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HomeMy WebLinkAbout23 101 Volunteer Management Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 101 Being a By-law to Adopt a Volunteer Management Policy for The Corporation of the Municipality of Kincardine Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Volunteer Management Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the Volunteer Management Policy for The Municipality of Kincardine, attached hereto as Schedule ‘A’ and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That all other Policies passed by By-law or Motion inconsistent with this By-law, be repealed. 4. That By-law may be cited as the “Volunteer Management Policy By-law”. Read a First and Second Time this 12th day of June, 2023. Read a Third Time and Finally Passed this 12th day of June, 2023. Mayor Clerk Page 2 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Policy No.: ADMIN.02 Section: Your Government and People Policy Title: Volunteer Management Adopted Date: June 12, 2023 By-law No.: 2023-101 Revision Date: 1. Purpose The Municipality of Kincardine (“Municipality”) recognizes the positive impact that volunteers have on making our community a caring and inclusive place to live and work. Volunteers assist in providing strong, sustainable programming and supplement the services provided by the Municipality. The Municipality supports individuals who wish to achieve their goals and objectives through volunteer opportunities. The Volunteer Management Policy provides the framework and standards for governing the program: the management of volunteers, the type of work assigned to volunteers, the quality of work expected and the responsibilities and rights of volunteers, as well as the responsibilities of the Municipality of Kincardine and staff involved in the volunteer program. The Municipality will take a graded approach based on the risk assessment of the event or volunteer opportunity. Some procedures outlined in this policy will not apply to all volunteer opportunities. 2. Scope This policy applies to individuals acting in a volunteer capacity who assist the Municipality, and its committees, boards, and agencies to deliver programs and services on a regular frequency. This policy also applies to employees of the Municipality who facilitate the volunteer program. This policy does not apply to Informal Volunteers, Volunteer Firefighters, or Leaders-In-Training. 3. Definitions Criminal Record Check - shall mean a background search of criminal history conducted by the Ontario Provincial Police (OPP); Informal Volunteer – shall mean members of the community who “pitch in” to help out the community on their own volition, without Municipal oversight. These volunteers are not monitored by an agency or governing body; Formal Volunteer – shall mean members of the community who freely and willingly contribute time, energy and support by performing a defined task directly on behalf of the Municipality of Kincardine without compensation, or expectation of compensation on a consistent basis and are monitored by the Municipality; Screening - shall mean the process of volunteers applying to and being selected by the Municipality; Supervisor - shall mean a person, either a Municipal staff member or a volunteer, who oversees the management of volunteers and volunteer activities; Volunteer - shall mean an individual or member of a group who freely and willingly contributes time, energy and support by performing a defined task directly on behalf of the Municipality of Kincardine without compensation, or expectation of compensation; Vulnerable Person - shall mean a person who, because of their age, a disability, or other circumstances, whether temporary or permanent are (a) in a position of dependence on others or (b) are otherwise at a greater risk than the general population of being harmed by a person in a position of authority or trust; Vulnerable Sector Screening “VSS” - shall mean the police-screening and background check of individuals who intend to work or volunteer with, or in proximity to, vulnerable people. Page 3 of 14 Volunteer Management Policy By-law By-law 2023 - 101 4. Responsibility The Director or designate and the staff resource will be responsible for the oversight of the volunteer program pertaining to their specific department. 5. Procedure/ Policy 5.1. Goals of the Volunteer Program The overall goals of the Volunteer Management Policy are to: - Enrich and expand the services of the Municipality through the use of volunteers; - Provide the opportunity for public participation; - Create an environment where qualified volunteers can acquire new skills and further education through selection, training, and experiences; - Create an environment where qualified volunteers can use their skills and experience to enhance programs and activities of the Municipality. 5.2. Volunteer Application Process a. Individuals who wish to volunteer within the Municipality are required to submit, at minimum the Volunteer Information Form (Schedule A to this Policy). Resumes and cover letters may accompany the Application as applicable. 5.3. Grounds for Dismissal a. Efforts will be made to modify any behaviours of a Volunteer that are deemed to be detrimental to the Municipality, through discussion between Municipal staff and the volunteer in question. b. Depending on the severity of the misconduct, immediate dismissal of the volunteer may be necessary. 