Volunteer Risk, Injury Coverage, and Indemnification
Policy Summary: PBEM NET and BEECN Volunteer Indemnification
NET and BEECN volunteers are protected from liability by the City of Portland when deployed directly by PBEM or in response to an earthquake in the Portland metro area; and are engaging in response activities for which they have received PBEM training or are engaging in PBEM-approved training activities. Indemnification applies only to fully trained NET and BEECN volunteers in good standing; ATVs are not indemnified.
The City of Portland does not provide injury coverage to PBEM volunteers. PBEM volunteers are at their own risk for personal injury and/or property damage even when deployed by PBEM.
| Effective date | November 19, 2013 |
| Last revised | N/A |
| Policy owner | PBEM Community Preparedness Team |
| Author(s) | Carmen Merlo (PBEM); Franco Lucchin (Portland City Attorney) |
Forms
None.
Reason for Policy
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.
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.
Policy Statement
Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, 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.
Scope
This policy applies to fully accredited NET and BEECN volunteers in good standing. The policy does not apply to any other PBEM volunteers.
Responsibilities
- Portland Bureau of Emergency Management (PBEM)
- Responsible for making the policy clear to all accredited NET and BEECN volunteers, and serving as the initial intake point for any prospective claim (which will be relayed to the City Attorney's Office or City Risk).
- PBEM Volunteers
- Responsible for making this policy clear to any non-accredited volunteers they work with, such as non- BEECN ATVs or spontaneous volunteers (SUVs).
- Portland City Attorney's Office
- Reviews this policy at PBEM's request for any changes.
Definitions
| Term | Definition |
|---|---|
| Affiliated Team Volunteer (ATV) | A volunteer who supports a NET team but does not hold full "Active NET" status. |
| Neighborhood Emergency Team (NET) | A community-based group of volunteer disaster responders whose members are trained and certified by the Portland Bureau of Emergency Management. |
| Spontaneous Unaffiliated Volunteer (SUV) | People who help in disaster response/recovery without being part of a disaster relief organization. They often show up after a disaster, and they may not have formal training. |
Implementation Details
Any prospective tort claim arising from the activity (or inaction) of an indemnified NET or BEECN volunteer will be reported to PBEM staff by the volunteer as soon as possible. PBEM will consult with the City Attorney's Office and/or City Risk for next steps.
Compliance
Related Information
Frequently Asked Questions (FAQs)
Q: How will ATVs be distinguished from SUVs in an activation?
A: ATVs are issued PBEM volunteer photo ID card, similar to NET ID cards. No SUV will have a valid PBEM-issued ID.
Q: What roles/VSFs are suitable for ATVs?
A: Roles with "No" in the "NET/CERT req?" column of the VSF Directory are appropriate for ATVs. Training requirements apply.
Q: How long may an ATV serve?
A: Just like NET volunteers, there is no limit on service. Every volunteer's background check and ID card must be renewed every three years.
Program/Policy Background
"ATV" was first coined and suggested to Jeremy Van Keuren (PBEM) by NET volunteer David Given in July 2017. David worked with Boy Scout volunteers and requested a volunteer status that kept a non-NET disaster response volunteer "in the loop" of NET activities and encouraged forming a planning relationship with local teams.
PBEM implemented the ATV status as a solution to two problems:
- It offers exiting NET volunteers an alternative to separating from the NET program completely. If a NET volunteer is unable to meet/uninterested in meeting their Minimum Service Contribution but would like to remain a part of their local team, they can do so as an ATV. ATV status is an alternative to making a NET volunteer "Inactive" and completely discharging them from the program.
- It encourages non-NET neighbors to volunteer with their local NET team by giving them a status in the program. A neighbor may be interested in disaster response activities with their community and want to plan ahead, but do not have the time and/or inclination to complete Basic NET training. Becoming an ATV gives them a team role to fill by declaring a VSF (e.g. radio operator) and makes them more ready to participate with a NET team than a spontaneous volunteer (SUV) would be.
https://toddjasper.com/2012/07/23/review-of-recently-released-cert-liability-guide/