ORDINANCE NO. # 2012-5
A. Designation and Approval of Volunteers
All individuals who donate their services to the Town, usually on a part-time basis, for public service, religious or humanitarian objectives, and without expectation of pay beyond the nominal stipend or reimbursement of expenses set forth herein are to be considered volunteers of the Town rather than employees or independent contractors for taxation and other legal purposes.
The Leo-Cedarville Town Council hereby designates all members of any boards, commissions or committees of the Town, including, but not limited to the following positions as “volunteer positions” for the Town of Leo-Cedarville:
Stormwater Board Members
Plan Commission Members
Board of Zoning Appeals Members
All persons holding such positions shall be considered “rostered volunteers” approved by the Town Council pursuant to I.C. 22-3-2-2.1 or any other applicable law concerning volunteers without any further action. However, if the Town’s workers compensation or liability insurance providers requires a specific form of “roster of volunteers” distinct from this Ordinance, the Town Manager or shall cause such a roster to be created and provided to the insurance provider and shall update the roster from time to time.
Additionally, the Town Manager, the Leo-Cedarville Park Board and the Leo-Cedarville Stormwater Board are hereby authorized to accept volunteers as needed for various projects, programs and festivals initiated by the Town including, but not limited to, park cleanup days, Christmas celebrations, Halloween celebrations, Fourth of July celebrations and other similar activities. It shall be the responsibility of the Town Manager to create a roster of volunteers for each such project, celebration or activity. Unless a different form is required by the Town’s insurance providers, the Town Manager shall use the form attached hereto as Exhibit “A” as the roster of volunteers for such project, celebration or activity.
B. Stipends and Expense Reimbursement
Members of the various on-going boards, commissions and committees shall be entitled to a stipend and expense reimbursement as established in the order or resolution creating such board, commission or committee. However, no member of a board, commission or committee shall be paid a stipend of more than $25.00 per month. Members shall only be entitled to stipends for months during which they attend meetings or perform other services on behalf of the board, commission or committee upon which they sit. All expenses must be approved by the board, commission or committee upon which the member sits, and the member must provide a receipt or other documented proof of the expense to the Clerk-Treasurer prior to payment of the reimbursement.
No volunteer for any single program, activity or celebration shall be entitled to a stipend unless there is a specific resolution passed by the Town Council allowing for the payment of the stipend. However, the Town Manager, or other Board, Commission, or Committee that organizes the volunteer event may provide food, certificates of appreciation, or other non-monetary gifts to such volunteers as a means of appreciation provided that such gifts do not exceed the value of $25.00 per volunteer and provided that such expenditure is properly appropriated from an appropriate fund.
Volunteers for periodic activities, programs or celebrations may also be reimbursed for incurred expenses but only if those expenses are pre-approved by an authorized Purchasing Agent of the Town and provided that documentation of the expense if provided prior to repayment.
C. Supervision and Indemnity
All temporary volunteers shall be supervised by a Town officer or employee during all volunteer activity.
The Town of Leo-Cedarville shall indemnify its volunteers from any liability for conduct arising within the scope of the volunteer’s volunteer activity for the Town, unless the conduct in question was criminal, reckless, or grossly negligent.
D. Volunteer Acknowledgement Form
All volunteers for the Town shall execute a volunteer acknowledgement form (attached hereto as Exhibit “B”).
All parts of previous ordinances in conflict herewith are repealed to the extent of said conflict.
In the event any section, subsection, clause, phrase or portion of this chapter is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this chapter. It is the legislative intent of the council that this chapter would have been adopted if such illegal provision had not been included or any illegal application had not been made.
This ordinance shall be in full force and effect on the date that it is signed by the Town Council President.
Passed and adopted by the town Council of the Town of Leo-Cedarville, Indiana on this 28th day of February , 2012.
| John Clendenen
| Paul Steffens
|ATTEST:||John Eastes February 28, 2012