Managing Spontaneous
Volunteers in Times of Disaster:
The Synergy
of Structure
and Good
Intentions
Created and printed with the generous support of The UPS Foundation.
This publication is offered as a basis for developing a national strategy
on working with unaffiliated volunteers and is based on an analysis of
effective practices and models. It is an outgrowth of an earlier publication, Preventing a Disaster Within the Disaster: The Effective Use and
Management of Unaffiliated Volunteers, which outlined the challenges
involved in working with unaffiliated volunteers and offered recommendations on how to develop a national strategy.
>> Quick Reference Guide
The Synergy of Structure and Good Intentions
2
Managing Unaffiliated Volunteers – National Principles
4
Managing Unaffiliated Volunteers – Concepts Of Operation
6
Mitigation
Emergency Management Contact Information
7
Preparedness
State Plan Examples
Volunteer Reception Center “Go Kit”
Preparedness Checklist
Communication Tools
8
8
9
10
11
Response
Volunteer Contact Information
12
13
Recovery
14
National VOAD Volunteer Management Committee Members
16
Glossary of Terms
17
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
1
Managing Spontaneous Volunteers in Times of Disaster:
>> The Synergy of Structure and Good Intentions
When disaster – natural or man-made – strikes a community, specific emergency
management and nonprofit organizations automatically respond according to a pre-established plan. Each of these designated organizations has a specific role to play in ensuring an
effective response to and recovery from the disaster’s devastation. Yet one element within the
present system continues to pose a challenge: spontaneous, unaffiliated volunteers.
Spontaneous, unaffiliated volunteers – our neighbors and ordinary citizens – often arrive
on-site at a disaster ready to help. Yet because they are not associated with any part of
the existing emergency management response system, their offers of help are often
underutilized and even problematic to professional responders. The paradox is clear:
people’s willingness to volunteer versus the system’s capacity to utilize them effectively.
The events of September 11 dramatically illustrated the need for better planning in this
arena, and the issue of unaffiliated volunteers began receiving increased attention. In
April 2002, UPS, the Points of Light Foundation & Volunteer Center National Network,
and FEMA (Federal Emergency Management Agency) convened a National Leadership
Forum on Disaster Volunteerism. The Forum brought together leadership and operations
experts from the volunteer and emergency management communities, Volunteer Centers,
firefighters, local government emergency management staff, and those with years of
hands-on experience. Participants representing over 45 organizations identified challenges and opportunities associated with disaster volunteering; developed preliminary
recommendations and action steps for addressing the challenges of spontaneous volunteers; and secured commitment from participating organizations to work toward the
recommendations proposed.
The Forum’s initial work and findings were important first steps. Quite evident, however,
was the need for additional tools, training
and resources to implement recommendations at the local level. In the spring of
2003, the National Voluntary
Organizations Active in Disaster (NVOAD)
coalition established a Volunteer
Management Committee to continue this
work. The committee consists of representatives with hands-on experience in
emergency management and volunteer
management. Members were chosen for
their broad expertise as well as their ability to secure a commitment of resources
by their organizations towards implementing the recommendations. The committee
is staffed by the Points of Light
Foundation and funded by a grant from
The UPS Foundation.
2
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
The committee began the arduous task of compiling effective practices and models for
emergency management planning and implementation in the area of unaffiliated volunteers. Modeled after the successful National Donations Management Strategy, the
committee has developed draft unifying Principles on the Management of Unaffiliated
Volunteers and a companion Concepts of Operation. These documents are intended to
serve as a basis for a national strategy that fundamentally recognizes the extraordinary
resource volunteers can be in an emergency management system structured to integrate
and fully utilize their contributions.
Given the limited resources available at the federal, state, and local levels, the successful
integration of citizen involvement in an emergency management setting is imperative to
prepare for, respond to, recover from, and mitigate the effects of disasters in our communities. Success, however, will require new levels of cooperation and commitment to
partnership among the voluntary sector, professional first-responders, and all levels of
government. While this may be a challenging goal, the priority and long-term value of
this work cannot be denied.
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
3
Managing Unaffiliated Volunteers
>> National Principles
The management of unaffiliated, often spontaneous, volunteers in times of emergency is
guided by the following principles and values:
1. Volunteering and Community Life
Volunteering is a valuable part of every healthy community. Volunteers come from all
segments of society and often provide essential services. Everyone has the potential to
contribute strength and resources in times of emergency.
