) and experience as a pet ownerComfortable handling animalsGood physical condition

Training Required: 30-minute orientation session and designated training from animal services staff or the humane society

Safety Training Conducted by: Recreation staff, Animal Services or the Humane Society

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Communications Assistant

DSW Classification: Communications

Volunteer Position Title: Communications Assistant

Department: [insert department position assigned to]

Supervisor: Per departmental assignment

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Assist city staff and communications staff/DSW volunteers with disaster communications. Communication technologies may include HAM radio, packet radio, and cellular and/or other communications devices as assigned.

Desired Skills/Qualifications: Knowledge of HAM radio or amateur radio technologies Good communication skillsAbility to work under pressureAbility to work independentlyAbility to follow specific instructions

Training Required: Orientation to disaster situation provided by supervising staff. Specific instructions regarding communications equipment will be provided.

Safety Training Conducted by: To be determined by supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Interpreter

DSW Classification: Communications

Volunteer Position Title: Interpreter

Department: [insert department position assigned to]

Supervisor: Per departmental assignment

Site/Work Location: Varies as assigned

Time/Shift Commitment: Up to eight hours per day

Tasks/Duties: Assist city staff providing emergency response with communications to non-English speaking residents. May be assigned to assist first responders, shelters workers, disaster assistance centers, or requested to shadow officials in response and recovery activities.

Desired Skills/Qualifications: Verbal fluency in both English and a second language required for this positionGood listening skillsExcellent customer service skillsAbility to work under pressureComfortable interacting with the publicAble to follow specific directions

Training Required: Orientation to disaster situation provided by supervising staff.

Safety Training Conducted by: To be determined by supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Message Runner

DSW Classification: Communications

Volunteer Position Title: Message Runner

Department: [insert department position assigned to]

Supervisor: Per departmental assignment

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Deliver written messages by foot, bike or car to and from Emergency Operations Center (EOC), field locations, shelter operations or within departments per specific assignment from supervising department.

Desired Skills/Qualifications: Knowledge of local roadsAbility to read a map Good sense of directionAbility to work under pressureAbility to work independentlyAbility to follow specific instructionsIf using car, valid CA driver’s license required

Training Required: Orientation to disaster situation provided by supervising staff.

Safety Training Conducted by: To be determined by supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Phone Bank Worker

DSW Classification: Communications

Volunteer Position Title: Phone Bank Worker

Department: [insert department position assigned to]

Supervisor: Per Departmental Assignment

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts for duration of disaster operations

Tasks/Duties: Serve as initial phone contact for citizen inquires regarding shelter facilities, disaster assistance centers or general disaster response questions. Responsible for disseminating accurate information regarding emergency response operations and relief services.

Desired Skills/Qualifications: English speaking and bilingual skillsEnjoy working with public, strong customer service skillsAbility to read (phone scripts)Ability to speak and write clearlyGood listening skillsPleasant phone demeanorAbility to stay calm under pressure

Training Required: 30-minute orientation/training session

Safety Training Conducted by: Supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Clerical Aide

DSW Classification: Finance and Administrative Staff

Volunteer Position Title: Clerical Aide

Department: [insert department position assigned to]

Supervisor: Per departmental assignment

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Support emergency operations functions for various city staff. Clerical tasks may include typing, filing, e-mail and fax distribution, answering phones, data-entry, word-processing, collating and other duties as assigned.

Desired Skills/Qualifications: Good customer service skillsAbility to follow specific and detailed instructionsAbility to work in a fast-paced environmentAbility to work independentlyAbility to type at least 30 w.p.m. (if applicable to specific assignment)Computer literateGood phone skills

Training Required: As determined by assigned department

Safety Training Conducted by: Supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Interviewer

DSW Classification: Human Resources

Volunteer Position Title: Interviewer

Department: Human Resources/Personnel or Volunteer Management

Supervisor: Per departmental assignment

Site/Work Location: Emergency Volunteer Center or as designated

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Interview potential volunteers to assist city staff in emergency operations. Interviewers will work at the Emergency Volunteer Center or where assigned by Human Resources/Personnel.

Desired Skills/Qualifications: Good customer service skillsExcellent people skillsGood judgmentAbility to work in a fast-paced environmentGood phone skillsAbility to speak and write clearlyBilingual skills (not required, but desired in some volunteers)

Training Required: Determined by supervising department

Safety Training Conducted by: Supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Laborer

DSW Classification: Laborer

Volunteer Position Title: Laborer

Department: Public Works

Supervisor: Director of Public Works or as assigned

Site/Work Location: Field locations as assigned

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Working under supervision of Public Works staff, assist with heavy labor tasks such clean-up, sandbagging, sorting, loading, hauling and the removal of debris from roadways, city facilities and properties. May also include assisting general heavy duty clean-up efforts.

Desired Skills/Qualifications: Must be able to lift up to 50 pounds Good physical health, ability to do heavy and repetitious liftingAbility to work in a team environmentAble to follow specific instructionsExperience working in construction or with heavy equipment desired

Training Required: On-site procedural training will be conducted by Public Works Staff

Safety Training Conducted by: Public Works Staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Sandbagging Assistant

DSW Classification: Laborer

Volunteer Position Title: Sandbagging Assistant

Department: Public Works

Supervisor: Director of Public Works or as assigned

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Assist Public Works staff with filling and loading sandbags for flood control efforts within local jurisdiction.

Desired Skills/Qualifications: Must be able to lift up to 50 pounds Good physical healthAbility to work in a team environmentAble to follow specific instructions

Training Required: Procedural training for filling sandbags will be required for this position

Safety Training Conducted by: Public Works Staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Security Assistant

DSW Classification: Law Enforcement

Volunteer Position Title: Security Assistant

Department: [insert department position assigned to]

Supervisor: Police Chief or as assigned

Site/Work Location: As assigned

Time/Shift Commitment: 2-4 hour shifts as assigned

Tasks/Duties: Working under the direct supervision of law enforcement, assist with crowd control. Duties could include helping prevent public access to unsafe areas, assisting law enforcement with crowd control at shelters or other relief sites, or other duties as assigned.

Desired Skills/Qualifications: Excellent people skillsAbility to work under pressureAble to follow specific and detailed instructionsPrior law enforcement or security experience desired

Training Required: As determined by Supervisor

Safety Training Conducted by: Supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Traffic Control Assistant

DSW Classification: Law Enforcement

Volunteer Position Title: Traffic Control Assistant

Department: [insert department position assigned to]

Supervisor: Police Chief or as assigned

Site/Work Location: Road locations as assigned

Time/Shift Commitment: 2-4 hour shifts as assigned

Tasks/Duties: Working under the direct supervision of Public Services or law enforcement staff, assist with manual traffic control duties. Duties could include manual signage, locating and maintaining portable signs or other tasks as assigned.

Desired Skills/Qualifications: Experience at manual traffic signalingAbility to work under pressureAble to follow specific and detailed instructionsGood physical healthAbility to stand on feet for several hours at a time

Training Required: As determined by the Police Chief or as assigned

Safety Training Conducted by: Supervising Staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Driver

DSW Classification: Logistics

Volunteer Position Title: Driver

Department: [insert department position assigned to]

Supervisor: As assigned

Site/Work Location: Field locations as assigned

Time/Shift Commitment: 4-6 hour shifts as assigned

Tasks/Duties: Driving city or own vehicle, assist with the transportation of persons, materials, supplies and/or equipment to assist with disaster response and clean-up efforts. Drivers may also be needed to provide courier services.

