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. |
