14 How May My Charity Use Volunteers?
Craig had done fine with his charitable organization’s volunteers initially, when the organization had only a few volunteers whom Craig knew well and deeply valued and trusted. But as the organization grew, he found that he was orienting and supervising volunteers whom he barely knew. He was also beginning to deal with volunteer issues he hadn’t anticipated and didn’t necessarily know what to do. It began to dawn on Craig that he needed to research and adopt volunteer policies rather than dealing with everything on a case-by-case basis.
Identification
Charitable organizations should understand what a volunteer is and clearly distinguish volunteers from paid employees, board members, suppliers, donors, and other roles connected with the organization. An individual may have more than one role, such as both a donor and volunteer. But even then, the organization needs to clearly distinguish when the individual is serving in which role. An organization’s responsibilities to a volunteer and for a volunteer’s selection, training, and supervision differ from the organization’s responsibilities toward other roles. Identify volunteers clearly, and treat them accordingly.
Definition
A volunteer is generally an individual who wishes to help the organization carry out its charitable purpose, in an uncompensated capacity, under the organization’s direction, but at the individual’s convenience and choice. Yes, volunteers should do as the organization requires of them in their volunteer roles. But no, the organization does not compel or compensate volunteers to perform. Volunteers serve instead out of their own desires and willingness. A lack of compulsion or other obligation, together with an absence of compensation, mark the volunteer role.
Changes
Individuals can and often do move into and out of volunteer roles and other roles with a charitable organization. Volunteers can, for instance, become employees, and employees can become volunteers. But the line of demarcation should be absolutely clear to both the organization and the individual, both sides should be in complete agreement about the change, and both sides should know that the relationship changes fundamentally with the change in roles. Charitable organizations must be cautious of letting the line between paid staff and uncompensated volunteers blur. Minimum wage laws apply to individuals whom state authorities construe to be employees rather than volunteers. If one of the individuals helping your organization becomes disaffected and goes to state wage-and-hours officials with proof that the individual was an employee rather than a volunteer, your organization could owe substantial back pay and penalties.
Compensation
Ensure that volunteers remain volunteers and understand that they are volunteers, and that no confusion arises that they might be employees and due compensation. Your organization can do so by adopting and publicizing a volunteer policy and requesting volunteers to sign an acknowledgment of that policy. See the example volunteer policy at the end of this guide. As the example policy recites, the rewards of volunteering are not in any anticipated compensation but in the satisfaction of generous service and in the relationships, responsibilities, activities, learning, and growth that volunteers can enjoy. Your organization can make volunteers feel appreciated without suggesting that the organization will compensate them financially.
Service
Volunteers differ from community-service workers whom a local court or other authority requires to complete service hours, as a condition of sentence or probation, or to avoid other penalties. Your organization may, with the cooperation of those local authorities, make use of community service workers. Contact local authorities to determine whether your organization qualifies. Community-service workers can provide valuable services and be significant contributors to a charitable community, while drawing importantly from the charity for their own supervised-work needs. If your organization accepts the services of community-service workers, then great. But don’t treat them the same as volunteers or as employees. Instead, comply with their program requirements, working closely with their supervising official. Respect and value them, but recognize that they’re there for a different essential purpose.
Interns
Volunteers also differ from interns. An intern is a student enrolled in an academic program, receiving academic credit relating to the charitable organization work the intern performs. Academic programs differ on whether interns may or must receive compensation. State or federal labor and wage-and-hours officials, though, have their own laws, rules, and regulations on compensating interns. Generally, organizations must not use uncompensated intern labor to replace labor ordinarily done by compensated employees. Thus, do not displace or avoid retaining paid employees, by using uncompensated intern labor. Instead, use interns to shadow paid employees and do other additional, creative, experimental, or practice activities your organization would not pay an employee to perform. Or compensate the intern, if the intern’s academic program permits.
Recruiting
Volunteer recruiting can be a critical function for many charitable organizations, specifically those depending on volunteers to carry out their charitable programs and accomplish their charitable purpose. Volunteer turnover is natural and can be healthy for a charitable organization, refreshing its energies and expanding its donor and network base. Even dedicated volunteers age out and move on, called to other opportunities and duties. Prepare your organization for frequent or continual volunteer recruiting. Make volunteer opportunities evident on your organization’s website and in newsletters and mailings. Hold or attend volunteer-recruitment events. If your organization has a larger number of volunteers to recruit and schedule, consider using a volunteer recruitment form like the one at the end of this guide.