Desired Skills/Qualifications: Must possess a valid CA driver’s license for the class of vehicle assigned and show proof of insurance Good physical healthAble to follow specific instructionsKnowledge of local roads and surrounding areas or ability to read a map

Training Required: As determined by supervising staff

Safety Training Conducted by: Supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Emergency Volunteer Center Assistant

DSW Classification: Logistics

Volunteer Position Title: Emergency Volunteer Center Assistant

Department: Human Resources or Volunteer Services

Supervisor: As Assigned

Site/Work Location: As assigned

Time/Shift Commitment: 4-8 hour shifts as assigned

Tasks/Duties: Support operations of the Emergency Volunteer Center. Tasks may include interviewing volunteers, answering phones, data-entry, delivering messages or other duties as assigned.

Desired Skills/Qualifications: Good customer service and people skillsAbility to follow specific and detailed instructionsAbility to work in a fast-paced environmentAbility to work independentlyGood phone skills

Training Required: Will be trained on-site at Emergency Volunteer Center

Safety Training Conducted by: Supervising staff

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Attachment G

Staff Guide for Managing Spontaneous Volunteers

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Placing, Orienting, Training and Supervising Spontaneous Volunteers

Placing, orienting, training and supervising spontaneous volunteers are essential to the successful involvement of volunteers in disaster response and recovery efforts. This guide is a tool to help field staff appropriately manage spontaneous volunteers in a disaster.

It is critical to assign volunteers to appropriate functions or tasks. Even if briefly, bring new volunteers up to speed on the scope of the project, cover essential do’s and don’ts, and make them aware of important situational or environmental factors. Provide training and supervision to ensure that volunteers understand your jurisdiction’s policies and procedures and act appropriately for their own safety and that of the impacted community.

PLACEMENT CHECKLIST

The purpose of placement is to match volunteers with appropriate functions or tasks based on their expertise, qualifications and interests. Make an effort to assign volunteers to tasks in which they have prior experience.

SUPERVISION Introduce the volunteer to his/her supervisor and co-workers Clarify reporting requirements and whom to report to if the supervisor is absent

FUNCTION OR TASK Provide volunteer with a position description or duty statement Ensure the volunteer understands the responsibilities Do not assign volunteer to any function or task that is dangerous or that requires

specialized training (unless the volunteer has the appropriate certification/licenses and your jurisdiction has approved this type of work for the volunteer)

WORK AREA Show volunteer the facilities, work area, rest rooms, lunch area Explain necessary dress code, if any (i.e. heavy boots)

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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ORIENTATION CHECKLIST

Orient volunteers to the agency and the disaster situation. An orientation provides volunteers with the basic information necessary to function as agency staff.

WELCOME & BRIEFING Thank volunteers for coming to help Give an update of the disaster situation Include both community and environmental aspects Explain agency/department mission and its disaster responsibility If possible, end briefing with a walk-through of the work area

LOGISTICS Review procedure for filling out timecards & where to check in and out at the worksite Explain the chain of command and work schedule Show volunteers where to store personal belongings Review parking information (if applicable) Remind volunteers of necessity for wearing ID badges visibly at all times Define any boundaries or access issues volunteers might face at the field site or location

they are assigned to Give each volunteer a map of the disaster site and surrounding areas

SAFETY Brief volunteers on safety rules and guidelines and importance of compliance Review appropriate equipment required Highlight evacuation procedures ( if necessary) Explain procedure to follow in the event of injury, including use of accident forms

PUBLIC RELATIONS Brief volunteers on how they should deal with members of the media and citizens if

asked questions while on the job Remind volunteers that during the time of their service they may be viewed as

representing the city and should act accordingly

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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TRAINING CHECKLIST

Training helps assure safe volunteer involvement in disaster operations, helps maintain consistency and quality of services to citizens/clients, tells volunteers they are being taken seriously, and helps protect the interests and assets of the city. For the best results in the shortest time, train to the specific job.

Additionally, appropriate training is a requirement for Disaster Service Worker (DSW) coverage for spontaneous volunteers. “To be covered for worker’s compensation benefits, these (convergent) volunteers must meet all of the requirements as indicated in the DSW Volunteer Program Regulations. This would include proper registration, appropriate training and working under official supervision . . . all DSW volunteers should be given basic safety instructions commensurate with the environment in which they may be providing services.” Disaster Service Worker Volunteer Program Guidance, Governor’s Office of Emergency Services, 2001.

REQUIRED TOPICS FOR TRAINING SESSIONS Normal operating rules and procedures How to use and store equipment safely and efficiently Necessary clothing/gear (e.g., heavy shoes, gloves, vests) Safety rules and regulations, including reporting of accidents Hazardous materials/zones and other health-related issues

TRAINING METHODS When possible, train volunteers in groups If many volunteers are assigned the same job, offer group training sessions at the

beginning of each shift or the beginning of a day Alternatively, volunteers can be trained on a “one-on-one” basis by pairing them with

city staff Make instructions clear, concise and specific. Follow up oral instructions with written

information (laminated), video or actual physical demonstrations when possible. Encourage volunteers to ask questions!

RECORD-KEEPING Keep records of volunteer training – who conducted it, who participated in it, when and

where it took place Maintain and utilize a training sign-in sheet Maintain training records in a designated place for possible future retrieval

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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SUPERVISION CHECKLIST

The supervisor’s job is to ensure that volunteers understand their responsibilities, know how to carry out their work, and are meeting performance standards. To get started quickly, have the necessary supplies, equipment, and space available when volunteers arrive.

PRACTICE Allow volunteers, once trained, to practice with supervision until they have mastered

the task Pair experienced people with new volunteers to help the newcomers learn

ACCESS Provide volunteers the same kind of support available to employees (e.g., access to

supervisors, rest area, bathrooms, food and water), particularly if they are working in field locations

Make sure all new volunteers know who supervises them and to whom they should report with questions or problems

SAFETY Pay attention to safety issues and ensure volunteers get adequate meals and fluids Volunteers performing strenuous tasks or working in the field are especially vulnerable

to dehydration AVOIDING BURN-OUT

In especially stressful jobs, rotate volunteers and staff frequently Plan and enforce suitable breaks Discourage shifts longer than eight hours Offer access to disaster mental health counselors when appropriate

RECORD-KEEPING Maintain log of each volunteer’s work hours Develop and use a system for tracking volunteers serving in the field Review volunteers’ time sheets and travel expense claims before they are processed Assess volunteer work and document volunteer performance

APPRECIATION Treat volunteers with respect and recognize their contributions by saying thank-you Praise good efforts and assign promising volunteers to tasks of increasing responsibility

DE-BRIEFING At the end of a shift/day, update volunteers of disaster situation and progress Provide a forum for input, trouble-shoot, and review their work progress Provide opportunities for metal health counseling to volunteers as part of the de-

briefing process

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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PREPARATION TIPS

Prepare written orientation materials in advance Include department disaster responsibilities, organizational chart, volunteer program

policies and procedures, copies of commonly used forms, and list of relevant phone numbers

Give hand-outs such as written policies and procedures to new volunteers to reinforce points made during orientation and training

[Insert Name of City] Volunteer Management Plan Attachments [Insert Date]

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Attachment HReview of Legal Issues Relating to the Use of Volunteers by Public Entities

Prepared by Brian Budds, RN, MS, JDThe Queenstone Group

I. IntroductionThe purpose of this memorandum is to outline issues relating to liability and immunity as they relate to the use of volunteers by public entities, especially in response to emergency or disaster situations.

The first section addresses those protections afforded to volunteers. Both federal and state law are reviewed and the extent and limitations of protections are discussed.