2. The Value of Affiliation
Ideally, all volunteers should be affiliated with an established organization and trained for
specific disaster response activities. However, the spontaneous nature of individual volunteering is inevitable; therefore it must be anticipated, planned for, and managed.
3. Volunteer Involvement in the Four Phases
There are valuable and appropriate roles for unaffiliated spontaneous volunteers in mitigation, preparedness, response, and recovery – as well as in other areas of community
need. The response phase provides an opportunity to direct volunteers toward longer-term
affiliation and community involvement.
4. Management Systems
Volunteers are a valuable resource when they are trained, assigned, and supervised within
established emergency management systems. Similar to donations management, an
essential element of every emergency management plan is the clear designation of
responsibility for the on-site coordination of unaffiliated volunteers. The Volunteer
Coordination Team (VCT) is the mechanism for ensuring the effective utilization of this
human resource.
5. Shared Responsibility
The mobilization, management, and support of volunteers is primarily a responsibility of
local government and nonprofit sector agencies, with support from the state level.
Specialized planning, information sharing, and a management structure are necessary to
coordinate efforts and maximize the benefits of volunteer involvement.
6. Volunteer Expectations
Volunteers are successful participants in emergency management systems when they are
flexible, self-sufficient, aware of risks, and willing to be coordinated by local emergency
management experts. Volunteers must accept the obligation to “do no harm.”
7. The Impact on Volunteers
The priority of volunteer activity is assistance to others. When this spontaneous activity is
well managed, it also positively affects the volunteers themselves and thus contributes to
the healing process of both individuals and the larger community.
4
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
8. Build on Existing Capacity
All communities include individuals and organizations that know how to mobilize and
involve volunteers effectively. Emergency management experts and VOAD partners are
encouraged to identify and utilize all existing capacity for integrating unaffiliated volunteers.
9. Information Management
Clear, consistent, and timely communication is essential to successful management of
unaffiliated volunteers. A variety of opportunities and messages should be utilized in
order to educate the public, minimize confusion, and clarify expectations.
10. Consistent Terminology
When referring to volunteer involvement in emergency management, it is helpful to use
consistent terminology. The following terms and definitions are recommended:
Affiliated volunteers are attached to a recognized voluntary or nonprofit organization
and are trained for specific disaster response activities. Their relationship with the
organization precedes the immediate disaster, and they are invited by that organization to become involved in a particular aspect of emergency management.
Unaffiliated volunteers are not part of a recognized voluntary agency and often have
no formal training in emergency response. They are not officially invited to become
involved but are motivated by a sudden desire to help others in times of trouble.
They come with a variety of skills. They may come from within the affected area or
from outside the area. (Also known as: “convergent,” “emergent,” “walk-in,” or
“spontaneous.”)
NOTE: These principles are valid and applicable for volunteers deployed both within the
United States and internationally.
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
5
Managing Unaffiliated Volunteers
>> Concepts of Operation
The Volunteer Management Committee of the National Voluntary Organizations Active in
Disaster (NVOAD) developed these concepts of operation to serve as guidance in planning
for and managing unaffiliated volunteers during all phases of emergency management.
The intent is to provide recommendations on structure and process based on best practices in the field, while at the same time allowing flexibility for adaptation to specific
local communities and various types of disasters. These recommendations are offered as
a framework upon which to build local emergency management strategies related to unaffiliated volunteers. This booklet is meant to be user-friendly. Helpful checklists are
included for the use of readers.
>> Voluntary Organization Information
Use the following Web sites to find local voluntary organization information
6
■
Citizen Corps Councils — www.citizencorps.gov/councils/
■
Local VOAD listing —
■
Volunteer Centers — www.pointsoflight.org/centers/find_center.cfm
www.nvoad.org/membersdb.php?members=State
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
>> Mitigation
■
Identify existing local volunteer coordination processes and protocols.
■
Determine priority needs and roles prior to an event through outreach to organizations
that can utilize unaffiliated volunteers. Identify potential volunteer opportunities to
expedite community involvement following a disaster.
■
Review local and state hazard analysis and collect community demographic information
for implications regarding the management of unaffiliated volunteers.
