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.
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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
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