Then, particular issues relating to the public entities themselves are discussed. In particular, the extent to which a public entity may be held liable for the actions of its subordinates (employees or volunteers) and the extent to which a public entity may be held liable for its own actions or omissions are discussed.

This memorandum is intended to be a review of the issues related to liability and is in no way intended to be, nor should it be relied on to be, legal advice. Public entities who utilize volunteers in their disaster or emergency response should consult with appropriate legal counsel regarding specific legal questions or concerns.

II. Protections Available to Volunteers

a. Federal ProtectionThe Volunteer Protection Act of 1997 (“VPA”)1 is a federal law which gives very broad protection to individuals who volunteer in nonprofit public and private organizations and governmental agencies. Like all such legislation, its intent is to promote the public interest served by having a robust sense of volunteerism throughout the nation. Congress specifically intended to protect citizens from liability abuses in order to encourage people to engage in volunteer activities.

Unlike many laws that are designed to protect volunteers, like the “Good Samaritan Laws” discussed below, the VPA is not dependent on there being a state of emergency, either in fact or declared. Rather, the law applies to volunteers of “a nonprofit organization or governmental entity” regardless of whether there exists any kind of emergency.

This law does not conflict with any of the California laws that give protection to volunteers and does apply to volunteers within California. (Some of the California laws may be more protective and also apply).

1 42 USC §§ 14501, et. seq.[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A47

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In essence, the law states that no volunteer of a nonprofit organization or governmental agency will be held liable, under federal or state law, for an act or omission if the following conditions apply:

1. The volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;

2. If appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental agency;

3. The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer; and

4. The harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-

a. possess an operator’s license; or b. maintain insurance.

This law does not interfere with any lawsuit the organization or entity may bring against a volunteer nor does it directly impact any liability that the organization or entity may incur as a result of harm coming to a person.

There are exceptions in the law for specific behaviors. In particular, the limitations on liability do not apply (i.e., the volunteer could be held liable) if the misconduct in question:

1. constitutes a crime of violence or act of international terrorism for which the defendant has been convicted in any court;

2. constitutes a hate crime;3. involves a sexual offense, as defined by applicable State law, for which the

defendant has been convicted in any court; 4. involves misconduct for which the defendant has been found to have violated a

Federal or State civil rights law; or5. where the defendant was under the influence (as determined by State law) of

intoxicating alcohol or any drug at the time of the misconduct.

Finally, in order to be covered by these protections, the person must be a volunteer. This law defines “volunteer” as one who performs service for the organization or entity and who does not receive either compensation or any other thing of value in lieu of compensation.

In sum, the VPA, while providing no specific direct protection from liability to organizations or governmental entities, does provide very broad protection to individual volunteers who are performing within the scope of their responsibilities and not engaging in willful or criminal misconduct.

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While the VPA is the widest reaching of federal laws providing protection to volunteers, there are other federal statutes that could afford some level of immunity to volunteers under certain circumstances. For example, the Public Readiness and Emergency Preparedness Act (“PREP”)1 affords immunity from liability for any harm (other than from willful acts) that arises out of administration or use of “countermeasures” to treat a disease that the Secretary of Health and Human Services has declared constitutes a present or credible risk of a future public health emergency.

To the extent that volunteers are engaged in the administration of a particular countermeasure, e.g., a medication or vaccination, the PREP Act could be construed to apply to them. It is important to note that the PREP Act requires a specific declaration on the part of the Secretary of Health and Human Services apart from any other declaration that may or may not have been made. This act would have particular impact in the case of a pandemic or, perhaps, a biological event requiring mass prophylaxis of treatment.

b. California ProtectionsCalifornia protections are more confusing as they are spread out among a number of different statutes. In fact, while the basic concept of a “Good Samaritan Law” is widely understood, it would be mistake to suggest that there is a single Good Samaritan Law in California. Rather, it is more to the point that there are several laws that address the goal of all Good Samaritan Laws—i.e., encouraging citizens to become engaged in emergency situations by decreasing the risk of incurring liability. If we are all rightly afraid of being sued if were to intervene, then most of us would hesitate or refuse to become involved. These laws are designed to decrease the concern of litigation and increase the incentive to volunteer.

Health & Safety Code § 1799.102Section 1799.102 of the Health & Safety Code is perhaps the closest of these statutes to a true, general Good Samaritan Law. It has been the focus of recent key decision of the California Supreme Court and, consequently, has been revised.

The most important section of the statute now reads as follows:

“No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”

Prior to its revision in August 2009, this statute applied to those who render “emergency care” at the scene of an emergency. However, in a celebrated case (Van Horn v. Watson)2, the California Supreme Court ruled that the protections afforded by that law applied only to the “medical care” offered and not to “nonmedical care.” The case

1 42 USC 201, et seq.[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A49

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involved a group of friends who were in a serious automobile accident. The defendant, perhaps fearing that the damaged automobile could explode, pulled her friend from the vehicle injuring the friend’s spinal cord in the process. The court’s decision rested on whether the care being rendered—i.e., pulling her from the car—was the kind of care that the legislature intended to address with the original law.

This ruling left the law in a situation which could produce rather a rather perverse outcome. In short, a person could be held liable for injuries sustained when undertaking a rescue from a life-threatening situation but not for harming the person by negligently performing attempts to resuscitate or staunch bleeding. The legislature addressed this discrepancy and the governor signed the legislation which became effective in August 2009. Now, any person responding in this sort of emergency situation and rendering care—be it medical in nature or not—is immunized from liability for injuries brought about by their action.

It is important to note that this legislation applies to any person and not only to those professionals who might render medical assistance. While it does address licensed healthcare providers such as nurses and physicians, it applies equally to all. And, importantly, while it requires that there be a “scene of an emergency,” it does not require that there be some sort of declared emergency. The law does distinguish a scene of emergency from those locations in which emergency care is routinely delivered, e.g., Emergency Departments of hospitals.

Profession Specific LawsSeveral health professions in California have sections of their professional practice acts designed specifically to give these practitioners incentive to become involved and engaged in an emergency situation. While these provisions differ in details, each provides some level of immunity for liability for actions taken in an emergency so long as the act or omission is not willful. These provisions include:

Business & Professions Code § 2395—Physicianso Grants immunity for acts delivered at the scene of an emergency which can

include an emergency room in a declared emergency. Acts occurring during the declared emergency as well as in the lead up to the declaration are covered. Willful misconduct is excepted.

Business & Professions Code § 1627.5—Dentistso Grants immunity to dentists who render emergency car at the scene of an

emergency or who render care in response to a declared state of emergency without compensation. Acts of gross negligence or willful misconduct are excepted.

Business & Professions Code § 2727.5—Registered Nurses

2 45 Cal. 4th 322[Insert Name of City] Volunteer Management Plan Attachments [Insert Date] A50

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o Grants immunity to registered nurses acting in good faith at the scene of an emergency outside of the place of their employment. The immunity does not apply in cases of gross negligence.

Business & Professions Code § 2861.5—Licensed Vocational Nurseso Grants immunity for acts rendering emergency care outside the place and

course of employment. Acts of gross negligence are excepted. Business & Professions Code § 3503.5—Physician Assistants

o Immunity is granted for acts rendered in good faith at the scene of an emergency, outside of place and course of employment. No immunity for gross negligence. Physician Assistants are also immunized for such acts rendered pursuant to delegated authority from a supervising physician.

Health & Safety Code § 1799.106—Firefighters, Police Officers, Emergency Medical Technicians, Paramedicso In order to encourage firefighters, police officers, other law enforcement

officers, emergency medical technicians, and paramedics to render care, any care rendered by these individuals in an emergency is immunized so long as it is rendered in good faith and not in a grossly negligent manner.

