RESOLUTION NO. ____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION DEEMING VOLUNTEER UNSALARIED SHERIFF’S RESERVE PILOTS COUNTY EMPLOYEES FOR THE SOLE PURPOSE OF RECEIVING WORKERS’ COMPENSATION BENEFITS

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the Sheriff’s Air Squadron is a group of approximately 65 licensed pilots who are volunteer, unsalaried members of the Sheriff’s reserve who perform important law enforcement related activities, including searching, transportation, photography, and maintenance on the Sheriff’s airplane, and;

WHEREAS, Division 4 of the California Labor Code provides a system of workers’ compensation insurance and benefits for employees, Labor Code §3364, which is part of Division 4, provides that a volunteer, unsalaried member of a Sheriff's reserve in any county who is not deemed an employee of the county under Section 3362.5, shall, upon the adoption of a resolution of the board of supervisors declaring that such a member is deemed an employee of the county for the purposes of this division, shall be entitled to the workers' compensation benefits provided by Division 4 for any injury sustained by him or her while engaged in the performance of any active law enforcement service under the direction and control of the Sheriff;

WHEREAS, the members of the Sheriff’s Air Squadron are not deemed employees of the county under Labor Code § 3362.5 in that they are not “assigned specific police functions” by the Sheriff; and

WHEREAS, because of the nature of the activities performed by the Sheriff’s Air Squadron, its members are not covered by the $25,000 medical benefit insurance policy that covers other county volunteers; and

WHEREAS, this Board of Supervisors has determined that it is in the best interest of the County for the members of the Sheriff’s Air Squadron to be deemed employees of the county for the sole purposes of affording workers compensation coverage for any injury sustained by a member of the Squadron while engaged in the performance of any active law enforcement service under the direction and control of the Sheriff.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the members of the Sheriff’s Air Squadron are hereby deemed employees of the County of San Mateo for the sole purpose of entitlement to the workers' compensation benefits provided by Division 4 of the California Labor Code, for any injury sustained by him or her while engaged in the performance of any active law enforcement service under the direction and control of the Sheriff.

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