■
Develop relationships with local, state, and national Voluntary Organizations Active
in Disaster (VOAD) member agencies and/or with groups with regional or national
capabilities to manage unaffiliated volunteers during disaster operations.
■
Emphasize the importance of collaboration in pre-disaster planning. Encourage
involvement with existing community coalitions such as Community Organizations
Active in Disaster (COADs) and Citizen Corps Councils.
■
Research existing volunteer liability issues and laws that affect unaffiliated volunteer
utilization. Encourage agencies and organizations that will receive unaffiliated
volunteers to clarify their limits of liability protection.
■
Develop media and public education campaigns that encourage people to undertake
pre-involvement and affiliation with existing voluntary organizations.
Develop standardized public education and media messages to use before, during,
and after disaster events.
Stress the need to avoid a “disaster within the disaster” with regard to the involvement
of unaffiliated volunteers.
Establish relationships with ethnically diverse media outlets and community leaders to
ensure messages are designed to reach all segments of the community.
■
Utilize Citizen Corps efforts, where appropriate, to create optimum conditions
for volunteer involvement.
■
Utilize resources that support volunteering such as State Service Commissions, state
Associations of Volunteer Centers, networks of volunteer administrators, and Voluntary
Organizations Active in Disaster (VOAD) member agencies to create awareness and
recognition of the role of volunteers in homeland security and emergency management.
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
7
>> Preparedness
■
Write a plan for the function of Unaffiliated Volunteer
Management and include it in the local or state
emergency operations plan as an Appendix.
■
Form a Volunteer Coordination Team (VCT) to include
representatives from the lead organization for the function
of Unaffiliated Volunteer Management. (The VCT can be integrated into an EOC
organizational structure, and, if possible, include the VCT component in local ICS
planning and preparedness). Representatives from other partner and stakeholder
organizations — such as emergency management, Community Emergency Response
Teams (CERT), Retired Senior Volunteer (RSVP), AmeriCorps/VISTA programs,
local churches, and civic organizations — should also be included.
■
Ensure the VCT is a component of the COAD, Citizen Corps Council, local VOAD, or
other disaster collaborations.
■
Identify and train a state-level lead for unaffiliated volunteer management utilizing
existing sources of expertise such as the State Office of Volunteerism, the Corporation
for National & Community Service (CNCS), and the state Association of Volunteer
Centers. These state-level resources should support community coordination efforts
and be prepared to support a local unaffiliated volunteer management function in a
time of disaster.
■
Encourage formation of disaster coalitions such as Citizen Corps Councils, COADs, or
local VOADs to promote interagency coordination, communication, collaboration, and
cooperation.
■
Develop relationships and exchange information among first responders, emergency
management personnel, and voluntary organization staff.
■
Identify all potential partners and build cooperative relationships with organizations such as:
Universities
Civic Associations
Voluntary Agencies
Youth Groups
Foundations
Senior Programs
Schools
Faith-based Organizations
National Service Programs
Ethnic Associations
Corporations/Businesses
Hospitals
Neighborhood Groups
Special Needs Groups
Professionals in Volunteer
Coordination
>> State Plan Examples
To view examples of state plans that include Unaffiliated Volunteer Management, visit
www.nemaweb.org/donations_management/index.html.
8
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
■
Build a Volunteer Reception Center “Go Kit.”
>> Volunteer Reception Center “Go Kit”
“Go Kits” include office supplies, forms, lists, maps, special equipment, etc. Every
“Go Kit” should include processes, tools, and forms that support the following functions:
■
Registration / Orientation
■
Interviews
■
Data Entry and Coordination
■
■
■
■
Job Training (this may be done at the
VRC, or by the end-user organization)
■
Phone Bank
Volunteer Identification (issued
on behalf of receiving agency,
if appropriate)
■
Facilities Management (supply area,
break areas, waiting room)
■
Logistics/Supplies
Safety Training
■
Public Information
■
Runners
Prepare to establish a Volunteer Reception Center (VRC) where large numbers of
volunteers can be efficiently processed and referred to organizations who are in
need of services.
Designate an entity (for example, a local Volunteer Center or team of experienced
volunteer resource managers) to manage VRC activities.
Identify potential sites for the VRC and develop contingency plans in the event that
pre-identified sites are unavailable. Some considerations in selecting a site include:
the provision of adequate space for all VRC functions, availability of parking, accessibility,
and proximity to the affected area. Determine what organization is responsible for obtaining
the site and paying incurred costs (such as rent, maintenance, damages, and utilities)
following a disaster.