A similar broad grant of immunity is given to some of these same specific individuals and entities who respond during a declared emergency. California Government Code § 8659 reads as follows:

“Any physician or surgeon (whether licensed in this state or any other state), hospital, pharmacist, nurse, or dentist who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any person by reason of such services, regardless of how or under what circumstances or by what cause such injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission.”

Disaster Service Worker Program 1 As is noted above, many of the statutes granting immunity are, understandably, focused on specific health and emergency related professions. While this makes good policy sense in terms of incentivizing those professions to become engaged, it appears to leave

1 The Disaster Service Worker Volunteer Program is well described in guidance published by the California Office of Emergency Services. That guidance, last updated in April 2001, is available at: http://www.oes.ca.gov/Operational/OESHome.nsf/PDF/Disaster%20Service%20Worker%20Volunteer%20Program%20(DSWVP)%20Guidance/$file/DSWguide.pdf

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many unlicensed or non-medical personnel who respond to emergency with less clearly specified protection.

In a series of statutes and regulations, mostly found in the California Emergency Services Act (“ESA”), a comprehensive statutory scheme has been developed to ensure that the state’s response to emergency will be robust in that those individuals, both volunteer and government employee, will be protected from liability related to their efforts and compensated for injuries incurred in a disaster response.

The basic components of the Disaster Service Worker (“DSW”) Program are found in the California Government Code §§3100-3109. Briefly, all public employees (with the exception of legally employed aliens) and all properly registered volunteers are deemed to be disaster service workers.

The code outlines the requirement that volunteers be properly registered and take a loyalty oath. Furthermore, issues relating to the text of the oath, the duration of the oath, and the manner of administration of the oath are addressed in the codes.

As relates to immunity for liability, the key provision is found in Civil Code § 1714.5 (b) which states:

Notwithstanding any other provision of law, no disaster service worker who is performing disaster services during a state of war emergency, a state of emergency, or a local emergency, as such emergencies are defined in Section 8558 of the Government Code, shall be liable for civil damages on account of personal injury to or death of any person or damage to property resulting from any act or omission while performing disaster services anywhere within any jurisdiction covered by such emergency, except one that is willful.1

This protection from liability is specifically extended to volunteers within the DSW program and to those impressed into service by Gov. Code § 8657 (a). The key part of that provision reads as follows:

Volunteers duly enrolled or registered with the Office of Emergency Services or any disaster council of any political subdivision, or unregistered persons duly impressed into service during a state of war emergency, a state of emergency, or a local emergency, in carrying out, complying with, or attempting to comply with , any order or regulation issued or promulgated pursuant to the provisions of this chapter or any local ordinance, or performing any of their authorized

1 The language of §1714.5 has recently been amended by SB 39 to be more expansive and include “anywhere within any jurisdiction covered by such an emergency.” This change resulted from concerns that the case discussed above, Van Horn v. Watson, may have inadvertently limited the immunity afforded to disaster service workers. The legislature amended the language to ensure a broad understanding of the immunity, it was signed by the governor in August 2009 and took effect immediately.

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functions or duties or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the state and its political subdivisions performing similar work for their respective entities.

In sum, the DSW program, whether addressing a public employee or a duly registered volunteer provides a broad immunity for acts taken within the scope of responsibility of the volunteer. It is important to note that the proper registration of the individual is required for the immunity to attach. Generally, the immunity applies to those acts taken during a declared emergency. However, as can be seen in the section cited above, the immunity also applies to actions taken during the “training for the performance of their authorized functions or duties.” Thus, properly registered DSWs would be covered for those actions taken in trainings and exercises relating to their efforts to respond to emergencies.

The protections afforded DSWs by the program go beyond the question of immunity. Indeed, the DSW Volunteer Program, enacted in 1998, seeks to provide DSW volunteers with protection related to possible financial loss associated with injuries incurred as a result of their duties. In fact, this distinguishes the DSW program from all of the other schemes intending to protect volunteers. Neither the federal VPA nor the state ESA provide any compensation to volunteers injured in the course of their duty.

The specific statutes regulating the compensation portion of the DSW program are found in the Labor Code. Specifically, Labor Code § 4351 states:

Compensation provided by this division is the exclusive remedy of a disaster service worker, or his or her dependents, for injury or death arising out of, and in the course of, his or her activities as a disaster service worker as against the state, the disaster council with which he or she is registered, and the county or city which has empowered the disaster council to register and direct his or her activities. Liability for compensation provided by this division is in lieu of any other liability whatsoever to a disaster service worker or his or her dependents or any other person on his or her behalf against the state, the disaster council with which the disaster service worker is registered, and the county or city which has empowered the disaster council to register and direct his or her activities, for any injury or death arising out of, and in the course of, his or her activities as a disaster service worker.

Other sections of the Labor Code make it clear that these provisions apply to DSW who have been registered by disaster councils, i.e., having properly taken the loyalty oath, as well as “an unregistered person impressed into performing service as a disaster service worker during a state of war emergency, a state of emergency, or a local emergency by

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a person having authority to command the aid of citizens in the execution of his or her duties.”1

It should be noted that this provision clearly limits any remedy the DSW might have against the state, the disaster council, the county, or the city directing her activities. Thus, should a volunteer be registered as a DSW by a county or city, that volunteer would not have any action against the city for injuries incurred other than through the compensation afforded by the DSW volunteer program. However, should the injury be the result of some other actor’s misconduct, these provisions do not limit the volunteer’s ability to bring action against that person or entity.

III. Issues/Concerns for Public Entities

The protections and immunities described above apply, for the most part, to individual volunteers, either as part of a response in a declared emergency or in responding at the scene of an emergency. Issues related to the liability of public entities that manage volunteers and utilize their services are also important and will be discussed here.

Liability of a Public Entity for Actions Taken by Its VolunteersThe question arises as to what liability a public entity may have for the actions taken by an individual who is volunteering under the control of that public entity. In general, there are two theories under which a public entity may be held liable. The first is the legal principle of respondeat superior (“let the superior make answer”). This theory attempts to hold an employer or a principle responsible for the actions of his agent who was working under his control. The second theory involves holding an entity liable for negligence in the way that it hired, retained, or supervised the employee or agent.

Before looking at each of these theories closely, it is important to review the statutory approach to immunity for public entities in California. Historically, public entities (governments) and charities enjoyed broad immunity from liability. Under the concept of sovereign immunity, it was understood that a government was immune from suit without its consent. Both federal and state governments have given up most of that protection and have enacted statutes that govern the liability of the state and its political subdivisions.

California Government Claims Act 2 This act spells out the circumstances under which a public entity may be held liable. For purposes of this act, the term “public entity” includes “the State, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.”3

1 Labor Code § 3600.6

2 The provisions of the California Government Claims Act (or Tort Claims Act) can be found in the California Government Code §§ 810 et seq.

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The code makes clear that all liability or immunity as it relates to public entities is determined by statute—i.e., by the Government Claims Act. This ensured that with the enactment of these laws prior case law or traditions—e.g., sovereign immunity—no longer apply. Rather, the specific liabilities and immunities are to be found in statute. The key framework for liability and immunity described in the statutes is outlined here.

In Government Code §815.2, the act states that: (a) A public entity is liable for injury proximately causedby an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.

(b) Except as otherwise provided by statute, a public entity isnot liable for an injury resulting from an act or omission of anemployee of the public entity where the employee is immune from liability.

Thus, a public entity can be held liable for the actions of an employee within the scope of his employment, but only if that employee is not otherwise immune.

