HomeMy WebLinkAbout1991-130
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RESOLUTION
NO. 91-130
2 RESOLUTION OF THE CITY OF SAN BERNARDINO, DECLARING THAT
VOLUNTEERS, WORK-STUDY AND INTERNS SHALL BE DEEMED TO BE
3 EMPLOYEES OF THE CITY FOR THE PURPOSE OF PROVIDING WORKERS'
COMPENSATION COVERAGE FOR SAID VOLUNTEERS, WORK-STUDY AND
4 INTERNS WHILE PROVIDING THEIR SERVICES.
5 WHEREAS the city of San Bernardino utilizes the services
6 of unpaid volunteers, work-study and intern in positions
7 within a number of its departments; and
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WHEREAS Section 3363.5 of the California Labor Code
9 provides that a person who performs voluntary service without
10 pay for a public agency as designated and authorized by the
11 governing body of the agency or its designee, shall, upon
12 adoption of a resolution by the governing body of the agency
13 so declaring, be deemed to be an employee of the agency for
14 the purpose of Division 4 of said Labor Code while performing
15 such services; and
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WHEREAS Section 3363.5
of the Labor Code defines
17 "voluntary service without pay" to include those services
18 performed by any person who receives no remuneration other
19 than meals, transportation, lodging or reimbursement for
20 incidental expenses; and
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WHEREAS the Mayor and Common Council wish to extend
22 Workers' Compensation coverage as provided by State law to
23 those persons providing voluntary services without pay work-
24 study and intern services to the City;
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NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
26 Council of the City of San Bernardino, as follows:
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That persons who perform voluntary service without pay,
28 work-study and interns be deemed to be employees of the City
of San Bernardino for the purpose of Workers' Compensation
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coverage as provided in Division 4 of the Labor Code while
performing such service. This does not make a volunteer, a
work-study and intern an employee of the city for any purpose
other than such coverage, nor grant nor enlarge upon any other
right, duty or responsibility of a volunteer, work-study and
intern.
The Workers' Compensation benefits to
volunteers, work-study and interns shall be
be provided to
limited to the
benefits provided by state law and shall not include any
additional benefits as may be provided by City to its
employees.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
15th day of
to with:
regular
Apr il
meeting thereof, held on the
, 1991, by the following vote
Council Members:
AYES
NAYS
ABSENT
ESTRADA
RILEY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
x
x
x
C(~ Ci~
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RESOLUTION DECLARING THAT VOLUNTEERS, WORK-STUDY AND'INTERNS
SHALL BE ~EEMED TO BE EMPLOYEES OF THE CITY FOR THE,PURPPSE OF
PROVIDING WORKERS' COMPENSATION COVERAGE FOR SAID VOLUNTEERS,
WORK-STUDY AND INTERNS WHILE PROVIDING THEIR SERVICES.
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resolution is hereby approv~, ,,/this 17th
, 1991.--.7 ., /' // / /
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/-;/"',/ /" / '.:;..,-"&.<---"---- - /-
/ W. &:.' HO CO , MAYOR
city of 'San Bernardino
The foregoing
day of April
Approved as to form and
6 legal content:
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JAMES F. PENMAN
City ttorney
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By
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