1986-011-Declaring Reserve Police Officers To Be Employees Of The Town Of Los Gatos In The Event That The Reserves Are Not Covered Under The California Emergency Services Act For Workers' CompensationRESOLUTION NO. 1966-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING RESERVE POLICE OFFICERS TO BE EMPLOYEES OF THE
TOWN OF LOS GATOS IN THE EVENT THAT THE RESERVES ARE NOT
COVERED UNDER THE CALIFORNIA EMERGENCY SERVICES ACT FOR
WORKERS' COMPENSATION.
WHEREAS, State Compensation Insurance Fund provides workers'
compensation insurance for disaster service workers; and
WHEREAS, reserve police officers of the Town of Los Gatos are,
considered disaster service workers under the provisions of California Labor
Code Section 3211.92; and
WHEREAS, under the authority of Labor Code Section 3352.94,
disaster service workers are not considered employees for purposes of workers'
compensation coverage of the public agency using their services; and
WHEREAS, State Compensation Insurance Fund has refused to provide
workers' compensation insurance coverage for reserve police officers; and
WHEREAS, Labor Code Section 3363.5 provides that the governing body
of a public agency may adopt a resolution declaring a person who performs
voluntary services without pay for that agency to be an employee of said agency
for purposes of providing him workers' compensation coverage while performing
such services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Los
Gatos as follows:
1. The above recitals are found to be true and correct.
2. In the event that reserve police officers of the Town of Los
Gatos are not covered for purposes of workers' compensation insurance under the
California Emergency Services Act, said reserves shall be deemed to be
employees of the Town of Los Gatos for the limited purpose of providing them
with workers' compensation coverage while performing services for the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the town of Los Gatos held on the 21st day of January 1986
by the following vote:
AYES: COUNCIL MEMBERS Joanne BenJamin, Eric D.
Carlson, Thomas J. Ferrito, Brent N. Ventura
and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED 2Q�� S - r . �.
f UF L U O
ATTEST:
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CLERK OF THE TOWN OF LOS GAS