In sections 820 and 820.2, it is made clear that a public employee is, except where covered by another statute, liable for injuries caused by his acts much as he or she would be as a private person. However, section 820.2 makes clear that a public employee is not to be held liable for an act or omission that is the result of discretion with which the person has been vested.

Finally, section 815.6 states that a public entity can be held liable for its failure to discharge a mandatory duty imposed by law that is designed to protect against a particular harm.

Thus, for the purposes of this analysis, the key elements of the Government Claims Act can be summarized as follows:

A public employee can be held liable for acts or omissions A public entity can be held liable for the acts or omissions of its subordinates

unless the subordinate is immune based on another statute A public entity can be held liable for its failure to discharge a mandatory duty

required by law.

Can volunteers be considered employees?As is clear in the sections of the code cited above, the key issue in terms of liability for a public entity is whether or not the person who committed the bad act or omission is considered an employee. In fact, this is an extremely important piece of the analysis of the respond at superior theory—whether or not volunteers are involved.

Briefly, in order for a person to be able to successfully sue an employer for the acts of the employee, she must be able to demonstrate that the employee was actually under the control of the employer, that the act or omission occurred within the scope of the employment and that it was not a purely personal act. Frequently in this type of case, the

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employer will attempt to argue that, while the person was in fact an employee, the acts that happened were not within the scope of employment and, therefore, beyond the control of the employer.

But, what about the case of volunteers? Can they be considered employees in the same sense and, then, allow for the employer to be held liable for their acts? This is not as clear as one might hope that it would be. In fact, the question of who can be considered an employee of a public entity for purposed of liability has resulted in at least two cases which can be instructive here.

In Townsend v. State of California 1 , the court considered whether an athlete for a state university can be considered an employee for purposes of holding the state liable for his tortious action. The student assaulted another ball player on the court and was found liable in a personal injury action. The injured student tried to argue that the other student, in his capacity as a student athlete, fit the description of employee such that the university should be held liable for his actions.

The court analyzed the question of employee status carefully and measured it against the traditional understanding of the “master and servant” relationship in the law. This analysis rests heavily on the level of control that the “master” has over the “servant” and the manner in which the servant carries out the work.

The court also looked at how the legislature had altered the Labor Code to exclude scholarship athletes from those considered employees after a case in which the widow of a scholarship athlete, killed while traveling with the team, sued for worker’s compensation benefits based on his “employment” status.

In this case, the court ruled that the assaultive student was not an employee and cited, among other things, the public policy concern in exposing financially challenged state institutions to a further drain on their resources by opening them up to liability.

In a more recent case, Munoz v. City of Palmdale 2 , the court directly addressed the issue of whether a public entity volunteer can or should be considered an employee for issues of liability. The case involved an injury incurred at a city run senior center due to the alleged negligence of a volunteer at the senior center.

This court closely reviewed the decision in Townsend and emphasized the decision of the legislature to exclude volunteers from the definition of employee as described in the Labor Code. Section 3352(i) of the code expressly excludes the following from the definition of employee:

a) Any person performing voluntary service for a public agency orb) a private, nonprofit organization who receives no remuneration forc) the services other than meals, transportation, lodging, ord) reimbursement for incidental expenses.

1 191 Cal. App. 3d 1530 (1987)

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The court held that the volunteer was not an employee and that the city was immune from vicarious liability. It further emphasized that its reasoning was based in sound public policy by stating that “[f]rom a public policy standpoint, the volunteer exclusion serves the common good by protecting against the serious drain on limited funds that would result if vicarious liability were permitted to be imposed for the alleged torts of unpaid volunteers.”

While it is by no means certain that this issue is completely settled, the case law suggests that the courts are hesitant to impose vicarious liability on public entities for the acts of volunteers. Even if that were not the case, it is important to note that the statutory framework of the Government Claims Act does provide significant protection to a public entity as regards vicarious liability. Government Code §815.2 expressly states that a public entity will not be held liable for the acts of its employees if those employees are, themselves, immune.

So, even if a plaintiff were able to successfully argue that volunteers deployed by a public entity should be considered as employees, if those volunteers enjoy immunity then the public entity would also be immune as regards vicarious liability. As is noted in the prior section of this memo, there are multiple sources of immunity for volunteers. Perhaps the safest and most effective approach for a public entity would be to ensure that all of its volunteers are properly registered as disaster service workers. Then, they would enjoy the immunity provided under Civil Code § 1714.5 (b) described above. With this immunity in place, the public entity would be protected from liability as well. However, it should be noted that the immunity provided by the federal VPA would also preclude a suit against a public entity based on a theory of vicarious liability.

Liability of a Public Entity for Its Own Acts or OmissionsThe prior discussion addressed the extent to which a public entity can be held liable for the actions or omissions of its subordinates—be they employees or volunteers. However, there does exist the possibility that the entity itself will be challenged on its own actions or omissions.

Again, as is noted above, it is important to return to the Government Claims Act to understand the statutory framework involved. Government Code § 815 states that a public entity may be liable for its own acts or omissions but only “as provided by statute.” In fact, the California Supreme Court has rejected the idea that a public entity can be held liable for its acts on “general liability principles.” In Zelig v. County of Los Angeles 1 , the court emphasized that the intent of the legislature in enacting the Tort Claims Act (Government Claims Act) is to limit the liability of public entities and not to expand it. Thus, any liability must be founded on a specific statute which either declares such liability or expressly creates a specific duty of care.

The way in which the court addresses this issue can also be seen in another recent case, Eastburn v. Regional Fire Protection Authority 2. In this case, the plaintiff alleged an inadequate response on the part of the 911 emergency response system. Specifically, the plaintiff alleged that the defendant public entity had a “duty to exercise reasonable care in

1 27th Cal. 4th 1112 (2002)

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staffing and training emergency dispatch personnel, in promulgating reasonable guidelines for handling 911 calls, and in responding to such calls.”

The court in Eastburn held, ultimately, that there was no statutory provision “declaring or defining a public agency’s duty of care with respect to handling 911 emergency calls.”

The court firmly reiterated its limiting view of liability by stating that direct tort liability of public entities must be based on a specific statute declaring them to be liable, or at least creating some specific duty of care, and not on the general tort provisions of Civil Code section 1714. Otherwise, the general rule of immunity for public entities would be largely eroded by the routine application of general tort principles.

The question arises as to whether a public entity can be held liable for the negligent hiring or supervision of its employees, and by extension, volunteers. In both de Villers v. County of San Diego 1 and Munoz v. City of Union City 2the Court of Appeal rejected the claim that there was either relevant case law or any statutory basis for holding the public entity liable for negligent hiring or supervision practices.

The court in de Villers outlined its approach to the legal framework that could make a public entity directly liable. This is instructive for the purpose here in understanding what risk may exist for public entities in this arena. The analysis begins with the language of Government Code § 815.6, which reads:

Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.

The court points out that the first requirement of this statute is that the duty in question must be obligatory, i.e., it cannot simply be discretionary or permissive. Thus, it is not sufficient to hold a public entity liable if there is any discretion involved in the exercise of the duty in question.

Secondly, the court points out that the obligation must be designed to protect against the particular harm or injury that the plaintiff suffered. It is not sufficient to impose liability on the public entity if the benefit that may be incurred by the plaintiff is incidental to the legislative purpose. Rather, there must be a direct connection between the design and the benefit.

One area in which this analysis may come into play is with regard to the performance of criminal background checks on individuals. Arguably, should the public entity send a volunteer to perform a function for which a particular background check is mandated by law without conducting such a check, liability may attach for a harm that results. Following the

1 156 Cal. App. 4th (2007)

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analysis outlined above, however, the background check or other qualifying action must be mandatory and must be so in order to protect against a particular foreseeable harm.

