Newspapers / Philanthropy Journal of North … / July 1, 1994, edition 1 / Page 9
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July/August wa Philanthropy Journal of North Carolina • 9 Liability Continued from page 8 for proving liability, they do not eliminate the possibility that non profits and volunteers can be sued. Since it was founded four years ago, the Nonprofit Risk Management Center in Washington, D.C., has seen a grow ing demand for its publications and consulting services. “We are in a more claims-con- scious era,” says Executive Director Chuck Tremper. “As a result, the standards of care [offered by nonprofits} have risen and organizations are being held responsible for things that were previously overlooked.” Nonprofits have also been affected by developments in the for-profit sector. “A lot of bigger companies have specific policies that their employ ees cannot serve on a nonprofit board without [liability] insur ance,” says Trisha Lester, pro gram director for the North Carolina Center for Nonprofits in Raleigh. The center is a sponsor of the Nonprofits Mutual Risk Retention Group, which was founded in 1991 to provide insurance coverage tai lored to the needs of nonprofits. Besides standard liability cov erage, the Florida-based insurer also offers policies for special events and sexual harassment claims - two areas that few other insurers will cover. Mark Arnold, director of Underwriting for Nonprofits Mutual, says the group’s premiums are generally 20 percent lower than market rates. “Standard insurance companies are owned by stockholders and their rates tend to fluctuate,” he says. “Our philosophy is to offer insurance at a fair and stable price.” Have concerns about liability discouraged nonprofits from using volunteer help? “No, because volunteers are so essential to nonprofit survival,” says Beth Maxwell, program direc tor for Volunteers from the Workplace at the Volunteer Center of Greater Durham. “What they do get discouraged about is the expense of keeping volunteers. First you hear you need insurance for driving a car, then you hear you need insurance for much less risky things. It gets a little discour aging when you think about donor dollars being spent” on insurance. While they haven’t stopped using volunteers, many nonprofits have altered the tasks that volun teers perform. “My mother used to wash test tubes in a hospital and 1 don’t think they let volunteers do that anymore,” says Christy Greeson, executive director of the North Carolina Voluntary Action Center in Greensboro. “And any of the organizations that work one-on- one with youth are doing much more intensive screening and training.” Still, Greeson worries that attention to liability issues will come too late. “I’ve seen agencies that are doing things that scare me to death,” she says. “There is an underlying feeling that most peo ple are out there to volunteer because they are good people. Most nonprofits believe that. But they need to look at whether they are putting their clients, volun teers or their organization at risk.” Not everyone is convinced that fears about nonprofit liability are warranted. Steve Smith, who teaches at Duke University’s Center for the Study of Philanthropy and Voluntarism, conducted a study of the nonprofit sector in Massachusetts. The study failed to turn up a single lawsuit filed against a direct service volunteer or board member. “One could argue that the situa tion may change,” he says. “But 1 don’t see this as a major legal issue.” Lester, of the N.C. Center for Nonprofits, believes decisions about liability coverage should be made on a case-by-case basis. “It depends on what kind of work the organization is involved in and who their constituents are,” she says. At the Human Service Alliance in Winston-Salem, board members have tried to take a positive approach to the issue of liability. Although the organization has lia bility insurance, the focus of pre vention is on screening and train ing of volunteers. “Our emphasis, rather than tak ing the approach from the negative side of liability is looking at responsibility,” says Coleman- Alderson, president of the board of the all-volunteer alliance, which provides care for disabled children and the terminally ill. “When you have a working board, clear communications and volunteers that are involved in what you’re doing, there is a lot less fear involved.” Chris Troxler, president of the Human Services Corp. in Greensboro, agrees with this approach. “The law does not protect an organization from being Sloppy,” says Troxler, whose group pro vides consulting services to non profits. “A well-managed organiza tion is the best insurance .policy you can have.” Airplane Continued from page 8 on the condition they protect and restore the airplane. The Henderson County jury agreed with Zickgraf, finding that the airplane had not been validly transferred to Stone Mountain. The jury said the gift was conditional and that transfer of the plane hinged on the museum’s living up to its agreement to take proper care of the plane. But the museum tailed to do That, the jury said. FKimble turned to the state Court of Appeals. But Stone Mountain’s appeal crashed on May 3, partly because its trial lawyer failed to The Departments Agriculture; Otafilzgerok OS, of Agtkute, iSQ liaisons to HUD: ■ Siotofiowkfefl- ■ TSovsfflmefltolAffcits l!oo0i21?A f4fito«ll(iife|»ndenceAvenoe,if.llf.l ■ WiHiingtoivDC2(!250 tel #.12-720:6643 fa# 202.720-8812. CoSa8;,MiteO«i(in Cummeite: Jowllin Ster - Assistant Oeptilv Seoetoiy '.ilWiinjten, 0C-.20410 fa# 202-708-0030 fa#-20t401-399l. ;.6iitod: lifisBotpilb und, . Oeetge Mimef - Oitectai, Spsdot Mm% Office tentl0232 T U.S. Oejattwt of Cmmetce HtkaMLonsIttioi), N.W. ■ Wosbington, DC 20230 tel.