INST. 120.1


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.).