California 4-H Policy Handbook: SECTION 600

The issuance of a 4-H charter to 4-H Volunteer Management Organizations (VMO's) and units authorizes those organizations to conduct business. A charter is required for a 4-H VMO or unit to use the 4-H name and logo. A charter is also a prerequisite for receiving funds from fund-raising enterprises, contributions from local members, or donations and bequests from other sources. All persons involved in the 4-H Youth Development Program (4-H YDP), including 4-H YDP staff and volunteers, must understand their roles and responsibilities regarding the business and finance practices outlined in this handbook.

602 Training

The county 4-H YDP staff should conduct training programs for volunteers of VMO's and units concerning the development, accounting, and reporting of fiscal resources, and business relationships. See Section 700: Finances.

603 The 4-H Charter

Each county 4-H VMO and unit is chartered by the University of California, which recognizes the VMO's as legal bodies within the University. To qualify for a charter, each VMO is required to have a constitution and a set of bylaws that are approved by the University of California Office of the General Counsel. Certain paragraphs are required to be included in each of the county VMO and unit constitutions and bylaws, others are optional. See Appendix F: State Issued Templates for Constitution and Bylaws.

Revisions made to a county VMO's constitution or bylaws, that deviate from the state issued template, must be submitted by the county director to the 4-H YDP director for legal interpretation before final approval is given by the 4-H YDP director and office of general counsel. Other revisions made in the bylaws can be made with approval of the county 4-H YDP staff and county director, provided they do not change the intent of the required sections of the state-issued templates, and they follow the intent of the constitution. Such revisions are to be filed with the 4-H YDP director.

Units must submit revisions to the bylaws to the county Extension office for review before approval of membership.

603.1 Privileges Authorized by the 4-H Charter

The 4-H Charter authorizes the following privileges:

The authority to use the 4-H name and logo for program and fund-raising activities.
The authority to raise, allocate, and disburse funds in support of local 4-H programs, projects, and groups.
The authority to organize, account, and manage the operational and fiscal concerns of the county programs, projects, and groups under their jurisdiction. See Appendix F: Officer's Manual.

603.2 Relationships Authorized by the Charter

In applying for and accepting a 4-H charter, the unit or VMO agrees to the following administrative relationships.

The unit or VMO is an authorized organizational unit within the University of California Agriculture and Natural Resources 4-H Youth Development Program.
Officers of the county 4-H VMO and adult volunteers of 4-H units are accountable for all funds raised by them or in their name. This policy extends to funds generated in the name of 4-H by the volunteers and members of any 4-H VMO or unit.
VMO's and units may not commit the University to any contractual obligations.
VMO's and units are required to submit various finance-related reports. See Section 700: Finance.
The VMO's and units agree to incorporate the diversity and affirmative action goals of the Division of Agriculture and Natural Resources and to actively support and implement the outreach efforts of the 4-H YDP.
Assets received or raised by VMO's and units must be utilized in the delivery of 4-H YDP programs and are under administrative purview of the University of California.
In the event that a chartered 4-H VMO must be disbanded, all assets (including equipment, property, and bank accounts) remain the property of the University of California and shall be transferred to the county director, regional director, or 4-H YDP director, as appropriate. The administrator will hold the assets in escrow for up to three years before distributing the assets for development of other 4-H programs in the county.
In the event that a chartered 4-H unit must be disbanded, all assets (including equipment, property, and bank accounts) shall be transferred to the 4-H VMO and be held in escrow for three years before distribution of the assets for development of other 4-H programs in the county.
VMO's and units are programmatically responsible to the 4-H YDP staff at the appropriate level and fiscally responsible to the county director, regional director, or 4-H YDP director, as appropriate.

603.3 Applying for a 4-H Charter

A prospective 4-H unit or VMO must submit a request for chartering, along with enabling documents (such as constitution, bylaws, articles of incorporation), to the county director, regional director, or 4-H YDP director, as appropriate. The documents shall indicate the officers of the VMO or unit, election procedures, decision-making processes, financial relationships and reporting, and outreach plans. See Appendix F: 4-H Unit Program Planning Guide.

The documents submitted by the VMO must indicate if charter authorities are to be delegated further within their respective jurisdictions. For example, a county level VMO that intends to extend charter authorities to individual 4-H units or program groups must specify the fiscal and reporting relationships between the county VMO and the individual unit.

The county director, regional director, or statewide 4-H YDP director, in consultation with ANR administrative staff, shall review the documents submitted by the VMO to determine if the VMO can represent the 4-H YDP in the community.

