A Toolkit for Volunteer Leaders
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Legal Considerations V-9

Rights come from responsibilities.

Increasingly volunteer organizations are facing legal challenges and the need to anticipate legal issues before situations occur.

LEARNING OBJECTIVE

After finishing this module you should have identified important legal issues for volunteer organizations. By identifying the issues you can consider which ones affect your program and if you should consult legal counsel to prepare for the issues.

INSURANCE

1. What kind of liability insurance does your organization carry? Under what conditions is it valid? What situations does it cover?

2. What health and accident insurance does the organization carry? Is it primary or supplementary insurance?

3. What insurance are volunteers expected to have?

4. What insurance is in effect for rental vehicles if rented by professionals or volunteers?

5. Do certain activities (food sales, animal events) require notification or special event insurance?

PARENTAL PERMISSION

1. What forms does your organization use for emergency medical treatment (most hospitals require a release form signed by parents)?

2. Is parental permission required for field trips or other activities?

VOLUNTEER SCREENING

Some organizations, especially those involved in youth development, now require all volunteers be screened at the local level for previous record of criminal activity.

Does your organization require volunteer screening? Who is responsible? What is the process? Who must be screened? Are clearances from other organizations valid for yours?

LICENSES & CERTIFICATIONS

1. Do you need a special license for any of your activities?

2. Are food handlers permits required?

3. Are raffles or games-of-chance controlled in your area?

CODES OF CONDUCT

1. Does your organization have a "code of conduct" for volunteers? For youth? For other categories of people?

2. Are participants aware of these codes and the consequences for violating a code of conduct?

3. Has the code of conduct been checked lately and brought up to date?

FUND-RAISING

1. What policies govern fund-raising activities in your organization? Can anyone carry out any fund-raising event as long as it is legal?

2. Is any clearance, permission, or notification required for fund-raising?

HANDLING MONEY

1. Does your organization have any guidelines for club treasurers?

2. Who may open bank accounts? Under what conditions? Is a tax exempt status desired?

3. Are audits or reports required?

CIVIL RIGHTS

1. Does your group or organization exclude certain groups or individuals from membership or participation in any way?

2. Is an affirmative action statement required for any announcements or publications of your group?

3. Is an equal employment opportunity statement required?

4. How and where do you recruit volunteers, employees, or participants? Do your methods discriminate against any group or individual?

5. Is your group required to consider the needs of handicapped individuals in scheduling facilities or equipment for public meetings?

USE OF PROTECTED MATERIALS

1. Does your organization have a logo that is protected by law? Who may use it and under what conditions?

2. Does your work involve use or endorsement of other trademarks or logos? What precautions are required? Recommended?

3. Is permission required for copies of handouts or audio-visual software?

Can you think of any other legal considerations that are relevant to your organization or any of its programs or activities?

EXERCISE:

Check with your superiors if you have any doubt about any of the items on the list above. If they aren't certain of the answer, suggest that they check with legal counsel to clarify the question or issue. You may also want to go over this list of issues with someone from another organization which is similar to yours to see how they deal with legal issues.