HomeMy WebLinkAboutResolution 16-025 Resolution 16-025
Resolution authorizing the City Manager
to approve Volunteers for Work Comp Coverage
Whereas, the citizens of the City of Brookings voted on June 1, 1999 to amend the
Brookings City Charter as adopted March 18, 1997, and
Whereas, the amendment included eliminating the commissioner form of government
and provided for the creation of a City Council-City Manager form of government, and
Whereas, South Dakota Codified Law 62-1-5.1 states that
"Volunteers serving state or political subdivision without pay--Computing or
imputing wage--Certain persons not deemed volunteers. Any volunteer worker
rendering services in or for any agency, department, institution, or instrumentality
of the state or of any of its political subdivisions, including counties, townships,
school districts, or municipalities, whose services have been duly recommended
to the officer or governing body responsible for employment of personne!for the
respective entity and duly appointed thereto by such officers or governing body,
shall for purposes of this title be deemed an employee of the state or the political
subdivision, as the case may be. The appointment shall be entered into the
official records or minutes of the entity.
In the event of injury or death, for the purposes of computing compensation for
volunteer workers other than volunteer firefighters, a volunteer uncompensated
worker's employment earnings from all sources during the last six months of
employment shall be used. In the event the volunteer uncompensated worker
has never been employed, the worker shall be considered to be eaming the state
minimum wage over a forty-hour week. The worker's average weekly wage shall
be calculated by one of the methods in §§ 62-4-25 to 62-4-27, inclusive. In no
event may payments to volunteer uncompensated workers exceed the maximum
limitations for benefits as set out in this title. No local prisoner, state inmate, or
federal inmate providing services to the state or any of its political subdivisions
may be considered a volunteer worker under this section.
Source: SL 1971, ch 278, § 1; SL 2001, ch 292, § 1.
Whereas, the City Council desires to formally approve the official volunteer list annually
and cover these volunteers for work comp purposes pursuant to SDCL 62-1-5.1;
delegate their responsibility for approving new volunteer appointments on a monthly
basis throughout the year to the City Manager.
Now, Therefore, Be It Resolved, that effective immediately the Brookings City Council
does hereby delegate its responsibility to the City Manager or his/her designee, to
approve all new volunteer appointments throughout the year on a monthly basis, subject
to countersignature by the Clerk.
Passed and approved this 23�d day of February, 2016
CITY OF BROOKINGS
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>> Tim Reed, Mayor
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Shari Thornes, City Clerk