The county director, regional director, or 4-H YDP director may issue a charter or may communicate needed improvements if the charter is declined. The county director may delegate the responsibility for chartering to the 4-H YDP staff.

A 4-H unit shall apply for a charter from the county UC Cooperative Extension office at the beginning of its first year of operation. To receive a charter, a unit must have at least 3 youth members and 1 adult volunteer; club officers; and a written plan of work for the unit year, including educational and special programs. At the beginning of the year, youth members will vote on goals they want to work toward during the year. The county office may provide seals to attach to the charter at the end of each 4-H year.

604 License Agreements for Use of Facilities

604.1 Authority and Execution

General guidelines can be found in the ANR Administrative Handbook, Section 208.II.

Regional and county directors are authorized to execute the following licenses and agreements.

Facility use agreements that do not contain a hold harmless clause or that contain a hold harmless clause using the University's preferred language, or an alternative clause previously approved by the University's General Counsel. These agreements should be carefully reviewed by the county director to determine that there are no other provisions that would be detrimental to the interests of the University. It is also important to remember that a hold harmless clause or other indemnification clauses may be hidden in other clauses and may not be specifically identified as "indemnification."
The University negotiates with the State of California Division of Fairs and Expositions to develop an agreement for using county fairgrounds. For more information, contact the ANR risk manager. Generally, an individual use agreement is not required.
The ANR risk manager has negotiated joint powers agreements between the University and some school districts and other agencies. See Appendix F: Joint Powers Agreement.

604.2 Instructions

The following procedure is to be used for processing license and use agreements for the use of buildings and facilities for 4-H YDP activities.

A minimum of fifteen (15) working days prior to the event should be allowed for processing agreements. This will require advance planning on the part of volunteers and 4-H YDP staff. The ANR risk manager may need to also provide advice and review agreements in addition to issuing insurance certificates.
Once an agreement has been properly negotiated and signed by both parties, the licensee and licensor, it is forwarded to the ANR risk manager for issuance of an insurance certificate.
Under no circumstances should 4-H volunteers or members execute license and use agreements for any type of 4-H YDP activities. County directors are the only county-based administrators authorized to execute license agreements. See Appendix F: Risk Management Check List.

604.3 Hold Harmless/Indemnification Clauses

See ANR Administrative Handbook, Section 210.

Under no circumstances is a 4-H YDP staff or volunteer to sign a contract containing a hold harmless clause.

The county director, in consultation with ANR's risk manager, is responsible for signing and/or negotiating an acceptable hold harmless clause.

604.4 Insurance Certificates

Many license agreements for use of facilities require issuance of an insurance certificate, which provides evidence of appropriate insurance coverage by the University. Certificates of insurance provide information about the insurance coverage in force to protect the interests of another party. They are issued by the University to outside individuals or organizations in connection with activities of the University. They are also issued to the University by insurance companies for independent contractors performing work for the University or by businesses providing services to the University.

Most of ANR's requests for certificates involve license agreements for use of outside (non-UC) facilities by 4-H YDP staff and volunteers in carrying out approved Cooperative Extension programs.

In reviewing requests for insurance certificates, the county director will require the following information:

Name and address of the person or organization to whom the certificate is to be issued,
Whether the person or organization requires to be named as additional insured on the insurance certificate,
Limits of insurance coverage required by the person or organization,
Effective dates and hours of use for coverage. Insurance certificates contain a standard 30-day notification clause for cancellation of coverage.
Reason for the certificate, including a brief description of the activity planned,
Name and address of the responsible Cooperative Extension staff member.

The insurance coverage applies to all use of facilities for which the University has assumed responsibility under contract as to its negligence, whether or not a certificate has been issued. The certificate merely provides documented evidence of coverage to the property owner.

605 Insurance - Automobile Liability

605.1 Employee Automobile Liability Coverage

4-H staff should refer to the Administration Handbook for employee coverage. See ANR Administrative Handbook, Section 210.I.A.

605.2 Driving Automobiles in the 4-H YDP

4-H volunteers must carry their own automobile liability insurance. In case of an accident, the volunteer's insurance provides the primary coverage. University self-insurance is in excess above the primary coverage if the accident is due to negligence on the part of the University.

If an accident is not due to University's negligence, reimbursement or claims for liability must be sought from the negligent party through the volunteer's insurance provider.

The terms of the University liability insurance policy do not cover teens as drivers. Therefore, members under the age of 18 cannot transport other 4-H members to official functions.