Develop forms and key documents for the VRC such as:
Volunteer Instructions
Work Site Sign-in/Sign-out Record
Disaster Volunteer Registration Form
with Release of Liability
VRC Volunteer Sign-in/Sign-out
Safety Orientation Checklist
Coordinating Agency Employee
Sign-in/Sign-out
Disaster Volunteer Referral
Expenses Incurred by Coordinating Agency
Role Descriptions
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
9
>> Preparedness (continued)
Develop streamlined registration, screening, and interviewing procedures for unaffiliated
volunteers that include:
Database that catalogs needed skills
Information about individual volunteers
(for example: skills, interests, availability,
geographic location)
Contact information for voluntary
organizations
Approximate number of volunteers
needed to perform tasks
Compatibility of relevant computer
systems
Back-up plan for power failures
and portability
Tasks, roles, and time commitment
requirements for individuals and
groups of volunteers
Train paid staff and key volunteers to set up the VRC.
Develop procedures for documenting pertinent activities, training, expenses, volunteer hours,
dollar value of donated time, skills, and success stories.
Establish agreements with local or state emergency management agencies regarding expense
reimbursement and required documentation.
Develop methods to evaluate volunteers’ experience — both process and outcome — from
organizations that utilized referred volunteers, emergency management staff, and from
volunteers themselves.
>> Preparedness Checklist
■
Write a Plan
■
Form Volunteer Coordination Team
■
Ensure VCT Is Component of Disaster
Collaborations
■
Identify and Train State-Level Lead
■
Build a Volunteer Reception Center
“Go Kit”
■
Designate Entity to Manage Groups
of Unaffiliated Volunteers
■
Review Insurance Policies
■
Develop Communication Tools
■
Conduct Trainings and Exercises
Build Capacity of Volunteer
Organizations
■
Develop Relationships/Exchange
Information
■
■
Identify Potential Partners
■
Develop Mutual Aid Systems
Prepare to Establish a Volunteer
Reception Center
■
Develop “Shut Down” Plan
■
10
Encourage Formation of Disaster
Coalitions
■
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
>> Communications Tools
Consider keeping on hand templates of the following communication tools:
■
■
Pre-scripted News Releases
(that provide information regarding
volunteer opportunities, needed
skills, and how to volunteer)
Affiliation Information (for individuals
on how and where to affiliate)
■
Website, List-serves, Toll-free Hotlines
■
Media Outreach Strategy (that targets
all segments of the community,
including culturally and linguistically
diverse populations)
■
Designate an entity to manage groups of unaffiliated volunteers in coordination with
the VRC. Develop a process for registering and deploying these groups with appropriate
attention paid to their leadership structure, support needs, availability, transportation,
etc.
■
Review applicable liability and insurance policies and determine liability authority
re g a rding the engagement of volunteers. Ensure that organizations accepting re f e rred
volunteers are aware of applicable state liability laws and insurance issues.
■
Develop a variety of communication tools (see table above).
■
Conduct training and exercises for managing unaffiliated volunteers. Work with community partners and emergency management agencies to expand community exercises to
include managers of unaffiliated volunteers.
■
Build the capacity of voluntary organizations to absorb and successfully integrate unaff i liated volunteers. Develop tools and strategies for creating alternative roles and management stru c t u res appropriate for emerg e n c y, and short - t e rm implementation.
■
Develop mutual aid systems (like the Emergency Management Assistance Compact)
and/or regional support for a VRC and the management of unaffiliated volunteers.
Communities and/or states should consider incorporating VRCs and the function of
U n a ffiliated Volunteer Management re s o u rces into deployable teams in order to assist
jurisdictions in need and to develop capacity and experience.
■
Develop a “shut down” or demobilization plan for how the VRC will be phased out when
it is no longer needed.
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
11
>> Response
■
Implement the Unaffiliated Volunteer Management Plan.
■
Activate the Volunteer Coordination Team (VCT). Use pre-identified and trained staff to
fill key roles. The VCT will function within the Emergency Operations Center (EOC) as
the primary coordination cell for unaffiliated volunteers.