An example of this may be found in the Health & Safety Code sections dealing with the licensing of residential care facilities for the elderly (RCFE) 1and childcare centers.2 While the largest portion of this section of the code deals with the licensing of these facilities, some of the requirements and mandated background checks also apply to “any staff person, volunteer, or employee who has contact with the clients.”3

It is not clear that a court would recognize the criminal background check articulated here in the Health & Safety Code as a mandated duty as understood in Government Code §815.6. However, following the analysis of the court outlined above, this is an area in which a prudent public entity may require background checks of its volunteers prior to placing them in a position involving direct clients of a RCFE or a childcare center. 4

Given the fact that there are not any universal, clear mandated requirements for all volunteer services, it would be wise for public entities to spend some time and energy investigating the areas in which it would most likely deploy volunteers. Then, following the analysis of the de Villers court, it could better understand whether there exist any particular mandated duties in place to prevent a particular harm. To the extent that there are such mandates, policies could be adopted to address them prior to the deployment of volunteers into any situation covered by the mandated duty.5

In sum, public entities may be held liable for the acts of their subordinates but only if the subordinate is not already immune. Immunity provided by both federal law and state law, especially the DSW program, suggest that most public entities utilizing volunteers would not be subject to a claim based on vicarious liability. Furthermore, case law suggests that California courts are clearly reluctant to consider volunteers as “employees” for purposes of liability.

As regards direct liability of public entities, they can certainly be held liable for their own acts or omissions but only if there is a mandated duty articulated somewhere in statute.

1 Health & Safety Code §§ 1569.10 et seq.

2 Health & Safety Code §§ 1596.80 et seq.

3 Health & Safety Code § 1569.17(b)(1)(E)

4 It is possible that one could argue against there being a mandatory duty here relating to all volunteers as there are multiple exceptions built into the law. However, it would be wise to develop a policy relating to the deployment of volunteers into these settings in which it could be argued that there are mandatory duties described.

5 Ironically, some of the areas in which there may be a common belief about the need for or advisability of a particular mandate may prove not to have them. For example, the California Education Code § 35021.1 addresses the issue of criminal record checks for nonteaching volunteers. That section states that a “school district or county office of education may request that a local law enforcement agency conducte an automated records check of a prospective nonteaching volunteer.” (emphasis added). Clearly, the use of this language is not consistent with this being a mandatory duty.

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Furthermore, this duty must be designed to protect against a particular harm. Again, case law suggests that the courts are not inclined to interpret this liberally. To the contrary, the trend seems to be in interpreting the law in a way that limits the liability of public entities rather than expanding it.

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Attachment ILegal FAQ

Prepared by Brian Budds, RN, MS, JDThe Queenstone Group

Are there federal laws that protect volunteers in California? Yes, the federal Volunteer Protection Act applies in California. It provides all volunteers

of public entities and nonprofits protection against liability so long as they are not compensated, act in good faith, and are acting in the course and scope of their responsibilities. The federal law, however, does not protect the nonprofit or the public entity from liability nor does it provide for worker’s compensation.

What state laws protect volunteers from liability? There are a broad range of laws that apply to volunteers in California. The California

Emergency Services Act, in Government Code § 8657, extends immunity from liability to properly registered volunteers and those impressed into service. Other laws specific to a particular profession and serve to protect healthcare professionals who respond to emergency situations. Others, like Health & Safety Code §1799.102 are much broader and apply to any person who responds to an emergency. This is the state’s “Good Samaritan Law” and gives immunity to any person who responds and renders emergency care at the scene of an emergency.

Didn’t the Supreme Court limit the effect of the Good Samaritan Law? In a 2008 decision, Van Horn v. Watson, the California Supreme Court ruled that the

Good Samaritan Law only applied to “medical care” rendered at the scene of an emergency. But, the legislature felt this limited the protection too much. Thus, legislation was adopted and signed into law by Governor Schwarzenegger to clarify the law. Now, Health & Safety Code §1799.102 applies to both medical and nonmedical care that might be rendered at the scene of an accident.

Are there other state laws that provide protection to volunteers—not necessarily at an accident scene?

Yes. An important part of the state’s system for emergency and disaster response is the Disaster Service Worker Program (DSW). This program provides immunity from liability for properly registered volunteers as well as public employees. The program provides this protection in times of declared emergency (federal, State, and local) and when volunteers are training for or exercising for their response to emergency. The protection is broad and, like other statutes, excludes willful or criminal acts.

Does the DSW program provide any other benefits? Yes. Unlike other statutes that only provide immunity, the DSW program also provides

compensation for volunteers who are injured or killed while serving as a volunteer during a declared emergency. In fact, this program provides the only route to compensation against the public entities who utilize DSW volunteers.

Are there any statutes that apply to individuals who are impressed into service?

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Yes. Both the immunity provisions and the compensation provisions of the DSW program are available to persons who are impressed into service by authorities as part of the response to a declared emergency.

Can a government or other public entity be sued for the actions of its volunteers? A public entity can be sued for the actions of its employees under a theory known as

respondeat superior. This approach presumes that the “master” is responsible for what the “servant” does in the course and scope of the “servant’s” work. In California, this liability is limited and the public entity cannot be sued if the employee is immune from suit—e.g., under the VPA or as a DSW.

But, is a volunteer an “employee” for purposes of understanding the liability? This may not yet be fully and completely decided. The statute suggests that an individual

can be considered an employee whether compensated or not. However, several cases have made their way through the courts trying to clarify who is an “employee” for purposes of understanding liability. The most recent case in this area, Munoz v. City of Palmdale, found that a volunteer of a public senior center was not an employee and the city was, thus, immune from liability under the respondeat superior theory. The court emphasized that to find otherwise could have a devastating effect on volunteerism in the state. The trend seems to be against considering volunteers as employees of public entities.

What constitutes a “public entity” in California law? In discussing liability, California law has a pretty broad definition of what constitutes a

public entity. Basically, it is any political subdivision of the state. So, laws addressing public entities and their rights and responsibilities apply to: the State, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.

Can public entities be held liable for their own actions, e.g., failure to supervise? California law allow for public entities to be sued but only “as provided by statute.” This

means that it’s not sufficient to argue that a public entity owed a general duty of care and was, perhaps, negligent. Rather, in order to be able to sue a public entity, there has to be a statute that creates a duty or specifically holds the entity liable for a particular act or omission.

What does that mean for suits against a public entity relating to its use of volunteers? This may not yet be fully clear. Basically, a public entity can be sued for failure to meet a

mandatory duty that is clearly articulated in statute. But, a number of cases suggest that the courts are unwilling to take a liberal understanding of what constitutes a mandatory duty. Instead, courts have found that there is no clear duty related to hiring and supervision of employees that is mandated by statute. One area that public entities might take care with relates to sending volunteers to do jobs that require particular background checks. If those checks are mandated by law, it could give rise to actions against the public entity if they are not properly applied to volunteers.

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Attachment JCatastrophic Earthquake Situation and AssumptionsThis plan identifies impacts and activities for both catastrophic and other local events. The following 7.9 magnitude earthquake scenario on the San Andreas Fault is an example of a catastrophic event and its implications for response and recovery.

1.1. Scenario The scenario event is a Moment Magnitude (M) 7.9 earthquake on the northern California segment of the San Andreas Fault, occurring mid-afternoon on a January day. The scenario event is explored in detail in Section 6.1 of the Regional Volunteer Management Plan. To convey a sense of the magnitude of this catastrophic event, the scenario analysis for the region projects 6,645 immediate fatalities, more than 1.8 million households without potable water, 492,000 households without electricity, and failure of most major transportation routes immediately following the earthquake.

