Welcome to

“Managing Risk and Maximizing Quality in Your Volunteer Program"

Presenter: Mary Beth Harrington, CVA

Facilitator: Caitlin Wiernicki

The webinar will begin at 3:30 p.m. Eastern Standard Time

Today’s Agenda

• Requisites for an effective volunteer program

• Volunteer Management Myths

• Fundamentals of Volunteer Risk Management

• Volunteer Protection Act

• Volunteer Management Resources

• Nonprofit Resources

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Requisites for an Effective Volunteer Program

• Who is primarily responsible for the effectiveness of a volunteer program at a nonprofit?

• New Paradigm: Quality vs. Quantity Volunteers!

• Recruitment + Recognition = Retention = Less Recruitment!

• Board/Intern = Volunteers too!

• Volunteer Management’s Dirty Little Secret!

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Volunteer Management Myths • Volunteers take too much time”

• “Every volunteer is good”

• “Volunteers are free”

• “Volunteers are not reliable”

• “I can’t fire a volunteer”

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Fundamentals of Volunteer Risk Management

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Risk Management Disclaimer! • I am not an attorney!

• I cannot teach you how to avoid a lawsuit!

• Due Diligence!

• Risk is everywhere!

• You are never done!

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Are Your Covered?

• In your volunteer management program, the following may be at risk:

– People

– Property

– Finances

– Goodwill

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Consider This….

• Volunteers may have access to confidential client information

• Volunteers may come to consider themselves employees, not volunteers

• Volunteers may have access to the organization’s financial assets as part of their volunteer assignment

• Volunteers’ actions may harm the organization’s reputation

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Natural Risk Takers

• Risk is Everywhere!

• 5 Step Risk Management Process: - Establish the context - Acknowledge and identify risks - Evaluate and prioritize risks - Implement risk management techniques - Monitor and update the program

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Volunteer Risk Management Fundamentals

Volunteer Application • Full Contact Information

http://www.nonprofitrisk.org/tools/volunteer/review/vol_application.htm

• Conflict of Interest Statement http://www.idealist.org/info/Nonprofits/Gov5

• Confidentiality Statement http://www.nonprofitrisk.org/tools/volunteer/review/disclaimer.htm

• Photo Release http://www.unitedwayinc.org/sites/unitedwayinc.org/files/Volunteer%20Release%20Form%20DOC%20(2).pdf

• Permission to Review Documents http://www.nonprofitrisk.org/tools/volunteer/review/permission.htm

• Emergency Contact Information

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Volunteer Risk Management Fundamentals

Policies and Procedures Manual http://www.nonprofitrisk.org/tools/volunteer/review/o_contents.htm

• Volunteer Age Requirement • Volunteer Safety Standards

http://www.nonprofitrisk.org/tools/volunteer/review/safety_checklist.htmp

Job Descriptions • CYA – Risk Management

http://www.nonprofitrisk.org/tools/volunteer/review/vol_pos_descript.htm

Training/Supervision • Volunteer Orientation

http://www.nonprofitrisk.org/tools/volunteer/review/o_agenda.htm

• Orientation Handbook and Sign Off http://www.nonprofitrisk.org/tools/volunteer/review/o_signoff.htm

• Promote Self Sufficiency • Coaching Volunteers is Ok!

http://www.nonprofitrisk.org/tools/volunteer/review/superv.htm

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Volunteer Risk Management Fundamentals

Record Keeping • Maintain Records on All Volunteers!

• Idealware http://idealware.org/

Personal Interview/Screening http://www.nonprofitrisk.org/tools/volunteer/review/interview.htm

• Every Volunteer Has an Agenda

• “Why Do You Want to Volunteer Here? http://www.nonprofitrisk.org/tools/volunteer/review/vol_checklist.htm

• References http://www.nonprofitrisk.org/tools/volunteer/review/ref_questions.htm

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Bless and Release!

• Good for the staff?

• Good for the organization?

• Good for the volunteer?

• Good for the volunteer coordinator?

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Document, Document, Document!