5.4. Responsibilities of the Municipality a. Municipal staff requesting volunteers will develop volunteer role descriptions outlining scope of work, required training and resources for each volunteer position. Volunteer role descriptions will be reviewed and updated as required. b. The Municipality will provide notice of active volunteer opportunities through a combination of the following: posting on the Municipality’s website, through the Municipality’s various social media outlets, local newspapers, etc. If the originating department wished to advertise in a local paper, advertisement costs must be funded through that department’s budget. c. Personal information collected by the Municipality with respect to volunteer involvement will only be used for administration and management of the volunteer program. A volunteer file will include, but may not be limited to, the following: i. Volunteer Information Form (Schedule B, C or D); ii. Conditions of Involvement; iii. Criminal Record Check or VSS and Criminal Reference Check results (as applicable); iv. Position task list (Schedule F); v. Training and orientation documentation, including the Volunteer Agreement and Release, Waiver of Liability and Indemnity Statement of Confidentiality (Schedule E). 5.5. Rights and Responsibilities of Volunteers a. Individuals who wish to volunteer within the Municipality are required to submit, at minimum the Volunteer Information Form. Resumes and cover letters may accompany the Form as applicable; Page 4 of 14 Volunteer Management Policy By-law By-law 2023 - 101 b. Attend any necessary orientation or training session to complete their assignments; c. Appreciate the need to maintain a professional business atmosphere in the workplace and will respect the time pressures existing within the departments for which they perform duties. A regular and punctual work schedule will be maintained. Notice of inability to meet scheduled work commitments will be given, whenever possible, well in advance; d. Maintain confidentiality in areas of particular sensitivity; e. Each volunteer will be required to sign a Volunteer Agreement and Release and Waiver of Liability and Indemnity (Schedule E), if applicable. 5.6. Volunteer Screening Screening is an ongoing process designed to protect both participants and volunteers and will include the listed elements. The volunteer screening process would only apply to medium and high-risk identified opportunities. 1) Determining the Risk 2) Information Form 3) Assessment Process – based on level of risk 4) Reference Checks (if applicable for position) 5) Police Record Check/Vulnerable Sector Check (if applicable for position) 6) Participant follow-up/ongoing monitoring 7) Position design & description 8) Recruitment process 9) Orientation and training 10) Supervision feedback 5.7. Risk Assessment/Risk Management Each volunteer activity will be assigned a level of risk rating based on the following factors: - The participant: elderly, young children, people with disabilities; - The setting/environment: where is the activity taking place, what are the hazards, and what is the level of risk; - The nature of the activity; what are the hazards; - The level of supervision: direct, indirect, offsite supervision; - The nature of the relationship between the volunteer and the participant. If it is determined that the risk of providing an activity is too great and the consequences too serious, the Municipality has the option to eliminate the activity entirely, modify the activity to reduce the risk or mitigate the risk to the Municipality by having a third party assume part or all of the liability for a specific activity. Positions will be grouped according to their level of risk. Low risk: Working in controlled setting with supervision. For example, the volunteer activity involves minimal or no contact with populations identified as vulnerable, including but not limited to, children, seniors, and individuals with disabilities. Medium risk: Working in a controlled environment with some supervision. For example, the volunteer activity may involve work with populations identified as vulnerable, including but not limited, to children, seniors, and individuals with disabilities, but are not alone with them. High risk: Working in an environment with little to no supervision. For example, the volunteer activity is likely to involve the volunteer being alone with populations identified as vulnerable, including but not limited, to children, seniors, and individuals with disabilities; personnel who are in a position to exert influence over participants in the program; personnel who are in a position of financial responsibility. Screening standards are based on the risk factor (ex. For low-risk positions everyone should complete a Registration Form and periodically meet with their supervisor; for high-risk positions, all of the screening steps should be followed). Page 5 of 14 Volunteer Management Policy By-law By-law 2023 - 101 To reduce risk in specific positions, the following safeguards will be implemented: - In medium to high-risk activities, volunteers will work in pairs; - Where possible, an experienced person will work with a new volunteer. Students fulfilling their requirements for community hours, or others assigned community service hours, are required to work under the direct supervision of a volunteer supervisor or Municipal staff person. 