Volunteer Risk, Injury Coverage, and Indemnification: Difference between revisions

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|'''Author(s)'''
|'''Author(s)'''
|Carmen Merlo (PBEM)
|Carmen Merlo (PBEM); Franco Lucchin (Portland City Attorney)
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=== Reason for Policy ===
=== Reason for Policy ===
The Affiliated Team Volunteer (ATV) program supports Neighborhood Emergency Teams (NET) by fostering neighborhood resilience and preparedness while addressing these needs:
The City of Portland relies on trained disaster response volunteers to extend the reach of government during emergencies, disasters, and large scale community needs. Neighborhood Emergency Team Members provide essential services such as basic search and rescue, first aid, damage assessment, and emergency communications under the direction of the Portland Bureau of Emergency Management. In order for volunteers to act decisively and effectively in dynamic and high stress environments, they must have clarity about their legal protections when performing authorized duties in good faith and within the scope of their assignment.


* Facilitating denser neighborhood social networks for NET teams.
This policy establishes that clarity. By defining when and how the City will indemnify, defend, and hold harmless NET Members, consistent with the Oregon Constitution and the Oregon Tort Claims Act, the City reinforces its commitment to supporting volunteers who act on its behalf. The policy reduces uncertainty, strengthens recruitment and retention of trained volunteers, and ensures that emergency service activities can be carried out without unnecessary hesitation due to concerns about personal liability.
* Building relationships with neighbors who may become [[Spontaneous Unaffiliated Volunteers (SUVs)|spontaneous volunteers (SUVs)]]  in the immediate aftermath of a disaster.
 
* Providing a transitional status for active NET volunteers who wish to scale down their involvement without leaving the program entirely.
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* Volunteer managers are assured that ATVs who respond with a current ID have been background checked by PBEM and have at least one specific, deployable skill. This is in contrast to [[Spontaneous Unaffiliated Volunteers (SUVs)|SUVs]], who are not vetted before they arrive and offer to help, and must be interviewed to determine their most appropriate placement.<br>
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=== Policy Statement ===
=== Policy Statement ===
Affiliated Team Volunteers (ATVs)  are community members who support NET teams in their local areas but do not hold full "Active NET" status. ATVs are envisioned as supplemental resources for their NET's earthquake response framework and as contributors to overall community resilience. Although they are not deployed by the City of Portland nor indemnified, ATVs may participate in preparedness efforts to strengthen neighborhood readiness for emergencies and to improve general resilience, and in some training and other team activities.
Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, [http://www.oregonlaws.org/ors/30.260 ORS 30.260 through 30.300], the City shall indemnify, defend and hold harmless a NET Member for any tort claim arising out of a NET Member’s act or omission within the course and scope of the NET Member’s duties while the NET Member is performing emergency service activities under the direction of PBEM in connection with a state of emergency declared under ORS 401.309, or during a state of public health emergency proclaimed under ORS 433.441, or while the NET Member is engaged in training being conducted or approved by PBEM for the purpose of preparing the NET Member to perform emergency services, or while a NET Member is participating in non-emergency deployment activities with PBEM’s prior approval.
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