department of alabama protecting our volunteers a synopsis of the fall 2014 and winter 2015...

Department of Alabama

PROTECTING OUR VOLUNTEERS

A synopsis of the Fall 2014 and Winter 2015 Non-profit Advisor available to members on the DAV

National Website



Fulfilling our promises to the men and women who served.

We are dedicated to a single purpose: empowering veterans to lead high-quality lives with respect and dignity. We accomplish this by ensuring that veterans and their families can access the full range of benefits available to them; fighting for the interests of America’s injured heroes on Capitol Hill; and educating the public about the great sacrifices and needs of veterans transitioning back to civilian life.

•Providing free, professional assistance to veterans and their families in obtaining benefits and services earned through military service and provided by the Department of Veterans Affairs (VA) and other agencies of government.•Providing outreach concerning its program services to the American people generally, and to disabled veterans and their families specifically.•Representing the interests of disabled veterans, their families, their widowed spouses and their orphans before Congress, the White House and the Judicial Branch, as well as state and local government.•Extending DAV’s mission of hope into the communities where these veterans and their families live through a network of state-level Departments and local chapters.•Providing a structure through which disabled veterans can express their compassion for their fellow veterans through a variety of volunteer programs.

THE DAV MISSION STATEMENT


VOLUNTEERISM

Volunteerism is an indispensable part of philanthropy Recognized as “organized charity.”


FOURTH CENTURY

Christians ministered to wounded Roman soldiers and former soldiers (veterans!)

First recorded incident of “quid” without “quo”


MODERN ERA

Forced coexistence with litigious state Organizations responsible for recruited volunteers Volunteers can be targeted by

Organization Those they have helped


EFFECTS OF LITIGATION

Enactment of Volunteer Protection Act (limitations) Organization’s limits on volunteerism Fear of litigation reduces volunteer response


IMPORTANCE OF VOLUNTEERS

Service work Transportation Fundraising Community involvement and image


VTN PROTECTIONS

Federal Tort Claims Act – protecting VTN drivers (places burden on claimant) injured or suffered property damage by the action or omission of the

driver; driver was acting within the scope of official duties; driver was acting negligently or wrongfully; and negligent or wrongful act proximately caused the injury or damage

of which he/she complains

Does not cover “intentional torts” Driver punches rider in nose

Transportation programs operated independently Don’t enjoy federal protection Volunteers may be put in unknown risk


DSO/CSO PROTECTIONS

Malpractice suits are not unheard of DAV National as result

Instituted indemnification program Conducts annual training and certification program

Quality control

Prophylactic measure against mitigation


INDEMNIFICATION

Covers Departments and Chapters Provides $500,000 for legal fees/judgments/settlements

combined Coverage dependent upon

Claim must have been forwarded to NSO Volunteer CSO compliant with training and certification requirement


OTHER LIMITATIONS

Claim given to National Adjutant who must be notified immediately

Department/Chapter surrenders control of defense to DAV National

Cooperate fully in prosecution and/or resolution


OTHER VOLUNTEER ACTIVITIES

May be covered under DAV National programs already in existence

May be covered by Department and Chapter insurances May be covered by some state and federal law

immunities


CHARITABLE IMMUNITY

Did exist Abolished by most states State law determining factor


SUBJECT TO LIABILITY

Gross negligence Intentional misconduct Some state statutes exclude any protection for:

wrongful acts committed while operating a motor vehicle; fraud; delivery of professional services knowing violation of the law.


VOLUNTEER PROTECTION ACT

Protects volunteer acting within scope of responsibilities Provides defense to covered volunteers Does not prevent suits Does not protect

Non-profit organization Against MVAs Against civil rights suits


WHAT’S THE ANSWER

INSURANCE


CONCLUSION

Charities must take responsibility for training and monitoring the actions of volunteers

Volunteers must be made aware that their actions have consequences

Proper risk mitigation measures (such as appropriate insurance) are always necessary in connection with volunteer activities

department of alabama protecting our volunteers a synopsis of the fall 2014 and winter 2015...

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