INST.
120.1
VOLUNTEER’S
RELEASE COMMENT
It is recommended that all
individuals serving in a volunteer capacity for a governmental entity sign a
general release of liability. The
release form not only serves to release the entity from injury or damages
suffered by the volunteer, but also clarifies that the volunteer is not an
employee of the entity and therefore not eligible for the payment of wages or
benefits. Please note that if any
current entity employees desire to volunteer their services to the entity for a
program or event, legal counsel for the entity must review the arrangement to
ensure that the entity will not be responsible to pay additional wages or
overtime under the Fair Labor Standards Act (28 U.S.C. Section 201 et seq.) for
the employee’s participation. A
governmental entity must bear in mind that it remains responsible for a
volunteer’s actions and conduct towards third parties under the Idaho Tort
Claims Act (Idaho Code Section 6-901 et seq.).