California Emergency Management Agency

December 2010

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Created as a result of legislation to provide:◦ worker’s compensation benefits and◦ limited liability protection

to DSW volunteers injured while participating in approved disaster service duties.

Appropriation (General Fund) FY 2010/11▸ $1,012,000 ▸ Mechanism available to request additional funds

Benefits the public, local & state government: DSW volunteers= invaluable emergency services

resources paid staff better able to maintain day-to-day operations promotes volunteerism

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1. Inform DSW Stakeholders of Revision Process

Regulations last revised: October 1999 Guidance last revised: April 2001

Evolution of Volunteerism: increase in number and scope of disaster service duties

Recommendations/Key Findings:

- Liability Workshops – Volunteer Mutual Resource Workshops

- Various Presentations

2. Solicit Input

• Opportunity to share issues/topics to be addressed

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1. Statutory Inclusion

2. Supervision

3. Oath Authority/Administration

4. DSW Activities

5. Registration

6. Classifications

7. Claim Submissions

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GC§ 3102 amended: Oath effective while person remains with that organization (SB 1350, Local Government Omnibus Act of 2000, Chapter 506, Statutes of

2000)

GC§ 3105 amended: Filing retention requirements for the Oath

(SB 210, Local Government Omnibus Act of 2001, Chapter 176, Statutes of 2001)

Replace CEC with Cal EMA (formerly OES)

(SB 1889, California Emergency Council, Chapter 502, Statutes of 2006)

Replace OES with Cal EMA (AB 38, State agencies, California Emergency Management Agency, Chapter 372, Statutes of 2008)

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Clarify/Define◦ What is supervision ◦ Who may supervise

Direct versus indirect supervision◦ Onsite, offsite

Registering agency ◦ Should agency establish criteria?◦ Should agency designate authority to

supervise/direct volunteers?

CCR §2572.1, 2573.1(b)(2) 6

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Provide clearer language as to who has authority to administer oath and to whom oath administration authority may be delegated

◦ Who is an officer?◦ Can authority to administer oath be delegated?◦ What is meant by ‘appointing power’ in GC Code §3104?◦ When/where should oath be administered? ◦ Having taken the oath, is there an expiration?

Include procedures to administer oath in Guidance

Activities authorized by the California Emergency Services Act (ESA)

What are eligible disaster service duties?

What is considered ‘official activation’?

What is the definition of a local emergency?

What training events are covered? Excluded?

GC Sections 8558 & 8585.5CCR §2570.2(b)(c), 2572.2, 2573.1(b)(3)

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Required Information:

1. Name & address of registrant2. Classification3. Date enrolled (date Loyalty Oath signed)4. Loyalty Oath

Propose Additional Requirement:

5. Name of registering government agency with signature & title of authorized person.

CCR §2570.2(a)(1)(d), 2573.1, 2573.2(d)

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Review existing classifications:

◦ Description accurate?

◦ Scope of duties complete?

◦ Need to add a classification?

CCR §2572.110

Required documents:1. SCIF #3301 – Worker’s Compensation Claim Form

2. SCIF #3267 – Employer’s Report OR

Claims Reporting Center (888) 222-3211

3. Copy of signed DSW Registration & Oath4. Copy of incident narrative

Propose Additional Requirement:

5. Copy of training document/verification of DSW volunteer’s participation (if injury training related)

CCR §2573.311

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Anita ChantAnita Chant C Cindy Shipleyindy Shipley Program CoordinatorProgram Coordinator Program Support Program Support (916) 845-8763(916) 845-8763 (916) 845-8753 (916) 845-8753anita.chant@calema.ca.govanita.chant@calema.ca.gov cynthia.shipley@calema.ca.gov cynthia.shipley@calema.ca.gov

Send Regulation and Guidance Comments to:

DSWregs@calema.ca.govDSWregs@calema.ca.gov

DSWVP Guidance and Related Documents:DSWVP Guidance and Related Documents:www.calema.ca.govwww.calema.ca.gov

(under Preparedness –Quick Links)(under Preparedness –Quick Links)