HomeMy WebLinkAboutTB Study Session 2012-07-10
Town of Estes Park, Larimer County, Colorado, July 10, 2012
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION
of the Town of Estes Park, Larimer County, Colorado. Meeting held at
Town Hall in said Town of Estes Park on the 10th day of July, 2012.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Town Attorney White, and Deputy Town Clerk
Deats
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
VOLUNTEER MANUAL.
At the April 24, 2012 Town Board meeting, staff received direction from the Board
regarding the proposed Volunteer Manual. Assistant Town Administrator (ATA)
Richardson initiated discussion of the amended document with revisions that include the
removal of Town required forms related to operational issues; the removal of job
descriptions; a revised liability agreement removing the indemnification clause; format
changes; and a component addressing a liability form for each volunteer and the
memorandums of understanding (MOU) for recognized 501(c) groups. ATA Richardson
noted that the Town required forms, although not part of the draft manual, will be part of
the final document. Trustee Ericson commented that the organizational chart included
in the document was not the chart that was approved by the Board in April 2012.
Assistant Town Administrator Richardson said the chart approved in April needs to be
updated and said a revised organizational chart will be brought forward as a separate
action item to the Board.
Trustee Koenig noted that after reviewing the first draft of the Volunteer Manual in April
a number of individuals resigned as volunteers at the Convention and Visitors Bureau
(CVB) due to the indemnification clause it contained. She said the indemnification
clause may have been removed from the manual but there are multiple places within
the revised document that continue to refer to liability waivers. Attorney White said
volunteers do not indemnify the Town by agreeing to anything in the Volunteer Manual
or in the Volunteer Services Agreement. However, the Town will not be liable for acts of
a volunteer that may result in death, injury, and/or property damage if he/she acts
outside the scope of his/her authorized volunteer activities; or if death, injury and/or
property damage occurs due to a volunteer’s willful and wanton disregard. He said this
language does appear multiple times in the document to emphasize the importance of
the information.
ATA Richardson said that conversations with property and liability insurance companies
led to the inclusion of the individual Volunteer Services Agreement. Attorney White
noted that CIRSA recommended the Town utilize the individual Volunteer Services
Agreement as it would be more likely to stand up in court in the event of a lawsuit.
Discussion is summarized: the liability language is redundant and ‘in your face’ and
does not show sensitivity to the concerns of the volunteers; consider requiring
volunteers to sign indicating receipt and understanding of the Volunteer Manual; sign
statement showing agreement to the terms outlined; background checks are not
required of all volunteers, only those working with youth, seniors, operating a motor
vehicle as part of Town operations, or handling money or confidential information;
Town Board Study Session – July 10, 2012 – Page 2
consider a separate form to be completed for volunteer positions that require a
background check; consider eliminating the individual Volunteer Services Agreement
and have individuals sign that they have read and understand the volunteer Manual and
agree to be bound by it; and consider including the liability information in an appendix to
the Volunteer Services Agreement
Staff will speak to HR regarding injury-related medical coverage; add fire extinguishers
to the Volunteer Safety section; include and clearly mark appendices referenced in the
document; clarify that Section 1.6.7 Work Place Violence is meant to address illegal
weapons; and amend 1.6.11(d) from “Gloves must be worn…” to “Gloves should be
worn…” The document will be revised and made available to volunteer groups for
comment with their feedback forwarded to the Board.
FUTURE AGENDA ITEMS.
Items suggested for future discussion include:
• FOSH Fund
• Live streaming video and audio of Town Board meetings
• Review of quasi-judicial procedures
• Committees, ad-hoc committees, committee liaison responsibilities, and term
limits
• E-mail retention policy
• Policy Governance
• Strategic Planning
• Economic Development
• Status of 2012 goals
There being no further business, Mayor Pinkham adjourned the meeting at 5:12 p.m.
Cynthia Deats, Deputy Town Clerk