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HomeMy WebLinkAboutAgenda Statement 1986/07/22 Item 9 COUNCIL AGENDA STATEMENT Item Meeting Date 7/_ 22/86 ITEM TITLE: Resolution /',We 7 Recognizing Reserve Peace Officers as employees for purposes of Workers' Compensation SUBMITTED BY: Director of Personne City Manager (4/5ths Vote: Yes No X ) REVIEWED BY: �` � „.. Officers are registered with the California Emergency Council Reserve Police the State as disaster service workers and, as such, are covered by Compensation Insurance Fund (SCIF) for Writ by the First Appellate injuries sustained while performing disaster relief services. A recent it District Court has upheld a Workers Compensation Appeals Board ge AB) Judges' opinion that Reserve Peace Officers are but, rather, only while performing while performing their regular duty provide disaster relief work. Therefore, it its thselCf-fu'ndedeSWorkers interest on Reserve Peace Officers coverage under duty. Plan for injuries that occur during regular RECOMMENDATION: That the City Council adopt Resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Currently the City has 67 Reserve Peace Officers O There who 54 fall Level I into three categories of training and responsibilit These Reserves operate Officers who have a minimum of 400 hours however, they gmay only arrest with the similarly to regular Peace Officers, may only respond to crimes of approval while a regular Peace Officer, and they There are 13 Level III Reserve iviolence while accompanied by a regular Peace Officer.Pout r. There are no Level II Rse Officers and this level is being phased They are Mounted Reserves who have a minimum of 40 hours a des training. searches for missing whose main responsibilities are parades eo le. All Reserve Officers act under the direction of the Director of Public Safety. Reserve Peace Officer is registered as a d"di a h rWorkers' Compensation worker" with Each R Council , and is provided California Emergency public agencies, benefits from State Compensation Insurance Fund (SCIF) past,i injuries sustained while disaster related services while performing including Chula Vista, have referred all injuries of Reserve Peace Officers to SCIF. Page 2, Item 9 Meeting Date A t case, "County of Sonoma v. W.C.A.B. (Workers' Compensation Services;p sa ionndp Appeals Board) ;recent California Office of Emergency Compensation David L. anceam; " addressed the issue of whether or not a Reserve Compensation Insurance Fund," was a disaster service Deputy Sheriff, injured i n the course of his duties, .ff for the County of and therefore entitled to Workers Compensation benefits from SCIF. Mr. worker a then sought Ingham was injured while working as a Reserve The County provided Mr. Ingham on with basiefits, Mr. Ingham sought The Wwas reimbursement from SCIF, which refused to pay upheld in the Jut performing disaster relief and opinion was subsequently injury. Judge ruled in favor of SCIF Court of Appeal . that City' s legal counsel for Workers' Compensation n has advised the defined t ned at The other emergency in Government a Reserve section Officer e �state SCIF, but would rather or Government Code section 8558, i .e. state of war emergency, benefits would not be payable by local by directing the Reserve Officers' activities. For phis reason,so the local agency ur oses n it is recommended that the attached for WorkerstCompensathon identifies Reis veaso of the City Reserve Officers as employees performing regular duties, be adopted. Adoption of this resolution does when p continuing to file claims with SCIF for injuries not preclude the City from cont sustained by Reserve Officers during disaster relief work or disaster Reserve Officers under preparedness training. The alternative of not covering g Res r personal injury Compensation leaves the City exposed to potential provision of Workers' result in higher monetary awards. The p lawsuits, which typically Compensation benefits closes off all avenues of potential liability Workers' Comp claims on the part of the injured p arty. FISCAL IMPACT: The addition of Reserve Peace Officers to the City' s self-funded Workers' n rogram represents a slight increase in liability for future Compensatio p injuries. in is a breakdown of number of injuries and lost time for Reserve The follow 9 Officers by calendar year since 1982: Lost time Numbe e r of Injuries _---- e Year 0 1 0 1982 4 0 1983 1 2 Days 1984 5 1985 WPC 0508K 1 .y the CityCoun' l of Chula Vista, California Dated = ''r-----""""