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RESOLUTION NO. 2024-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, TO SPECIFY WHICH
EMPLOYEE VOLUNTARY ACTIVITIES SHALL BE
DEEMED TO BE INDUSTRIAL FOR THE SOLE PURPOSE
OF PROVIDING WORKERS' COMPENSATION
COVERAGE TO CITY EMPLOYEES WHILE
PERFORMING SUCH VOLUNTARY ACTIVITIES
WHEREAS, the City of Corona (“City”) has employees who participate in a variety of voluntary activities that may have some connection to their employment but are not mandatory and thus not industrial for purposes of providing workers’ compensation coverage; WHEREAS, California law provides that injuries resulting from voluntary recreational and other activities do not qualify for workers compensation coverage, unless it can be shown that the employer directly or indirectly required participation; WHEREAS, although participation in the activities addressed by this Resolution have not been directly or indirectly required by the City, the City wishes at this time to exercise its managerial and policy making discretion to voluntarily declare these employee voluntary activities to be industrial for the sole purpose of providing Workers’ Compensation Insurance while performing such voluntary activities; and
WHEREAS, the City Council is voluntarily adopting this Resolution in order to promote certain improved training, public safety, physical fitness, team building and other positive benefits, as well as to create clarity for staff as to when certain employee voluntary activities should or should not be covered for purposes of workers’ compensation benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. Those employees who perform voluntary activities without pay in those City Employee Voluntary Activities designated in Exhibit “A” attached hereto and incorporated herein by reference (“Covered Voluntary Activities”) shall be deemed to be performing an industrial activity for the sole purpose of providing workers' compensation coverage to those employees while performing such Covered Voluntary Activities. This Resolution expressly does not: (1) make industrial any voluntary activity which is not expressly included in the Covered Voluntary Activities; (2) make industrial any activity of any City employee who is either a spectator of or otherwise not officially participating in such Covered Voluntary Activities; (3) provide workers’ compensation coverage to any non-employee who is either a spectator of or otherwise participating in any such Covered Voluntary Activities; and (4) increase or expand any other right, benefit, duty or responsibility of City employees or non-employees, as well as their personal representatives, heirs, next-of-kin, agents, successors and assigns. The City shall have the right, in its sole, absolute and unilateral authority, to change the activities included in the Covered Voluntary Activities at any time or from time to time. 2 DEAND\52000.25905\50158233.1
SECTION 2. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and this Resolution shall take effect and be in force on the date of its adoption.
PASSED, APPROVED AND ADOPTED this 6th day of March, 2024.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
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CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 6th day of March, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 6th day of March, 2024.
City Clerk of the City of Corona, California
[SEAL]
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EXHIBIT "A"
CITY EMPLOYEE VOLUNTARY ACTIVITIES
(WC COVERAGE – CITY COUNCIL DISCRETIONARY AUTHORITY)
DEPT ACTIVITY REQUIREMENTS
FD Auto-X Event Only
Officially Registered
FD Pulsepoint Cardiac Arrest Responses Event Only
PD Baker-To-Vegas Team Run Event Only
Officially Registered
PD Compete With A Cop Event Only
PD Horse Mounted Team Event Only
Officially Registered
PD Pulsepoint Cardiac Arrest Responses Event Only
DEFINITIONS
City Employee: City employees include only those FD and PD employees who are paid and authorized by the City to work for the City, as well as those FD volunteers who are covered by Resolution 2023-051 adopted on June 21, 2023 and who participate in Auto-X.
Event Only: The employee is covered only while participating in the actual voluntary event; not during preparation, training or transportation to and from the voluntary event.
Officially Registered: The department shall maintain a written list of voluntary participants which is approved by the Chief, and the employee must be listed prior to the event on such official written list.
NOTES
This City Employee Voluntary Activities list is meant to address those times when City employees who are not “on duty” and thus not being paid are nonetheless covered for workers’ compensation purposes. Such employees are not entitled to any other compensation or benefits while performing such voluntary activities.
Employees will occasionally be “on duty” and thus being provided with their normal compensation and benefits to participate in some of these activities. In such cases, they are of course covered for workers’ compensation purposes as an industrial event to the same extent employees are generally covered.