5.8. Volunteering as a Group, Business or Organization Groups, organizations, and businesses are welcome to volunteer with the Municipality. If the said group wishes to volunteer as a Formal Volunteer and on a repetitive occasion (more than once), then the group, organization or business will be subject to entering into a Memorandum of Understanding (MOU) with the Municipality of Kincardine. 5.8.1. Memorandum of Understanding The MOU will outline the terms and conditions of the agreement and will ensure that the group meets the sufficient insurance requirements as well as an outline of the duties of the group and duties of the Municipality. MOU’s are to be brought to Council for consideration and adoption by by-law. 5.9. Insurance Coverage During the volunteer term and in the performance of the volunteer activities, volunteers will have access to the insurance coverage outlined below. The below does not apply to Informal Volunteers. General Liability Insurance The Municipality’s liability insurance protects both the Municipality and the volunteer against claims from third parties while the volunteer is performing volunteer activities. This does not cover loss of, or damage to, the volunteer’s property. There is no cost to the volunteer for this liability insurance coverage. Accidental Death and Dismemberment Insurance The Municipality provides volunteers with insurance for accidental death or dismemberment, paralysis, accident disability and for medical and dental expenses. There is no group life insurance provided to volunteers. The below insurance does not apply to volunteers. Auto Liability Insurance Volunteers are not authorized to use Municipally owned or Municipally leased vehicles. The Municipality does not provide auto liability coverage to any volunteer’s personal vehicle driven on behalf of the Municipality during their volunteering duties. Workers’ Compensation Workers’ Safety Insurance Board (WSIB) does not provide coverage for volunteers. Any person incurring injury or illness while volunteering will not be covered by the Municipality’s WSIB policy. 5.10. Immunity In addition, Section 448 of the Municipal Act, 2001, S.O. 2001, provides volunteers with certain immunities from liability. If the volunteer is participating in the delivery of municipal services under the supervision of a municipal employee, the section establishes a statutory bar to claims against the volunteer unless the volunteer is guilty of dishonesty, gross negligence or malicious or willful misconduct, or has libeled or slandered another party. 5.11. Recognition and Appreciation of Volunteers Departments are responsible for recognizing and showing their appreciation for their volunteers through a platform that they prefer and budget for. Page 6 of 14 Volunteer Management Policy By-law By-law 2023 - 101 6. Exclusions This policy does not apply to volunteer fire fighters, summer camp students/councillors, co-operative education students or approved work placements arranged with an educational institution. During times of a declared emergency in accordance with the Municipality’s Emergency Management Response Plan, this Volunteer Policy may be bypassed. 7. Related Policies 7.1. Accessibility Standards for Customer Service 7.2. Workplace Violence Prevention Policy 7.3. Workplace Harassment Prevention Policy 8. Related Documents/Legislation Schedule A – Volunteer Form Tree – “What Forms Apply to Me?” Schedule B – Volunteer Information Form – Low-Risk Opportunities (PDF Version) Schedule C - Volunteer Information Form – Medium & High-Risk Opportunities (PDF Version) Schedule D – Volunteer Information Form – Business/Organization/Group (PDF Version) Schedule E – Volunteer Agreement and Release, Waiver of Liability, and Indemnity Statement of Confidentiality Schedule F – Volunteer Task List Template Schedule G – Memorandum of Understanding Template Page 7 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule A to Volunteer Management Policy Volunteer Form Tree – “What Forms Apply to Me?” Page 8 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule B to Volunteer Management Policy Volunteer Information Form – Low-Risk Opportunities Volunteer Opportunity: __________________________________________________ Contact Information/ Business & Organization Information Name: ________________________________________________________________ Address: ______________________________________________________________ Town/City: ___________________________ Postal Code: ______________________ Primary Phone Number: __________________________________________________ Email: ________________________________________________________________ I understand that this is an application for and not a commitment or promise of volunteer opportunity. I certify that I have and will provide information throughout the selection process, including on this application for a volunteer position and in interviews with Staff of the Municipality that is true, correct, and complete to the best of my knowledge. I understand that information contained on my application will be verified by the Municipality. I consent to the Municipality completing a Criminal Record Check or Vulnerable Sector Screening and reference check. ______________________________ ______________________ Signature Date The Municipality of Kincardine is an equal opportunity employer committed to inclusive, barrier-free recruitment and selection processes and work environments in accordance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA). If you require an accessibility accommodation throughout any stage of the recruitment process, please contact the Human Resources department at 519-396-3018 or hr@kincardine.ca for assistance. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of responding to your request. Page 9 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule C to Volunteer Management Policy Volunteer Information Form – Medium & High-Risk Opportunities Volunteer Opportunity: __________________________________________________ Contact Information/ Business & Organization Information Name: ________________________________________________________________ Address: ______________________________________________________________ Town/City: ___________________________ Postal Code: ______________________ Primary Phone Number: __________________________________________________ Email: ________________________________________________________________ Emergency & Medical Contacts Emergency Contact Full Name: ____________________________________________________________ Relationship to Applicant: _________________________________________________ Telephone Number: _____________________________________________________ Secondary Telephone Number: ____________________________________________ Availability Please check all that apply. I am available: Mornings (Mon.-Fri.) Weekends One Time Only Afternoons (Mon.-Fri.) Once a week As Needed Evenings (Mon.-Fri.) More than Once/Week Other Limitations Do you have any limitations to the type of volunteer activity that you could be involved in? Yes No If yes, please explain in general terms: ______________________________________ _____________________________________________________________________ _____________________________________________________________________ I understand that this is an application for and not a commitment or promise of volunteer opportunity. I certify that I have and will provide information throughout the selection process, including on this application for a volunteer position and in interviews with Staff of the Municipality that is true, correct, and complete to the best of my knowledge. I understand that information contained on my application will be verified by the Municipality. I consent to the Municipality completing a Criminal Record Check or Vulnerable Sector Screening and reference check. ______________________________ ______________________ Signature Date The Municipality of Kincardine is an equal opportunity employer committed to inclusive, barrier-free recruitment and selection processes and work environments in accordance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA). If you require an accessibility accommodation throughout any stage of the recruitment process, please contact the Human Resources department at 519-396-3018 or hr@kincardine.ca for assistance. Page 10 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule D to Volunteer Management Policy Volunteer Information Form – Business/Organization/Group Volunteer Opportunity: __________________________________________________ Business & Organization Information Business/Organization Name: _____________________________________________ Address: ______________________________________________________________ Town/City: ___________________________ Postal Code: ______________________ Representative Contact Information Name: ________________________________________________________________ Address: ______________________________________________________________ Town/City: ___________________________ Postal Code: ______________________ Primary Phone Number: __________________________________________________ Email: ________________________________________________________________ Volunteer Information Approximately, how many volunteers from your business/organization/group will be involved in the volunteering opportunity? ______________________________________________________________________ Please note that it is responsibility of the representative to track and maintain a listing of volunteers, if applicable Page 11 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule E to Volunteer Management Policy Volunteer Agreement and Release, Waiver of Liability, and Indemnity Statement of Confidentiality I, _____________________________ understand that I will be volunteering for the Corporation of the Municipality of Kincardine (“Municipality”) and that while volunteering, I will be under the direct supervision of a Municipal staff member. As a volunteer, I fully understand and agree as follows: General: 1. That I will not receive any remuneration, salary, wages, payment or any employee benefits, or be covered by Workers’ Safety and Insurance Benefits. 2. That except as authorized, I will not use the Municipality’s facilities or equipment. Code of Ethics: 3. I will provide my time as a volunteer in the best interest of the Municipality of Kincardine. 4. I will conduct myself with honesty and integrity while serving the Municipality. 5. I will treat members of the public, staff and Council with respect. 6. I will comply with all written policies and guidelines provided relevant to the board or committee on which they serve. 7. I will ensure my position as a volunteer will not be used to grant special privileges to any person or group and avoid all other conflicts of interest which may arise from their position as a volunteer. 