• Original applications including interview notes

• Timesheets

• Evaluations

• Supervisor comments/praises

• Counseling sessions

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Volunteer Bill of Rights

Volunteer Bill of Rights

– The right to feel safe

– The right to information about your volunteer role or project

– The right to feel valued

– The right to negotiate your volunteer role

– The right to leave

http://www.idealist.org/info/Volunteer/Rights

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Volunteer’s Responsibilities

A Volunteer's Responsibilities

– The responsibility to communicate your needs

– The responsibility to follow through on your obligations

– The responsibility to not promise what you can't deliver

– The responsibility to honor the organization's investment in you

– The responsibility to take care of yourself

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Federal and State Laws Regarding Volunteers

Volunteer Protection Act - 42 U.S.C. § 14503(a)

• Check your state for more specific laws. For instance, in sharp contrast with other state volunteer protection laws, the Texas law limits liability for three groups:

- Volunteers

- Employees; and

- The organization

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Volunteer Insurance

• I am not an Insurance agent!

• Check with your agent for specifics

• D & O = Director’s and Officers Insurance

• Who is the “insured”?

• Does “loss” mean damages and costs of defense?

• Is personal injury covered?

• What constitutes a “wrongful act”?

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Volunteer Risk Scenarios

Your Executive Director tells you that to secure funding

from a local corporation your MOW needs to allow their employees to deliver meals at least once a week.

The employees will rotate who delivers meals and substitute for themselves.

What could go wrong?

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Volunteer Risk Scenarios

A group of women from a local church are volunteering to coordinate a silent auction which is part of a larger fundraiser for your MOW program.

They are securing all the donations for the silent auction, handling the set up for the auction as well

as checkout for the attendees. They know how busy you are so they want to handle all aspects of

this portion of the event.

What could go wrong?

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Volunteer Risk Scenarios

You are coordinating a volunteer event at your MOW

for a group of teens from a local high school. Volunteers will be responsible for removing

everything from the pantry, cleaning, painting and installing new shelving and moving everything back

into the area.

What could go wrong?

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Volunteer Protection Act

42 U.S.C. § 14503(a)

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Volunteer Protection Act

Volunteers will not be personally liable for their acts or omissions if they are acting within the

scope of their responsibility for the organization and the harm is "not caused by

willful or criminal misconduct, gross negligence, reckless misconduct, or a

conscious, flagrant indifference to the rights or safety of the individual harmed."

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Volunteer Protection Act

Volunteer - a person who performs services for the organization without compensation, other than

reasonable reimbursement or allowance for expenses actually incurred, or "any other thing of value in lieu of

compensation, in excess of $500 per year."

The key in each case is whether the statutory definition of a volunteer is met.

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Volunteer Protection Act

Nonprofit organization - classified as exempt from tax as a charity under Section 501(c)(3) of the Internal Revenue Code or "any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes."

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Volunteer Protection Act

Although the law provides a benefit to volunteers, it will not in most cases reduce the recovery of a victim.

The Act does not eliminate liability of the organization for the acts or omissions of its volunteer agents. Since most nonprofits maintain insurance, most

cases will continue to be settled by insurance payments from the organization’s insurer.

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How Does the Act Work?

A volunteer is not personally liable for harm that he or she caused if the volunteer was:

• (1) acting within the scope of his or her responsibilities

• (2) was "properly licensed, certified, or authorized by the appropriate authorities" to act in such manner "if appropriate or required

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How Does the Act Work?

A volunteer is not personally liable for harm that he or she caused if the volunteer was:

• (3) did not fall below the minimum standard of conduct described above

• (4) was not operating "a motor vehicle, vessel, aircraft or other vehicle" for which the state requires an operators license or insurance.

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How Does the Act Work? The protection does not apply to:

• Misconduct that constitutes a crime of violence or terrorism (for which the volunteer is criminally convicted)

• Hate crimes (whether or not convicted).

• Sexual offenses (for which the volunteer is criminally convicted)

• Civil rights violations

• Acts that occurred when the volunteer was under the influence of "intoxicating alcohol" or drugs.

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You Need to Know….

• The Volunteer Protection Act does not make volunteers immune from suit.

• Nonprofits can be sued; however, they are likely to have "deeper pockets" and will still be liable for acts of their volunteer agents, even if the volunteers are not personally liable.

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You Need to Know….

• Nonprofit with Insurance – (hopefully covering the volunteer and the organization) outcome will probably not differ.

• Nonprofit without insurance - volunteer may have defense for personal liability not available to the organization.

• The Act does not preclude a nonprofit from bringing a suit a volunteer for damages to the nonprofit.

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Reprinted from the December 1997 issue of

Don Kramer’s Nonprofit Issues

For more information about the publication call 1- 888-NP-Issue or visit the Website at

http://www.nonprofitissues.com

Found in the Energize website library at: http://www.energizeinc.com/art.html

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Have You….