Background
Perform reference checks and criminal history background checks on volunteers who come into contact with children or other vulnerable populations, or who handle substantial sums. Use online public databases or a national-search background-check service. Reject volunteer candidates whose record reflects any hint of concern. Organizations owe duties of care to their patrons. Accepting an unqualified volunteer shows a lack of care and may lead to organization liability for negligent retention or supervision in the event of another’s injury at the unqualified volunteer’s hands. Recruit volunteers only for activities for which their education, training, and experience indicates their competence. The volunteer recruitment form at the end of this guide requests qualifying background information. Use that form or a similar form to administer recruiting and evaluation.
Agreement
When accepting a volunteer for your organization’s charitable service, be clear about the terms of that volunteer service. Consider having new volunteers review, sign, and submit a volunteer agreement like the one at the end of this guide. The agreement at the end of this guide asks volunteers to release the organization’s negligence liability and to indemnify the organization against claims arising out of the volunteer’s negligence. Those terms favor the organization and disfavor the volunteer. Be sure those requests made of volunteers are fair and appropriate, within the commitments and obligations of your organization. Volunteer releases and indemnity provisions are common but not standard among charitable organizations. Consult your insurance agent relative to their wisdom or necessity for liability insurance purposes. And listen to your organization’s volunteers. They’ll tell you if they object to terms that sound or appear unfair.
Drivers
Volunteers who drive motor vehicles for charitable organizations present special risks. No common activity creates more risk of injury, loss, damage, and liability than the operation of motor vehicles. Any volunteer whom your organization asks to drive in the course of any organization-related activity should be a licensed and reasonably safe driver of a properly registered, reasonably maintained, and adequately insured motor vehicle. One way to ensure that driving volunteers meet those parameters is to ask volunteers to sign a volunteer-driver agreement like the example agreement at the end of this guide. Extra-cautious charitable organizations, and charitable organizations depending frequently and heavily on volunteer drivers, may run driver’s license checks on driving volunteers and ask those volunteers to provide the organization with proof of motor-vehicle insurance in an adequate amount.
Supervision
Supervise your organization’s volunteers. If their volunteer activity involves risk to themselves, the organization’s patrons, or the organization’s premises, equipment, or reputation, then supervise them closely enough to ensure that they act appropriately and competently. Supervision need not be harsh or unpleasant. Supervision can be a learning and growing experience. Supervise sensitively but also effectively enough to ensure safety, security, and orderly operations. Identify unqualified or unfit volunteers, and terminate their volunteer service promptly or shift their volunteer activities to those activities for which they are safe, fit, and competent. Keep open lines of communications with all volunteers, encouraging them to immediately report any unsafe practice or condition or inappropriate conduct by anyone, including fellow volunteers.
Recognition
Charitable organizations rightly recognize their volunteers, increasing volunteering rewards and promoting volunteer recruitment and retention. Recognition can be a substantial reward, adding to the rewards inherent in charitable service. Thank-you notes and cards from the board and executive director, publication of volunteer names, and celebration of volunteer birthdays or service anniversaries and holidays can all be occasions for volunteer recognition. Token gifts of appreciation, especially t-shirts, caps, mugs, or other memorabilia bearing the charity’s logo, can be especially appropriate ways to recognize volunteers, allowing them to share with others their volunteer service.
Key Points
Volunteers serve charities without compensation or compulsion.
Charitable organizations should clearly identify volunteers and roles.
Volunteers can become employees, but clearly mark the distinction.
Do not confuse volunteers into expecting compensation.
Community-service workers are not volunteers but may have a role.
Interns are students whose school offers credit for charitable service.
Recruit volunteers frequently using standardized procedures.
Check volunteer background for competence and fitness.
Ensure that volunteers know the terms of their service.
Ensure that volunteer drivers are licensed, safe, and insured.
Supervise volunteers to ensure safe, competent, and fit services.
Volunteer recognition can promote recruiting and retention.