■
Activate the Volunteer Reception Center (VRC) to serve as the coordination point for
unaffiliated volunteers, develop partnerships with community and responding agencies,
identify volunteer opportunities, and fill staffing needs. Operational considerations
include the following steps:
Implement a plan to register and place
unaffiliated volunteers.
Implement a process to determine volunteers’ skills,
interests, and ability to do the assigned work.
Identify organizations’ needs and volunteer
opportunities. Develop or identify opportunities
for volunteer groups as well as individuals. As
needed, do targeted recruiting of volunteers to
fill positions.
Refer unaffiliated volunteers to appropriate
response agencies after initial screening.
Ensure that receiving organizations are aware of
their responsibility for any additional credentialing
or identification procedures.
■
Provide information on available medical and
mental health services to ensure the well-being of
all workers.
Provide security within the VRC and other
facilities where volunteer management is
taking place.
Provide a hazard-free work environment.
Evaluate process and outcomes by all
stakeholders (VCT members, emergency
management agencies, recipient agencies,
and unaffiliated volunteers).
Recognize the efforts of individual volunteers and
the community.
Address communication needs:
Coordinate with the Public Information Officer
at the Emergency Operation Center (EOC).
Utilize pre-developed public messages about
how and where to volunteer. Let all segments of
the community know what resources are needed
during the response and recovery phases of the
disaster.
Use a flexible outreach strategy to maximize
media and public interest generated by the disaster.
Implement the pre-developed media plan.
Ensure that messages to the media and public are
standardized and consistent.
Provide ongoing contact with each volunteer
after they have completed their service if they
remain unaffiliated. Provide information on other
opportunities, organizations, and the benefits of
affiliating before a disaster.
Activate a dedicated toll-free number, or use
other community resources such as 2-1-1.
Ensure that all stakeholders (such as voluntary
organizations, community-based groups, and government) have access to current information on
volunteer recruitment and opportunities. Utilize
available technologies, such as Web sites and
listservs.
Ensure that receiving organizations are aware
of their responsibility for any additional credentialing or identification procedures.
12
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
>> Volunteer Contact Informatiom
When collecting information on volunteers, consider tracking the following types of data:
■
Name
■
Address
■
Phone/Fax/E-Mail
■
Availability
■
Skills (languages, communications,
computer, counseling, heavy
equipment operator, medical, etc.)
■
Previous Emergency Training/Certification
■
Task Preferences (willing to provide
animal care, animal rescue, child
care, clean-up, damage assessment,
data entry, driving, etc.)
■
Geographic Area Preferences
■
Phase of Emergency (skills and
interests are most suited to use in
mitigation/preparedness/response/recovery)
■
If necessary, activate state or regional mutual aid agreements to support the Volunteer
Coordination Team (VCT) or the Volunteer Reception Center (VRC).
■
Maintain a database of volunteers with special skills for use during the recovery
phase. The VCT should promote close coordination with long-term recovery groups
to identify new or ongoing opportunities. Ensure the continuity of service to stakeholders and volunteers as the transition from response to recovery is completed.
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
13
>> Recovery
■
Strengthen and maintain the long-term activation of the Volunteer Coordination
Team (VCT) in support of the recovery operation. Provide for the continuation of
services offered to stakeholders and unaffiliated volunteers during the response
phase. Tasks of the VCT during recovery may include:
Activate a broad-based volunteer referral
system that includes organizations involved
in recovery and those with which volunteers
can affiliate.
Coordinate with agencies to update, develop,
and share hard copy and web-based portfolios of prospective volunteer roles and skills
needed for recovery.
14
Provide support to long-term recovery organizations by leveraging volunteers from
response to the recovery phase, as appropriate. As needed, develop volunteer roles and
encourage participation in mitigation and
preparedness activities.
Identify roles for groups of volunteers, not
just individuals.
■
Review applicable liability and insurance policies, and determine liability authority,
regarding the engagement of volunteers. Ensure organizations accepting referred
volunteers are aware of applicable state liability laws and insurance issues.
■
Provide stakeholders with database access, screening, and other ongoing support.
■
Ensure the availability of services for volunteers, including counseling, operational
debriefing, health screening, or mental health.
