Re: [802SEC] Indemnification update

["Robert D. Love" <rdlove@nc.rr.com>]

Paul, thanks for the excellent hyperlink.  It would seem that the IEEE policy should reflect this law and include words to the effect that participants will be indemnified if we adhere to the framework as outlined in the excerpt copied below.  In fact, based on this law, the IEEE would have little financial risk using this criteria rather than the one in place, since the federal law will exempt the participants from being sued successfully.  Further, if the IEEE had such a policy, it would let the volunteers know that if someone does sue them, then the IEEE would supply the lawyer to defend them.  That seems like a small risk for the IEEE to assume given the benefit they derive from our activities.

 

 

Excerpt from the web site:

Extent of volunteer liability and covered organizations

Under the statutory provisions, no volunteer of a nonprofit organization or governmental entity can be held liable for harm (which is defined as physical, nonphysical, economic and noneconomic losses) caused by an act or omission of the volunteer of the organization if:

• the volunteer was acting within the scope of the volunteer's duties for the organization at the time of the act or omission;
• the volunteer was properly licensed, certified, or authorized by the appropriate authorities, if such license, certification, or authorization is required, for the activities performed;
• 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;...

Best regards,

 

Robert D. Love
President, LAN Connect Consultants
7105 Leveret Circle     Raleigh, NC 27615
Phone: 919 848-6773       Mobile: 919 810-7816
email: rdlove@ieee.org          Fax: 208 978-1187

----- Original Message -----

From: Paul Nikolich

To: IEEE802

Sent: Friday, December 19, 2003 2:42 PM

Subject: [802SEC] Indemnification update

All,

 

I just spoke with Mary Lynne Nielsen of IEEE-SA staff.  She participated in a meeting with key IEEE management today to discuss the indemnification issue and will be issuing a brief summary of the meeting later today.

 

During our conversation, ML mentioned that there is a federal law, the federal Volunteer Protection Act of 1997, that provides protection to volunteers of nonprofit organizations.  You may want to familiarize yourself with that law (I found it described at http://www.bricker.com/publications/articles/148.asp) as part of your general education on this important issue.

 

Regards,

 

--Paul