In Santa Clara County, the impact as it related to volunteers is expected to include:Total Number of Households Without Potable Water and Electricity After the Scenario Event

County Total Number of Households

Households Without Potable Water Households Without Electricity

E + 1 E + 3 E + 7 E + 30 E + 1 E + 3 E + 7 E + 30

Santa Clara

624,700 516,800 512,300 502,700 423,100 57,100 34,300 14,400 3,400

Injury and Fatality Estimates

CountyTotal Number of Households

Total Population

Treat and Release Injuries

Serious (Hospital Injuries)

Trapped, Need Rescue

Immediate Deaths

Santa Clara

624,700 1,682,658 10,200 2,700 400 800

Total Number of Displaced Households

County Total Number of Households

Total Population Total Number of Displaced

Households

Total Number of People Needing Temporary Shelter

Santa Clara 624,700 1,682,658 53,000 61,000

‘E’ =s Event, ‘+’ time noted in daysSources:

San Francisco Bay Area Earthquake Readiness Response: Concept of Operations Plan, Interim

September 23, 2008, U.S. Department of Homeland Security, Federal Emergency Management Agency Region IX, and California Governor’s Office of Emergency Services.

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Regional Catastrophic Planning Grant Program Scenario Data and Assumptions Report, URS Corporation, October 28, 2009.

1.2. General Planning Assumptions1. Within 24 hours:

Counties declare local emergencies. The Governor proclaims a State of Emergency and requests that the

President declare a disaster. The President declares a Major Disaster, making Federal assistance available

under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (42 U.S.C. §§ 5121–5206 [2008]) (the Stafford Act).

The Department of Homeland Security (DHS) and FEMA implement the Catastrophic Incident Supplement to the National Response Framework and begin mobilizing Federal resources.

DHS activates or elevates the level of activation of all DHS command and coordinating facilities.

2. Because of extensive damage to building and transportation infrastructure in Oakland, Cal EMA’s Regional Emergency Operations Center (REOC) in Oakland is not functional; its functions are immediately assumed by the Regional Duty Officer until activation of the alternate REOC. In the event that an alternate REOC cannot be established in the Coastal Region, the Duty Officer will work with the Cal EMA Executive Duty Officer to identify an alternate REOC outside the region. The Regional Duty Officer will provide the Operational Areas with contact information for the alternate REOC as soon as possible.

3. Similarly, FEMA Region IX’s Regional Response Coordination Center in Oakland is not functional. FEMA will co-locate with Cal EMA at the State Operations Center (SOC).

4. Outside the affected region, all elements of the Standardized Emergency Management System, including communications and mutual aid systems, are functional.

5. Operational Area Emergency Operations Centers (EOCs) experience some damage but are at least partly operational. All other local government functions in the Operational Areas are severely compromised or focused entirely on response to the earthquake.

6. Response capabilities and resources of the cities, Operational Areas, and the State in the region are quickly overwhelmed or exhausted.

7. Operational Area EOCs are overwhelmed and challenged to effectively manage the Operational Area response.

8. A detailed and credible common operating picture cannot be achieved for 24 to 48 hours (or longer) after the disaster. As a result, response activities begin without the benefit of a detailed and complete situation or critical needs assessment.

9. First responders, providers of recovery services, and other critical response personnel are personally affected by the disaster and may be unable to report to their posts for days because of damaged transportation infrastructure.

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10. Once the President declares a disaster and commits Federal resources, the State and Federal governments establish joint operations to provide assistance to local jurisdictions.

11. Massive assistance in the form of response teams, equipment, materials, and volunteers begin to flow towards the region, providing urgently needed resources but creating coordination and logistical support challenges.

12. Because of damage to transportation infrastructure, out-of-region mutual aid, State, and Federal resources, as well as resources from other states cannot begin to arrive for up to 72 hours.

1.3. Volunteer Management Assumptions Spontaneous unaffiliated volunteers (SUVs) step forward to assist at the time of an

emergency. While not pre-trained, they have talents and time to share. The Emergency Volunteer Center (EVC) concept was developed to channel these spontaneous volunteers and help them connect with a nonprofit or government agency that provides disaster services.

Affiliated volunteers are pre-trained and generally ready to respond when a disaster strikes. They know what their role is, and how they will be notified about where and when they should report. Even in a catastrophic event, many affiliated volunteers should be able to respond.

The Plan applies both to spontaneous volunteers and volunteers affiliated with an existing organization or program.

Preparedness activities including planning, training, and exercising are critical to the successful implementation of this Plan.

The restoration of basic infrastructure, such as communications, roads, transportation services, and utilities, must be taken into account when mobilizing and assigning volunteers.

Volunteer coordination operations follow the principles of California’s Standardized Emergency Management System and the National Incident Management System.

Volunteer coordination will require jurisdiction-wide coordination among multiple government and non-governmental organizations. State or federal resources will be integrated into the response process following SEMS.

This plan is focused upon catastrophic events. However, efforts undertaken here may be applicable and scalable to non-catastrophic coordination of volunteers and more routine incidents.

1.4. Assumptions about Spontaneous Volunteers Tens of thousands of volunteers will come forward and want to help following a

catastrophic event in the region. Most people who spontaneously decide to volunteer in response to a disaster will not

know where to go or how to become engaged. Following a disaster, spontaneous volunteers are likely to overwhelm American Red

Cross offices and government sites, such as city halls and fire departments.

1.5. Assumptions about Affiliated Volunteers

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Volunteers affiliated with and deployed by the County of Santa Clara will be registered as Disaster Service Workers before or at the time of the event.

Support of affiliated volunteers will be accomplished using standard emergency coordination resource request protocols. Prior to emergency personnel being deployed to an incident, the requestor and provider must agree upon who will provide logistical support, including transportation, lodging, feeding, and specialized equipment and materials.

Consistent with the principles of SEMS/NIMS and the Incident Command System (ICS), once a volunteer has been identified and deployed into a response incident, that volunteer comes under the operational command of the managing agency until such time as the resource is released from the incident response.

State, tribal and local government agencies, the American Red Cross and other response agencies and external programs actively recruit and train volunteers pre-disaster to carry out a disaster role or function. These affiliated volunteers will be integrated into the response structure consistent with SEMS/NIMS and traditional response protocols.

1.6. Assumptions about Emergency Volunteer Centers Emergency Volunteer Centers provide a means of connecting spontaneous volunteers

with disaster service opportunities in government agencies and NGOs. Emergency Volunteer Centers may be established by a local Volunteer Center or by a local government agency or other NGO.

Logistics and staffing for establishing fully operational Emergency Volunteer Centers for spontaneous volunteers can take anywhere from a few hours to 48 hours or more, depending on the situation and the extent of infrastructure collapse, and will vary from jurisdiction to jurisdiction.

There will be delays in the identification of volunteer opportunities appropriate for spontaneous volunteers.

Assistance provided by government agencies and NGOs to Emergency Volunteer Centers may include:

Provision of translation services, Provision of alternate facilities,

Support to secure telephone and Internet equipment and installation services, Co-location of liaisons from agencies requesting volunteers,

Mental health services for both staff and clients of the Emergency Volunteer Center,

First Aid for EVC staff and clients Provision of food and supplies for EVC staff,

Transportation for volunteers, and Training of volunteers.

The Operational Area/City EOC will provide support to local Emergency Volunteer Centers through resource requests. Resource requests will be filled by the EOC based on its operational priorities for a specific incident. Resources not available at the Operational Area level will be requested through the Regional Emergency Operations Center.