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
■
Share resources and pertinent information with agencies utilizing unaffiliated
volunteers. Examples of helpful information are:
Psychology of volunteerism
Reasons to affiliate
Template for messages
Motivation techniques
■
Coordinate and liaise with various groups, organizations, and government programs to
secure funds, grants, and other resources. In addition to accessing traditional voluntary
organizations as resources, VCT members might acquire resources through the
Corporation for National and Community Service, Citizen Corps, The U.S. Department
of Labor National Emergency Grants (NEG), Workforce Development, and the Hazard
Mitigation Grant Program. One example of utilizing the resources of nontraditional
voluntary organizations might be hiring volunteer coordination specialists for long-term
recovery using Department of Labor emergency grants.
■
Capture and document important facts, such as the dollar value of unaffiliated
volunteers, success stories, and special activities. Utilize photographs, print and video
stories from the media, and feedback from organizations.
■
Collect information from volunteers about
their experience. Use this input for
evaluation and future planning.
■
Recognize and thank volunteers for their
service to the community.
■
Follow-up with volunteers to promote
long-term retention. Encourage affiliation
with organizations that provide opportunities
matching volunteers’ skills and interests.
■
Evaluate important functions such as the
engagement of volunteers, execution of
tasks, and committee functionality. Ensure
that recommendations and revisions are
made to the Unaffiliated Volunteer
Management Plan.
■
Demobilize the Unaffiliated Volunteer
Management function when conditions
warrant.
15
These Principles and Concepts were developed by the Volunteer Management
Committee of National Voluntary Organizations Active in Disaster (NVOAD). They serve
as the philosophical framework for the effective management of unaffiliated volunteers
during all phases of emergency management. For further information, please contact:
DisasterVolunteering@PointsofLight.org
National VOAD Volunteer Management Committee Members
Katie Campbell
Chair
Association for Volunteer
Administration (AVA) Representative
Alex Amparo
Volunteer Florida
Bill Malfara
American Red Cross
National Headquarters
Bruce Bailey
Safety Service Corps
Americorps State Program
Karen Marsh
Office of Citizen Corps
Department of Homeland Security
Suzanne Brooks
Center for International
Disaster Information
Ande Miller
National Voluntary Organizations
Active in Disaster
Ben Curran
Recovery Division
Department of Homeland Security
Ollie Davidson
Private Public Partnerships for
Disaster Reduction
Counterpart International/Humane
Society of the US
John Gavin
Organizational Development Consultant
Dante Gliniecki,
State of Missouri
State Emergency Management Agency
Kathleen Henning (Kathee), CEM
International Association for Emergency
Management (IAEM) Representative
16
Susan Jensen
Voluntary Agency Liaison
FEMA Region V
Cee Cee Molineaux
Corporation for National and
Community Service
Dee Shukert
Divisional Disaster Services
Salvation Army
Faye Stone
North Carolina Commission on
Volunteerism and Community Service
Cheryl Tyiska
National Organization for Victim
Assistance
Kristin Buckley
Points of Light Foundation
Miriam Parel
Points of Light Foundation
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
Managing Spontaneous Volunteers in Times of Disaster:
The Synergy of Structure and Good Intentions
>> Glossary
CERT:
Community Emergency Response Teams
CNCS:
Corporation for National Community Service
COAD:
Community Organizations Active in Disaster
EOC:
Emergency Operations Center
FEMA:
Federal Emergency Management Agency
ICS:
Incident Command System
NEG:
National Emergency Grants
NVOAD: National Voluntary Organizations Active in Disaster
RSVP:
Retired Senior Volunteer Program
VCT:
Volunteer Coordination Team
VOAD:
Voluntary Organizations Active in Disaster
VRC:
Volunteer Reception Center
MANAGING SPONTANEOUS VOLUNTEERS IN TIMES OF DISASTER: THE SYNERGY OF STRUCTURE AND GOOD INTENTIONS
17
Points of Light Foundation &
Volunteer Center National Network
1400 I Street, NW, Suite 800
Washington, DC 20005
www.PointsofLight.org/Disaster
PUBLIC LAW 105–19—JUNE 18, 1997
VOLUNTEER PROTECTION ACT OF 1997
111 STAT. 218
PUBLIC LAW 105–19—JUNE 18, 1997
Public Law 105–19
105th Congress
An Act
June 18, 1997
[S. 543]
Volunteer
Protection Act of
1997.
42 USC 14501
note.