8. I will ensure my position as a volunteer will not be used for business or personal benefit or gain. 9. I will not discriminate against or harass a member of the board or committee, staff, Council or public because of (including but not limited to) race, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, age, martial status, physical or mental disability or record of offences. 10. I will ensure that any personal use of social media regarding Municipal business is accurate and consistent with Municipal information and does not express a derogatory or discriminatory opinion of the Municipality, Municipal Staff or Council member. I will also disclose my affiliation with the Municipality and that views expressed in the posting are my own personal views and do not necessarily reflect the views or opinions of the Municipality. I understand that the Municipality reserves the right to relieve me from my duties as a volunteer if this policy is violated. Possibility of Injury: 11. I agree to indemnify and save harmless the Municipality of Kincardine from and against all loss, injury, costs or damages of any form, type howsoever caused of arising, including litigation expense, or legal fees that the Municipality may incur or be exposed to due to any claim made against the Municipality arising out of or carrying out the volunteer activities. Confidentiality Agreement: 12. I agree that any written or oral information disclosed to me as “confidential” during my term will remain in the strictest confidence. I have received a copy of the Municipality of Kincardine’s Volunteer Management Policy, and I confirm I understand and agree to adhere to the policy and the above statements, or as otherwise directed to me in writing by Council during my term. ________________________ Date _________________________ ________________________ Name (Print) Signature To be signed by a parent/guardian if volunteer is under the age of 18. Parent/Guardian Signature Page 12 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule F to Volunteer Management Policy Volunteer Task List - Template Overview Title – Department Assisting – [Community Services or Strategic Initiatives] Duties As a volunteer of the Municipality of Kincardine, common duties that are in relation to the [Position Name] position include: - List duties here….. PPE Necessary/Required As a volunteer of the Municipality of Kincardine, personal protective equipment (PPE) that is recommended to be worn includes, but is not limited to: - List PPE here … Page 13 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Schedule G to Volunteer Management Policy Memorandum of Understanding - Template *It is important to note that this template should be used as an example and may be changed to ….. Memorandum of Understanding This Agreement made this ____ day of ______, ______, in duplicate between: The Corporation of the Municipality of Kincardine (referred to in this Agreement as “Municipality”) And _____________________________________ (referred to in this Agreement as “_______”) This Memorandum of Understanding (MOU) sets forth the terms and understanding between the Municipality and ________________: WHEREAS ________________________ WHEREAS _________________________________ AND WHEREAS this MOU will ____________________________ NOW THEREFORE be it resolved that the above goals will be accomplished by undertaking the following activities and that the Municipality and the ___________ agree as follows: 1) The SERVICE GROUP will, at its sole cost: (a) List the services/duties that the service group will complete here….. 2) The Municipality will: (a) List the duties/responsibilities of the Municipality here…. Duration: This MOU is at-will and may be modified by mutual consent of authorized officials from the Municipality and the SERVICE GROUP. This MOU shall become effective upon signature by the authorized officials from the Municipality and the SERVICE GROUP and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Municipality and the SERVICE GROUP this MOU shall end on completion of project. Insurance and Indemnification: During this MOU, the ______ agrees to provide and maintain in full force and effect a minimum of Further, the Parties hereby agree to indemnify and save harmless the other Party, its servants, agents and employees from and against all manner of rights, liabilities, claims, actions and demands whatsoever including all costs, charges and expenses reasonably incurred by the Party in connection therewith. Notice of Service: If any notice or other communication is required to be made under this Agreement, it may be delivered in person, by facsimile, by prepaid mail or e-mail as follows: Notice to the Municipality: Name, Role Municipality of Kincardine 1475 Concession 5, RR#5 Kincardine, ON N2Z 2X6 Email of employee Page 14 of 14 Volunteer Management Policy By-law By-law 2023 - 101 Notice to the Group: Name, Role Name of Group Address 1 Address 2 Email The Parties, intending to be legally bound, have executed this Agreement on the date first written above. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ________________________________ _____________________ Mayors Name, Mayor Date ________________________________ _____________________ CAO’s Name, Chief Administrative Officer Date SERVICE GROUP/ASSOCIATION NAME ________________________________ _____________________ NAME, Role Date I have the authority to bind the Association.