Passengers riding in the back of a pickup or flatbed motor truck must be secured with a restraint system that meets or exceeds motor vehicle safety requirements.

Drivers who are transporting 4-H members on field trips or long distances to official functions are encouraged to carry a first aid kit, medical treatment forms, and emergency accessories. Emergency accessories include reflectors, fire extinguishers, or other supplies, such as shovels and blankets, necessary for adverse weather conditions.

Volunteers, acting in an official capacity with 4-H, must follow California driving regulations and comply with the following standards:

Have a valid California drivers' license for vehicles to be driven.
Have car insurance as required by the State of California.
Use a safe operating vehicle.
Have seat belts for each passenger.

Staff are responsible for notifying volunteers of the laws and regulations pertaining to the use of automobiles in 4-H. This can be accomplished through newsletters, orientation meetings, and workshops.

605.3 Reporting Accidents and Injuries

For information on reporting an employee accident, 4-H YDP staff should see ANR Administrative Handbook, Section 210.IV.

606 Other Insurance Coverage

See ANR Administrative Handbook, Section 210.I.

The University of California maintains self-insurance programs for general and automobile liability that protect all employees and agents of the University while acting within the course and scope of University business. Employees of VMO's or units are not covered by these University self-insurance programs. Such persons must be self-insured for general and automobile liability or have such coverage provided by the VMO or unit.

606.1 General Liability Insurance

See ANR Administrative Handbook, Section 210.I.B.

In the event of accidental damage to another's property, or accidental injury to another person during the conduct of official University business, or as a result of negligence on the part of its employees or agents, the University and its employees and agents are protected by the University's General Liability Self-Insurance Program. 4-H volunteers are University agents when actively engaged in the course and scope of University volunteer activities and thus are covered.

606.2 Liability Insurance for 4-H Volunteers

See ANR Administrative Handbook, Section 210.H.

The University of California maintains a self-insurance program for general liability that protects all employees and agents of the University while participating in official activities of the University. This coverage protects volunteers when they:

Are at least 18 years of age,
Complete an enrollment form,
Complete the volunteer screening process, including a Live Scan or BID-7 Applicant Fingerprint Form,
Attend volunteer orientation meeting(s) offered by the county 4-H YDP staff,
Carry an up-to-date Volunteer Appointment Card,
Engage in or travel to or from any official UC business activity, and
Are acting within the course and scope of their duties as a 4-H volunteer.

In the event of accidental damage to another's property, or accidental injury to another person during the conduct of official UC business, and as the result of negligence by a 4-H volunteer, the University and the 4-H volunteer are protected against and from third party suits or claims. The University of California Self-Insurance Program for general liability does not provide coverage for the personal property (including homes, arenas, farms, or project animals) of 4-H volunteer or 4-H YDP staff. Volunteers or 4-H YDP staff who utilize their personal property during the course of 4-H YDP activities should check with their insurance carrier and review their liability coverage.

When a 4-H volunteer is involved in accidental injury or property damage to others, he or she must report full details promptly to the county 4-H YDP staff. The staff will report this immediately to the ANR risk manager.

606.3 Liability Insurance for 4-H Members

University of California General Liability Self-Insurance Program does not cover 4-H members.

The General Liability Self-Insurance Program does not cover 4-H project animals. Members and their families are responsible for seeking liability protection against damages caused by their animals.

606.4 Accident and Sickness Insurance

All 4-H volunteers and members must be covered by the accident and sickness insurance. The coverage is for the 4-H YDP unit and all its members and volunteers. See Appendix F: California 4-H Accident/Sickness Insurance 4H-1099.

The only exceptions to this policy are collaborative 4-H activities held with other agencies that take place in a public or private school or other agency, as a part of the school or agency program and are supervised by school or agency staff and the individual is covered by the school or agency policy.

Insurance coverage should be discussed with the appropriate school or agency personnel prior to any 4-H YDP collaboration. County 4-H YDP staff should send a letter to the collaborating school or agency, explaining that the 4-H accident insurance policy does not cover the youth from their agency. Agency youth can participate in other 4-H activities or events, if they pay the insurance premium and program fee and enroll as regular 4-H members.

This 4-H insurance is not to be used to insure participants in other programs.

606.5 Product Liability

The University of California does not provide product liability insurance for 4-H YDP fund-raising events. Manufacturers assume responsibility for prepackaged food. Sponsoring agencies may require the county 4-H YDP to purchase product liability insurance. This insurance can be purchased locally. See Section 800: Health and Safety.

