Reso 2017-905 Governing Body MemberSDRMA
SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY
November 30, 2017
11121 Street, Suite 300
Sacramento, California 95814-2865
T 916.231.4141 or 800.537.7790 * F 916.231.4111
Maximizing Protection. Minimizing Risk. -www.sdrma.org
RECEIVED
Mr. Scott Carroll DEC 0 4 2011
General Manager
Costa Mesa Sanitary District COM Mesa Sarritaev ofstrict
290 Paularino Avenue
Costa Mesa, California 92626
Re: Workers' Compensation Resolution for Governing Body Member and/or Volunteer Coverage
Dear Mr. Carroll,
Recently our excess carrier has made us aware that SDRMA Workers' Compensation (WC) members need to
pass a new Resolution if they would like to continue (or start) covering their Governing Body members and/or
volunteers.
Section 3363.5 of the California Labor Code provides that a person who performs voluntary service for a public
agency as designated and authorized by the Governing Body of the agency or its designee, shall, upon
adoption of a Resolution by the Governing Body of the agency so declaring, be deemed to be an employee for
workers' compensation purposes. Thus, if such a resolution is adopted, and the volunteer is injured while
performing duties for the agency, the volunteer is entitled to receive workers' compensation benefits and their
exclusive remedy for recovery against the agency is through the Workers' Compensation system.
Such Governing Body members and/or volunteers may be covered for workers' compensation benefits only if a
Resolution to that effect is adopted by the Governing Body pursuant to Labor Code § 3363.5 and a copy of the
Resolution is filed with SDRMA.
A new Resolution (see attached) has been created by our coverage counsel. The Resolution permits your
Governing Body to designate the various categories of persons who the agency desires to "deem" to be
employees for purposes of workers' compensation. It declares, on a blanket basis, that the designated
categories of volunteers are deemed employees and those categories consist of Governing Body Members,
persons performing voluntary service, persons on work study, interns, and other volunteers. In addition, those
so designated persons also need to be listed under our Workers' Compensation Program (which includes
paying an annual contribution amount) to enable coverage.
When using the sample Resolution provided, please do not make any changes other than the areas highlighted
in yellow. To ensure accurate and timely implementation of your Resolution, please return your Governing
Body approved Workers' Compensation Resolution as soon as possible by fax or email. A Microsoft Word
version of the sample Resolution can be downloaded at htt�://www.sdrma.org/program-coverages/workers-
compensation-program. If your agency has any questions please contact Ellen Doughty, Chief Member
Services Officer, at 800.537.7790 or edoughty@sdrma.org.
Sincerely,
Special District Risk Management Authority
Gregor . Hag, ARM
7�'�
Chief Executive Officer
Enclosures: Sample Resolution for Covering Governing Body and/or Volunteers
SDRMA 2016
A proud California Special Districts California Special Districts Association CSDA Finance Corporation
0
Alliance partner. 11121 Street, Suite 200 11121 Street, Suite 200 .�
Sacramento, California 95814-2865 Sacramento, California 95814-2865 j
T 877.924.CSDA (2732)» F 916.442.7889 T 877.924.CSDA (2732)+F 916.442.7889 P
RESOLUTION No. 2017-905
RESOLUTION OF THE GOVERNING BODY OF
THE COSTA MESA SANITARY DISTRICT,
DECLARING THAT GOVERNING BODY MEMBERS AND VOLUNTEERS SHALL
BE DEEMED TO BE EMPLOYEES OF THE DISTRICT FOR THE PURPOSE OF
PROVIDING WORKERS' COMPENSATION COVERAGE FOR SAID CERTAIN
INDIVIDUALS WHILE PROVIDING THEIR SERVICES
WHEREAS, the Costa Mesa Sanitary District utilizes the services of Governing Body Members and
Volunteers; and
WHEREAS, Section 3363.5 of the California Labor Code provides that a person who performs voluntary
service for a public agency as designated and authorized by the Governing Body of the agency or its designee, shall,
upon adoption of a resolution by the Governing Body of the agency so declaring, be deemed to be an employee of
the agency for the purpose of Division 4 of said Labor Code while performing such services; and
WHEREAS, the Governing Body wishes to extend Workers' Compensation coverage as provided by State
law to the following designated categories of persons as indicated by a checkmark in the box to the left of the
descriptions:
✓ All Members of the Governing Body of the [Costa Mesa Sanitary District] as presently or hereafter
constituted
and/or
❑ All persons performing voluntary services without pay other than meals, transportation, lodging or
reimbursement for incidental expenses -
❑ Individuals on Work-study programs
❑ Interns
❑ Other Volunteers
[designate]
NOW, THEREFORE, BE IT RESOLVED, that such persons coming within the categories specified above,
including the duly elected or appointed replacements of any Governing Body Member and other designated
individuals be deemed to be employees of the Costa Mesa Sanitary District for the purpose of Workers'
Compensation coverage as provided in Division 4 of the Labor Code while performing such service. However, said
Governing Body Members and other designated individuals will not be considered an employee of the Costa Mesa
Sanitary District for any purpose other than for such Workers' Compensation coverage, nor grant nor enlarge upon
any other right, duty, or responsibility of such Governing Body Members or other designated individuals, nor allow
such persons to claim any other benefits or rights given to paid employees of the Costa Mesa Sanitary District.
PASSED, APPROVED AND ADOPTED this December 21, 2017 by the following vote:
AYES: Schafer, Ferrymm, Schafer, Ooten, Perry
NOES: None
ABSENT: NOae
Michael Schdaffir, President
CostpVe Sanitary Distf{ct