42 USC 14501.
To provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Volunteer Protection Act of
1997’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds and declares that—
(1) the willingness of volunteers to offer their services
is deterred by the potential for liability actions against them;
(2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other
civic programs, have been adversely affected by the withdrawal
of volunteers from boards of directors and service in other
capacities;
(3) the contribution of these programs to their communities
is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating;
(4) because Federal funds are expended on useful and
cost-effective social service programs, many of which are
national in scope, depend heavily on volunteer participation,
and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and
limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate
subject for Federal legislation;
(5) services and goods provided by volunteers and nonprofit
organizations would often otherwise be provided by private
entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation
costs, volunteers and nonprofit organizations face higher costs
in purchasing insurance, through interstate insurance markets,
to cover their activities; and
(7) clarifying and limiting the liability risk assumed by
volunteers is an appropriate subject for Federal legislation
because—
(A) of the national scope of the problems created by
the legitimate fears of volunteers about frivolous, arbitrary,
or capricious lawsuits;
PUBLIC LAW 105–19—JUNE 18, 1997
111 STAT. 219
(B) the citizens of the United States depend on, and
the Federal Government expends funds on, and provides
tax exemptions and other consideration to, numerous social
programs that depend on the services of volunteers;
(C) it is in the interest of the Federal Government
to encourage the continued operation of volunteer service
organizations and contributions of volunteers because the
Federal Government lacks the capacity to carry out all
of the services provided by such organizations and volunteers; and
(D)(i) liability reform for volunteers, will promote the
free flow of goods and services, lessen burdens on interstate
commerce and uphold constitutionally protected due process rights; and
(ii) therefore, liability reform is an appropriate use
of the powers contained in article 1, section 8, clause 3
of the United States Constitution, and the fourteenth
amendment to the United States Constitution.
(b) PURPOSE.—The purpose of this Act is to promote the
interests of social service program beneficiaries and taxpayers and
to sustain the availability of programs, nonprofit organizations,
and governmental entities that depend on volunteer contributions
by reforming the laws to provide certain protections from liability
abuses related to volunteers serving nonprofit organizations and
governmental entities.
SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
42 USC 14502.
(a) PREEMPTION.—This Act preempts the laws of any State
to the extent that such laws are inconsistent with this Act, except
that this Act shall not preempt any State law that provides additional protection from liability relating to volunteers or to any
category of volunteers in the performance of services for a nonprofit
organization or governmental entity.
(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This
Act shall not apply to any civil action in a State court against
a volunteer in which all parties are citizens of the State if such
State enacts a statute in accordance with State requirements for
enacting legislation—
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act shall
not apply, as of a date certain, to such civil action in the
State; and
(3) containing no other provisions.
SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.
(a) LIABILITY PROTECTION FOR VOLUNTEERS.—Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by
an act or omission of the volunteer on behalf of the organization
or entity if—
(1) the volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly
licensed, certified, or authorized by the appropriate authorities
for the activities or practice in the State in which the harm
occurred, where the activities were or practice was undertaken
42 USC 14503.
111 STAT. 220
PUBLIC LAW 105–19—JUNE 18, 1997
within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity;
(3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed by the volunteer; and
(4) the harm was not caused by the volunteer operating
a motor vehicle, vessel, aircraft, or other vehicle for which
the State requires the operator or the owner of the vehicle,
craft, or vessel to—
(A) possess an operator’s license; or
(B) maintain insurance.
(b) CONCERNING RESPONSIBILITY OF VOLUNTEERS TO ORGANIZATIONS AND ENTITIES.—Nothing in this section shall be construed
to affect any civil action brought by any nonprofit organization
or any governmental entity against any volunteer of such organization or entity.
(c) NO EFFECT ON LIABILITY OF ORGANIZATION OR ENTITY.—
Nothing in this section shall be construed to affect the liability
of any nonprofit organization or governmental entity with respect
to harm caused to any person.
(d) EXCEPTIONS TO VOLUNTEER LIABILITY PROTECTION.—If the
laws of a State limit volunteer liability subject to one or more
of the following conditions, such conditions shall not be construed
as inconsistent with this section:
(1) A State law that requires a nonprofit organization or
governmental entity to adhere to risk management procedures,
including mandatory training of volunteers.
(2) A State law that makes the organization or entity
liable for the acts or omissions of its volunteers to the same
extent as an employer is liable for the acts or omissions of
its employees.
(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State
or local government pursuant to State or local law.