607 Workers' Compensation

All Division employees are protected by the University's Workers' Compensation Program, which is self-funded. For a 4-H YDP staff injury, See ANR Administrative Handbook, Section 210.I.C.

4-H volunteers are not covered by the University's Workers' Compensation Program. VMO's must obtain, from an independent insurance carrier, Workers' Compensation for all employees of VMO's.

608 Mailing Lists

Extension mailing lists, including 4-H lists, are to be used for the sole purpose of delivering educational information. The policy of ANR and Cooperative Extension is that no list of names developed by the organization shall be given to other organizations or individuals. All correspondence using the penalty mail privilege must adhere to all penalty mail rules and regulations outlined in the ANR Administrative Handbook. This policy covers both content and format of all mailed material. See ANR Administrative Handbook, Section 261.

609 Records Pertaining to Personal Data

The California Information Practices Act requires that protection of an individual's right to privacy be given consideration in all aspects of University business. The University's obligation to promote its purposes and communicate efficiently with employees, agents, and others on University business make it desirable to produce and maintain mailing lists, which include individual names, campus or business addresses and telephone numbers, and certain items of personal information about those individuals. However, their use and distribution are limited by the California Public Records Act and the California Information Practices Act.

Sections of the California Government Code stipulate that home addresses and telephone numbers of state employees are not deemed to be public records and cannot be released without prior written consent of the individual. Sections of the California Civil Code provide that the individual will be notified of the intended purpose and use of personal information being collected. Individuals have the right, upon written request, to have their own name and address removed from any agency list, unless that list is used exclusively for the purpose of directly contacting the individual. Distribution, rental, or sale of an individual's name and address for commercial purposes is prohibited unless specifically authorized by law.

Requests for release of records must be made in writing and forwarded immediately (due to response time constraints imposed by law) to the assistant vice president for ANR administration who acts as the ANR Information Practices Coordinator, 1111 Franklin Street, 6th Floor, Oakland, CA 94607-5200.

610 Reimbursement For Services

610.1 Employment

The hiring of staff by 4-H VMO's in support of 4-H YDP activities and events is limited in scope and duration and requires the review and approval of the county director. Workers' Compensation Insurance and liability insurance coverage for such employees is discussed elsewhere. See Business Section 604.1, and Finance Section 709.5, for Workers' Compensation Insurance, and Business Section 604.2, for General and Automobile Liability Insurance.

610.2 Honoraria

Volunteers and other individuals may be paid an honorarium for services related to educational programs such as leading study travel programs and serving as educational coordinators. Honoraria shall not be construed nor intended as a form of employment on behalf of the VMO or University. Honoraria shall not be used as an alternate means to employ individuals to conduct ongoing programs. If allowable, honoraria made to employees of VMO's or the University of California must be made through payroll.

California law prohibits a public employee from making or participating in the making of a decision in which the employee knows or has reason to know he or she has a financial interest. For example, an employee should not make or participate in the making of a decision to offer an honorarium to him or herself or a member of his or her immediate family.

610.3 Hiring Staff through Contracts and Grants

4-H YDP advisors who apply for contracts and grants should refer to the ANR Administrative Handbook for information on applying and processing grants and contracts and hiring staff.

611 Religious and Political Activities

As an instrument of the state, the University, including 4-H, must remain neutral on religious and political matters. The University and its units cannot sponsor or fund religious or political activities, except when authorized by the regents, the president, or their designees.

The 4-H name, insignia, seal, or address of its office or units shall not be used for, or in connection with, religious or political purposes or activities, except as consistent with University regulations.

In correspondence, statements, or other material relating to religious or political activities or issues, the University title of a faculty or staff member, or the 4-H title of a volunteer shall be used only for identification; if such identification might reasonably be construed as implying the support, endorsement, or opposition of the University with regard to any religious or political activity or issue, the identification shall be accompanied by an explicit statement that the individual is speaking for himself or herself, and not as a representative of the University or any of its offices or units.

In order to avoid the appearance of University endorsement of a political candidate, the payment of University-controlled funds is prohibited to individuals who, at the time a contract is made, have formally declared their intention to run for elective office. This prohibition covers contracting for payment of fees, honoraria, or travel expenses.

4-H events and activities cannot include prayer or political announcements. See Appendix F: General Counsel Letter.




		"The University of California 4-H Youth Development Program Engages Youth in Reaching Their Fullest Potential while Advancing the Field of Youth Development."