North Huron volunteerism meeting met with confusion, frustration

BY SHAWN LOUGHLIN

Over 30 local volunteers took in an information session on Tuesday afternoon for volunteers in North Huron that left many wondering if the municipality seeking improved communication from its service groups couldn’t have improved its own communication.

 

The process that led to Tuesday’s meeting began with letters dated Nov. 4 and signed by North Huron Chief Administrative Officer Dwayne Evans that invited as many volunteers within North Huron as possible to attend the session, held at the Hot Stove Lounge within the North Huron Wescast Community Complex. 

 

While the letter thanked volunteers for their invaluable commitment to the community and their enthusiasm for their work, it also seemingly asked them to stop any volunteer work until it could be cleared with the township. Certainly that was how it was interpreted by many who were in attendance, who were frustrated, confused and looking for answers.

 

“While we appreciate the goodwill behind these efforts, it is important for the safety of everyone involved that all volunteer activities are organized and properly sanctioned by the township. This ensures that proper supervision, safety protocols and insurance coverage are in place to protect both volunteers and the community,” Evans wrote in his letter, which was sent to all volunteer organizations in North Huron.

 

“We kindly request that you discontinue any unorganized volunteer activities until we can come together and find the best solution. We look forward to working with you as we navigate and develop a solution to provide orientation and scheduling for future volunteering opportunities that are approved and supported by the township.”

 

The session, as written in Evans’ letter, was billed as an “Introductory Session to the Legal Municipal Landscape” and would cover such issues as: when is an individual a volunteer; employer-employee relationship; negligence; township’s duty to volunteers; vicarious liability; risk management and an overview of the township’s health and safety policies and procedures.

 

However, there was no formal presentation aspect to the session, but it did begin with Evans addressing some concerns he had heard from residents in advance of the meeting and further explaining the reasoning behind it and the importance of it.

 

He said that staff is planning on developing a new volunteer policy for the municipality, which is quite common now and helps set municipalities up for success in terms of having the government and staff on the same page as volunteers within the municipality, making sure things are being done properly and safely. This, he said, is essential to shielding the municipality from liability in the event of an injury or any other type of tragedy in which the municipality could be implicated legally.

 

He said the hope is for staff to present a draft volunteer policy to North Huron Council early next year, followed by further information sessions with volunteers to ensure understanding of the policy.

 

Evans was complemented by a lawyer, an insurance broker and council members Paul Heffer, Kevin Falconer and Anita van Hittersum for the presentation. Adam Stephens, the lawyer volunteering his time to offer up advice, spoke to those in attendance about the changing landscape of legal liability, especially when it comes to municipalities, which are disproportionately exposed.

 

The first people to speak after Evans were representatives of the Wingham Lions Club, who were confused as to why they were included in the meeting if they have their own insurance and already co-ordinate volunteer efforts with the municipality. Evans said the club was doing the right things and that nothing would change for them. However, there was confusion about who was a volunteer within the municipality and to what extent having an event on municipal land or using municipal assets opened groups or volunteers up to liability. 

 

Evans said the important thing is that no volunteer is doing anything for which they are unqualified, putting the municipality at risk. He used the example of someone in a horticultural society wanting to cut down some trees using a chainsaw. In order for the municipality to cover itself in terms of legal liability, the municipality needs to know if the person operating the chainsaw has been trained to do so, and, if not, then the municipality can seek to provide that training or offer up an employee who has been trained to do the work. Later, he used another example of someone doing electrical work on a municipal site and the need to keep that person safe and ensure the aren’t electrocuted.

 

The Lions Club representatives were concerned about the aspect of the letter that asked them to discontinue volunteer activities with the club just weeks away from its annual Santa Claus parade. Evans said that event is alright to go ahead, as the club has worked with staff, but members of the club said they felt that is not how the letter is worded. Furthermore, they suggested perhaps a follow-up letter to clear things up because, as it stands now, the last correspondence received from the township asked that club’s discontinue their work, so they need to be advised otherwise.

 

Stephens agreed, saying that the township needs to be able to defend itself in the case of a legal challenge and show that it did everything it could to mitigate liability and make things safe for all involved. If the defence, he said, from a club is that they’ve done something for 50 years and there’s no reason that should change, that won’t hold up in court, which is why a policy and work from the township is necessary to reduce its legal liability. That’s why, he said, it’s important for the municipality to know its volunteers, know what they’re doing and know if they’re qualified to be doing what they’re doing. 

 

Representatives of several groups said they had memorandums of understanding with the township and asked what, if any, jurisdiction they had in terms of what was being discussed at the meeting. Evans said that the township found those agreements to be vague, which is why a policy is being developed. 

 

Now, however, the municipality has to walk a fine line and improve the lines of communication with its service clubs and volunteers to reduce legal liability in the interim until the policy can be developed, adopted and understood by those volunteering throughout the community.

 

Evans said he would consider a follow-up meeting, perhaps at night to accommodate those who work during the day, as well as a follow-up letter that could be clearer on the municipality’s position. In the meantime, staff will review other policies in place in the region and develop its own before presenting it to council next year.