What Is the California Non-profit Volunteer Protection Law?
California's equivalent of the Non-profit Volunteer Protection Act (VPA) equivalent is found in Section 5231 of the California Corporations Code. "Three sections of the California Corporations Code, one section of the California Civil Procedure Code, and the federal Volunteer Protection Act of 1997 provide protections against personal liability," according to the Public Counsel website.
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Federal VPA
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The federal VPA was passed, in part, to provide volunteers with greater comprehensive legal immunity coverage to shield them from a growing number of lawsuits--lawsuits that were discouraging volunteer recruitment and participation. If volunteers are discouraged from volunteering, the cost of providing public services would increase. "The Volunteer Protection Act (VPA) provides volunteers of nonprofit organizations immunity from civil lawsuits from someone who believes that they have been hurt by the volunteer," according to Legal Match.
Protected Volunteer Conduct
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Much like the federal VPA, California's statutory provisions protect nonprofit organization boards of directors and executive directors from certain type of liabilities for their actions or unintended negligence, if the activity was in the scope of their responsibility and was not willful or grossly negligent or a result of criminal conduct.
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Volunteer Conduct Not Protected
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If a protected nonprofit volunteer engages in behavior that does not comply with the state nonprofit's organizational purpose or is self-dealing or grossly negligent, he is not immune from liability from lawsuits.
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References
Resources
- Runquist and Associates:Volunteer Protection Act of 1997: An Imperfect Solution:
- Nonprofit Risk Management Center: Professional Liability and Governance Exposures: A Closer Look
- AAFP: Providing Charity Care: A Primer on Liability Risk
- Altru: Be Prepared: Nonprofit Organizations' Legal Risks and Protections
- Volunteer Legal handbook: Tort Liability
