PROTECTING OUR VOLUNTEERS

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

Department of Alabama

THE DAV MISSION STATEMENT 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.

VOLUNTEERISM

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

Department of Alabama

FOURTH CENTURY

 Christians ministered to wounded Roman soldiers and former soldiers (veterans!)  First recorded incident of “quid” without “quo”

Department of Alabama

MODERN ERA

 Forced coexistence with litigious state  Organizations responsible for recruited volunteers  Volunteers can be targeted by   Organization Those they have helped

Department of Alabama

EFFECTS OF LITIGATION

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

Department of Alabama

IMPORTANCE OF VOLUNTEERS

 Service work  Transportation  Fundraising  Community involvement and image

Department of Alabama

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   Does not cover “intentional torts”  negligent or wrongful act proximately caused the injury or damage of which he/she complains Driver punches rider in nose  Transportation programs operated independently   Don’t enjoy federal protection Volunteers may be put in unknown risk

Department of Alabama

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

Department of Alabama

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

Department of Alabama

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

Department of Alabama

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

Department of Alabama

CHARITABLE IMMUNITY

 Did exist  Abolished by most states  State law determining factor

Department of Alabama

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.

Department of Alabama

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

Department of Alabama

WHAT’S THE ANSWER

 INSURANCE

Department of Alabama

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