# 202-482-5283' fox# 202-482-2741 Almosptaes toi 5804 . : ... ■ Wtfe-afaConstitotion, N.W 1Sfriiingtoii;0C20230 ■ tel.# 202-482-3567 fa# 202 462-6318 ’ Contact: Aniafazote -. Defense: Wiftm Bloeklow - Deputy AssfitantfateSeaeteiy. 45!7iStieet,S;W. . ■ Wedtingtan.OC 20410 tel#202-708-1547 lax#202i481-6725 Contact; MoiiteenWoften •; Interior: '.- tuciiWpdn -Ouecter'ofExfetiri AiiiB .Beportfitentefttieliitetiot : Wrfinjlon, OC 20240 ;;: fa# 202-208-6416 fa# 202:208-5133 Justice: :'''.'fi«l Ooimin - Oiiecter, Office of ftiMl .Oogon and ■ lioom:4256.. «iin9toi),DC 20301-1000 tel,# 783-697-6647 fa# 703 695-1149 CadaJ; SondtaSetitt Education: .- ■■ ■-.•v: TOHiofaConstiWw Avenue, 8.W. .V. . ' losbtng^ , fa#»2-514.3465.fa#20Ml4-2564 8dil«sey-.-,tJVillssMS-. ■ > • 8ert8(afKlentog.-&imi«al!s5ues ' ' ■ . 'lubon ■ i.v- •/ fccy Winr^Associote 0itef}oii)i,lr.tef-&vemBentol ■ Afag , , Edocatiw Depattfflaitof Hutation AOOAta^andAvenusjSW Woy««gtaii,OC 20202-7100 , fa#:202:205-5451 fa# 2fl2»r48' ‘TSusliinjfoit/.OC'20250. fa# 12-219-6141 fa# 202-119-7971 Craitact Chudelte Tidwell State: . TtinWii1ti-:Eounseloi Energy: ledwJogylifcmotien 8ooiti3K143 . - , • - 1008 Independence Ave,S.W,' WoslingtonOC 20585. tel.# 202-586-6771 fa# 12-690-7098 CoBlact; Patncio A DeVenux i. HHS: Sutsli-lfaBet - Immediate Office of leSecfetaty ■ O.S. Oepotment of Heoiffi 8, riumon Seivices RoomdlSF' 200 independence Avenue, S.W. ■ Woshington, OC tel.# 202-690-6347 fa# 202699-7098: ' Coffioct: Alexandra Monas 2201tSW,)l;W.l!ciom?250:, Washington,OC-20520 fa #202 647-6240 fa# 202647-8753 ■Contact; IcIiarfScIneidei . fa.# 202647-9796 Transportation; , Ick Sulsman - Office of the Seaefaiy/Diisctoi of inlet- fevemraefitnlAffoiis U.S. Oepaifment of TranspoitaW ■ 400 Seventh Sheet, S,W. Washington, DC 20590 fa,# 12-366-1524 fa# 2021366-790? Treasury: Joyce Qitnet - Deputy Executive Seoetaty for Public liaison 1500 Pennsylvonio Avenue, teont 3452 OiTwisuiy ioslington, OC 20220 «.# 12622-2970 fa# I0261-2W reseiwe any fuel for it, wrote Court of Appeals Judge Hugh Wells. For issues to be considered on appeal, a party must make timely objections or motions when the con tested issue comes up at trial. At trial, the lawyer for Stone Mountain tailed to object to the issues it brought to the appeals court. Wells wrote in denying the appeal. Veterans Affairs: Maty lau teener - General Cowl Oeptaf Veterans Affairs 81 OVeshiont Avenue, li.W. Washington, OC 20420 tel.# 202-2736659/6668 fa# 202-273-6672 Contact: MtyWollace The Agencies AIDS: Mew Barter-SentoAdwof,! 75017th Street, NW Suite 1060 Washington, DC 20503 tel.# 202-632-1090 fa# 202-632-1096 Contact: Steve leeotlanyoitein Corporation for Nationol Service: Qiuck Supple - Dirscttit af Indepealent Sector liaison }|00Vetn)oiifAvenue,fl.W. Washington, OC 20525 tel,# 202-606-5000X M fa# 202-606-4921 EPA: . Held Wilson - Oitector, Office of Public Uoison 4OlttSt[eBt,S.W.,MirD»lel702 Washington, DC 2M60 fa.# 202-260-4454,fa# 202-260-0130. .Contact; Elainetoetnr. ,■ fa,#202-26i-445|■;./.■■ FEMA: Hoive-y Rylond • Seniot Policy Adyisat .■QfficeoftlieOitector .. TEtt . ■SOOCStioelSW .• :Woshington,0C 20472' '. . ■'fa.#202-646-4211 NEA/NEH/IMS;Office of Nationol Drug Control Policy: ■ Atexandei (Sandy) Crary-Chief of Staff 1100 Pennsylvaitio Avenue, N.W, Washington, DC 20506 . ’ • fa,# 202-682-5652 fa# 202-682-5639 Arthur Houghton - Senior Policy Arsolyst Executive Office of the hesdait Washington, DC 20500 tel.# 202-395-6750 fax# 202-395-6744 SBA; Katie BioBten-QiiefafStoff y.S. Small Business Admtiistiation Office of the AdfflinWratsf 409 3rd Sheet, S.W, Suite 7000 Washington, OC 20416 fa.# 202-205-6605 fa# 202-205-6802 USE VIDEO TO: • Build your membership base • Educate the community • Recruit and train volunteers • Create compelling PSAs • Transform your fund-raising! SCOTT BARBER 924 Chapel Hill Road Pittsboro, NC 27312 (919) 929-3058 CAN HELP SECURE VIDEO FUNDING!!!! New Context Video Productions SOFTWARE RULES: 1. Use the correct software. 2. Use the software correctly. 3. 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Philanthropy Journal of North Carolina (Raleigh, N.C.)
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July 1, 1994, edition 1
9
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