(4) A State law that makes a limitation of liability
applicable only if the nonprofit organization or governmental
entity provides a financially secure source of recovery for
individuals who suffer harm as a result of actions taken by
a volunteer on behalf of the organization or entity. A financially
secure source of recovery may be an insurance policy within
specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able
to pay for losses up to a specified amount. Separate standards
for different types of liability exposure may be specified.
(e) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS
OF VOLUNTEERS.—
(1) GENERAL RULE.—Punitive damages may not be awarded
against a volunteer in an action brought for harm based on
the action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and
convincing evidence that the harm was proximately caused
by an action of such volunteer which constitutes willful or
criminal misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
PUBLIC LAW 105–19—JUNE 18, 1997
111 STAT. 221
(2) CONSTRUCTION.—Paragraph (1) does not create a cause
of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
(f) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
(1) IN GENERAL.—The limitations on the liability of a volunteer under this Act shall not apply to any misconduct that—
(A) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or
act of international terrorism (as that term is defined in
section 2331 of title 18) for which the defendant has been
convicted in any court;
(B) constitutes a hate crime (as that term is used
in the Hate Crime Statistics Act (28 U.S.C. 534 note));
(C) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted
in any court;
(D) involves misconduct for which the defendant has
been found to have violated a Federal or State civil rights
law; or
(E) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.
(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to effect subsection (a)(3) or (e).
SEC. 5. LIABILITY FOR NONECONOMIC LOSS.
42 USC 14504.
(a) GENERAL RULE.—In any civil action against a volunteer,
based on an action of a volunteer acting within the scope of the
volunteer’s responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss
shall be determined in accordance with subsection (b).
(b) AMOUNT OF LIABILITY.—
(1) IN GENERAL.—Each defendant who is a volunteer, shall
be liable only for the amount of noneconomic loss allocated
to that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance with
paragraph (2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render a separate
judgment against each defendant in an amount determined
pursuant to the preceding sentence.
(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of determining the amount of noneconomic loss allocated to a defendant
who is a volunteer under this section, the trier of fact shall
determine the percentage of responsibility of that defendant
for the claimant’s harm.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) ECONOMIC LOSS.—The term ‘‘economic loss’’ means any
pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense
loss, replacement services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to the extent
recovery for such loss is allowed under applicable State law.
(2) HARM.—The term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses.
42 USC 14505.
111 STAT. 222
PUBLIC LAW 105–19—JUNE 18, 1997
(3) NONECONOMIC LOSSES.—The term ‘‘noneconomic losses’’
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service),
hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.
(4) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit
organization’’ means—
(A) any organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code and which
does not practice any action which constitutes a hate crime
referred to in subsection (b)(1) of the first section of the
Hate Crime Statistics Act (28 U.S.C. 534 note); or
(B) any not-for-profit organization which is organized
and conducted for public benefit and operated primarily
for charitable, civic, educational, religious, welfare, or
health purposes and which does not practice any action
which constitutes a hate crime referred to in subsection
(b)(1) of the first section of the Hate Crime Statistics Act
(28 U.S.C. 534 note).
(5) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the United
States, or any political subdivision of any such State, territory,
or possession.
(6) VOLUNTEER.—The term ‘‘volunteer’’ means an individual
performing services for a nonprofit organization or a governmental entity who does not receive—
(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or
(B) any other thing of value in lieu of compensation,
in excess of $500 per year, and such term includes a volunteer
serving as a director, officer, trustee, or direct service volunteer.
PUBLIC LAW 105–19—JUNE 18, 1997
111 STAT. 223
SEC. 7. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect 90 days after the
date of enactment of this Act.
(b) APPLICATION.—This Act applies to any claim for harm
caused by an act or omission of a volunteer where that claim
is filed on or after the effective date of this Act but only if the
harm that is the subject of the claim or the conduct that caused
such harm occurred after such effective date.
Approved June 18, 1997.
LEGISLATIVE HISTORY—S. 543 (H.R. 911):
HOUSE REPORTS: No. 105–101, Pt. 1 (Comm. on the Judiciary) accompanying
H.R. 911.
CONGRESSIONAL RECORD, Vol. 143 (1997):
May 1, considered and passed Senate.
May 21, considered and passed House, amended, in lieu of H.R. 911. Senate
concurred in House amendment.
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