• Conducted a Professional Risk Assessment of your volunteer program?

• Had a professional review of your volunteer handbook?

• Offered volunteer management training to your full organization?

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Nonprofit Risk Management Center www.nonprofitrisk.org

• Books and Products:

• No Surprises: Harmonizing Risk and Reward in Volunteer Management—5th Edition

• My Risk Management Plan

• Access Online Tutorials:

• Volunteer Risk Management

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Nonprofit Risk Management Center www.nonprofitrisk.org

• Read Articles Online: • Volunteer or Employee: Do You Know the Difference?

• Tempting but Dangerous: Paying Volunteers ‘A Little Something’

• Keeping Volunteers Safe from Harm

• Insurance for Volunteer Programs

• How Lifestyle Figures in an Appropriate Mentor Match

• Survey Sheds Light on Screening Practices of Volunteer Organizations

• Risk on the Road: Managing Volunteer Driver Exposures

• Use RISK Help™: • Ask unlimited questions about volunteer risk management

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Volunteer Management

Resources

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Volunteer Management Resources

• Points of Light - http://www.pointsoflight.org/

• Hands on Network - http://www.handsonnetwork.org/

• Corporation for National and Community Service - http://www.nationalservice.gov/

• President’s Volunteer Service Award http://www.nationalservice.gov/about/initiatives/pvsa.asp

• Energize Inc. http://www.energizeinc.com/

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National Volunteer Day Seasons of Service

• National Mentoring Month – January http://www.nationalservice.gov/about/initiatives/nmm.asp

• MLK Day of Service - http://www.mlkday.gov/

• Corporate Philanthropy Day - February http://www.corporatephilanthropy.org/events/international-corporate-philanthropy-day.html

• Random Acts of Kindness Week – February http://www.actsofkindness.org/people/days.asp

• Cesar Chavez Day of Service and Learning - March http://chavezfoundation.org/

• National Volunteer Week – April http://www.handsonnetwork.org/events

• Global Youth Service Day – April http://www.ysa.org/nysd/

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National Volunteer Day Seasons of Service

• Join Hands Day – May 1 http://joinhandsday.org/

• National Day of Service & Remembrance – September 11 http://www.911dayofservice.org/

• My Good Deed – September 11 http://911dayofservice.org/

• Be The Change Day – October 1 www.saalt.org/bethechange.php

• Make a Difference Day – October 23 http://www.usaweekend.com/section/mdday

• Family Volunteer Day - http://disney.go.com/disneyhand/familyvolunteers/

• National Philanthropy Day - http://www.afpnet.org/national_philanthropy_day_and_afp_awards

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National Volunteer Awards

• Corporate Engagement Award of Excellence http://www.pointsoflight.org/recognition

• Build-A-Bear Workshop Huggable Heroes Award Program www.buildabear.com/huggableheroes

• The Congressional Award http://www.congressionalaward.org

• Daily Points of Light Award http://www.pointsoflight.org/recognition/dpol

• Do Something Award http://www.dosomething.org/programs/awards

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National Volunteer Awards

• Giraffe Heroes http://www.giraffe.org/nominate-giraffes/nominate-giraffes/

• Gloria Barron Prize for Young Heroes http://www.barronprize.org

Nestlé Very Best In Youth http://verybestinyouth.nestleusa.com/public/default.aspx

• President's Volunteer Service Award http://www.presidentialserviceawards.gov/tg/aio/index3.cfm

• Prudential Spirit of Community Awards http://www.prudential.com/community/spirit or by calling 1-877-525-8491

• Women of Worth http://www.womenofworth.com

• Youth Service America Awards and Grants Programs http://www.ysa.org/awards

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Nonprofit Resources

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Websites You Should Know

• GrantStation – www.GrantStation.com

• Chronicle of Philanthropy - www.philanthropy.com

• Nonprofit Quarterly - www.nonprofitquarterly.org

• Blue Avocado – www.blueavocado.org

• BoardSource - www.boardsource.org

• Idealware – www.idealware.org

• TechSoup – www.techsoup.org

• Independent Sector – www.independentsector.org

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Free Advice and Counsel

Mary Beth Harrington, CVA 501c³ - Taking Nonprofits to the Third Power

mbharrington64@hotmail.com www.mbharrington501c3.com

972-839-9960

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Upcoming Webinars in 2015!

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