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Attachment KGlossary/Acronyms ACS - Auxiliary Communications Services: program identifier for ARES, RACES and all other telecommunications-related volunteer organizations. Each group is affiliated with a government agency and serves its sponsoring jurisdiction in emergencies but is active in all phases of disaster

ARC - American Red Cross: provides relief to those affected by disasters. Relies heavily on pre-trained volunteers but also incorporates many spontaneous volunteers in its operations, particularly for larger disasters

ARES – Amateur Radio Emergency Service: a corps of trained volunteers organized to assist public safety and public service agencies with emergency communications

Cal EMA - California Emergency Management Agency: shall be responsible for the state’s emergency and natural disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property1

CERT - Community Emergency Response Teams: local groups of volunteers trained for a specific role or function in disaster relief, response or recovery

DAT - Disaster Action Team: group of volunteers affiliated with the American Red Cross that trains and meets frequently and responds within their community, providing support to those affected by disaster

DHS - Department of Homeland Security: Cabinet-level department responsible for ensuring the safety of the nation, safeguarding it from terrorist attacks and natural disasters2

DSW Volunteer - Disaster Service Worker Volunteer: affiliated with and managed by the county or city government agency registering the volunteer

DSWVP - Disaster Service Worker Volunteer Program: state-funded program that provides workers’ compensation benefits and medical compensation and limited liability protection to registered Disaster Service Worker volunteers who are injured while performing disaster-related activities or participating in pre-approved training/exercises

EF - Emergency Function: The California Emergency Functions are a grouping of state agencies, departments and other stakeholders with similar functional activities/responsibilities whose responsibilities lend themselves to improving the state’s ability to collaboratively prepare for, effectively mitigate, cohesively respond to, and rapidly recover from any emergency. The State Emergency Plan provides for 17 Emergency Functions3

1 § 8585(e) of the California Emergency Services Act

2 DHS Strategic Plan 2008

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EOC - Emergency Operations Center: activates the Volunteer Management Plan for spontaneous volunteer coordination; provides support to local Emergency Volunteer Centers, and affiliated volunteer programs if requested, by coordinating and filling resource requests

EOP - Emergency Operations Plan: a plan created and maintained by a locality which details how it should respond in the event of a disaster1

EVC - Emergency Volunteer Centers: helps spontaneous volunteers affiliate with an agency or organization providing disaster services; connects volunteers with volunteer opportunities

FEMA - Federal Emergency Management Agency: supports overall activities of the Federal Government for domestic incident management

FIPS 201 - Federal Information Processing Standard 201: represents an emerging approach for consistency of badges

GIS - Geographic information system: technology system used for mapping of volunteers, missions, and opportunities

HSPD 12 – Homeland Security Presidential Directive 12: federal policy aimed toward standardizing secure identification for federal employees and contractors

ICS - Incident Command System: combination of facilities, equipment, personnel, procedures and communications operating within a common organizational structure, designed to aid in the management of resources during incidents2

JIC - Joint Information Center: Under the ICS, a JIC provides a structure to carry out the Information Officer’s (IO) responsibilities on all public information matters relating to the incident response

MRC - Medical Reserve Corps: volunteer group comprised of healthcare professionals who provide assistance to the local community in matters of public health and also during emergencies3

NCCC - National Civilian Community Corps: national service program that provides opportunities for full and part time service in various issue areas, including disaster preparedness and response

NGO - Nongovernmental Organizations: any voluntary organization or group not sponsored by a government agency. For example, American Red Cross, faith-based organizations, other non-profits, professional groups, businesses and corporations

3 State Emergency Plan, pg 83

1 http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?navid=HOMELANDICSGL&parentnav=HOMELANDICSC&navtype=RT#glossary_E

2 State Emergency Plan, pg 150

3 http://www.citizencorps.gov/programs/medical.shtm

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NIMS - National Incident Management System: provides a comprehensive and consistent national approach to all-hazard incident management at all jurisdictional levels and across all functional disciplines1

NRF - National Response Framework: a guide that identifies key roles and responsibilities and describes specific authorities and best practices for managing incidents for all hazards2

OA - Operational Area: coordinates emergency information and resource requests of its political subdivisions, including activation of emergency operation centers, and serves as an information link between the local government level and the Regional Emergency Operations Center

PIO - Public Information Officer: acts as a communications liaison on behalf of a public agency; conveys information from the department to the press and public

RACES - Radio Amateur Civil Emergency Service: volunteer communications program affiliated with a local, city, or state agency responsible for disaster services 3

RCPGP - Regional Catastrophic Planning Grant Program: sponsored by the Federal Emergency Management Agency, supports projects seeking to improve regional emergency preparedness and coordination, specifically in high risk, urban areas

RECP - Regional Emergency Coordination Plan: provides an all hazards framework for collaboration among responsible entities and coordination during emergencies. Defines procedures for regional coordination, collaboration, decision-making, and resource sharing among emergency response agencies4

REOC - Regional Emergency Operations Center: Facilities found at Cal EMA Administrative Regions for the purpose of providing centralized coordination of resources among Operational Areas within their respective regions and between the Operational Area, Region and State5

SAR - Search and Rescue: local teams provide assistance in their local jurisdictions and can be deployed to other parts of the state or nation. Members often have expertise in varied disciplines such as ground search, dogs, air, dive and more

SEMS - Standardized Emergency Management System: A system required by California Government Code and established by regulation for managing response to multiagency and multijurisdictional emergencies in California. SEMS consists of five organizational levels, which are activated as necessary: Field response, Local Government, Operational Area, Region and State6

1 http://www.fema.gov/emergency/nims/AboutNIMS.shtm

2 http://www.fema.gov/emergency/nims/AboutNIMS.shtm

3 http://www.qsl.net/races/what.html

4 San Francisco UASI RECP Base Plan, pg 1-1

5 State Emergency Plan, pg 155

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SEP - State Emergency Plan: Addresses the state’s response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. In accordance with the California Emergency Services Act, this plan describes the methods for carrying out emergency operations, the process for rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed and the process to ensure continuity of government during an emergency or disaster1

SOC - State Operations Center: The SOC is operated by Cal EMA at the State Level in SEMS. It is responsible for centralized coordination of state resources in support of the three Cal EMA Administrative Regional Emergency Operations Centers (REOCs). It is also responsible for providing updated situation reports to the Governor and legislature2

SUV - spontaneous unaffiliated volunteers: not initially affiliated with a response or relief agency or pre-registered with an accredited disaster council; may also be referred to as unaffiliated or convergent volunteer

TSA - The Salvation Army: a nonprofit organization that works with federal, state and local governments across the country to provide disaster relief and assistance

UASI - Urban Area Security Initiative: the UASI program focuses on enhancing regional preparedness in major metropolitan areas and assists participating jurisdictions in developing integrated regional systems for prevention, protection, response and recovery

VIPs - Volunteers in Police Service: one of five (national) Citizen Corp program, the program seeks to enhance the capacity of state and local law enforcement to utilize volunteers

VOAD - Voluntary Organizations Active in Disasters: venue for pre-disaster and post-disaster communication and coordination among nonprofit and faith-based organizations and their government partners

Volunteer - someone who willingly provides his/her services without receiving financial compensation

Volunteer and Donations Management Emergency Function: supports responsible jurisdictions in ensuring the most efficient and effective use of affiliated and unaffiliated volunteers and organizations and monetary and in-kind donated resources to support incidents requiring a state response3

6 State Emergency Plan, pg 157

1 State Emergency Plan, pg 1

2 State Emergency Plan, pg 157

3 State Emergency Plan, pg 86

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