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HomeMy WebLinkAboutRES NO 185-85RESOLUTION NO. 185-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING RESERVE POLICE OFFICERS AND RESERVE FIREFIGHTERS TO BE EMPLOYEES OF THE CITY OF BAKERSFIELD 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 and reserve firefighters of the City of Bakersfield are considered disaster service workers under the provisions of California Labor Code § 32~1.92; and WHEREAS, under the authority of Labor Code § 3352.94, disaster service workers are not considered employees for purposes of workers' compensation coverage o~ the public agency using their services; and WHEREAS, State Compensation Insurance Fund has refused to provide workers' compensation insurance coverage tor reserve police officers and reserve firefighters; and WHEREAS, Labor Code § 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 ot said agency for purposes of providing him workers' compensation coverage while performing such services. NOW, THEREFORE, BE IT RESOLVED by the Council of the City o~ Bakersfield as follows: 1. The above recitals are found to be true and correct. 2. In the event that reserve police ot~lcers and reserve ~irefighters of the City of Bakersfield are not covered tor purposes of workers' compensation insurance under the Calitornia Emergency Services Act, said reserves shall be deemed to be employees of the City of Bakersfield for the limited purpose of providing them with workers' compensation coverage while performing services ~or the City. .......... o0o .......... -1- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 18th day of December, 1985, by the following vote: CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED this 18th day of December, 1985 MAYOR of the Ci~ of Bakersfield APPROVED as to form: CItY ~TTORNEY of the City of Bakersfield RMS/mro R-RESERV -2-