[Ares-races] RE: RACES - outside contractors

Thu Jul 21 08:30:35 EDT 2005

Dave

The state can call us contractors all they want; however, it is a
misnomer, and it improperly used.  They need to know the true role that
RACES is and the difference between RACES and ARES and the fact that we
are volunteer, whether ARES or RACES.

By allowing the state EMA to continue to us the term "contractor", this
has legal definitions that directly prohibit all amateur radio operators
from utilizing Part 97 allocated radio frequencies to be used. 

As "contractors" we thereby would / should be required to obtain
contractor general liability insurance and naming the "employer" which
in this case being the state, as an additional named insured on the
policy.  This is implied through use of this term that we are paid, in
so much that other "trades" are contractors as well.

I don't think that we wish to establish or continue this very bad
precedence, nor should this very bad practice be tolerated or continued
to occur and the state should be duly notified and educated with respect
to proper terminology and the legal role outlined for RACES volunteers.

Thank you,

Alan McCartney
N1KAK

-----Original Message-----
From: ares-races-bounces at mailman.qth.net
[mailto:ares-races-bounces at mailman.qth.net] On Behalf Of Dave Colter
Sent: Thursday, July 21, 2005 8:08 AM
To: ares-races at mailman.qth.net
Subject: [Ares-races] RE: RACES - outside contractors

Actually, for a state EMA to call their volunteer radio ops "outside
contractors" is pretty common. From our perspective, they are still "EMA
registered radio operators." It is a legal trick used to make certain
that
they cannot be considered state employees for union or insurance
purposes.
When the volunteers are considered to be "outside contractors" they
cannot
be covered by Worker's Compensation Insurance, a point worth noting if
you
are one of those volunteers. Apparently, no one has found a way to call
us
"volunteers" without incurring some potential liability.

73,
Dave Colter WA1ZCN
SEC - NH-ARES

Original message:
Date: Wed, 20 Jul 2005 22:18:58 -0700
From: W6YN Don Milbury <w6yn at juno.com>
Subject: Re: [Ares-races] Re: ARES-RACES Digest, Vol 13, Issue 3
To: ares-races at mailman.qth.net
Message-ID: <20050720.221858.2252.5.w6yn at juno.com>
Content-Type: text/plain; charset=us-ascii

That is so odd. 

RACES is not an "Outside Contractor" or a group or a chapter or anything

like that. 

RACES is a "radio service" established with a set of restrictive rules
where licensed amateurs may operate after they have registered with and
have been activated by the local or state CD organization. Anything that
doesn't qualify under the amateur rules (Part 97) is not RACES.

73,  Don,  W6YN

On Fri, 24 Jun 2005 16:53:42 -0400 Zach Lassiter
<sapiens.unus at gmail.com>
writes:
> Here to be even considered for RACES in the appliction process you
> MUST sign a release.  RACES in our county is considered "Outside
> Contractors"
> 

------------------------------

_______________________________________________
ARES-RACES mailing list
ARES-RACES at mailman.qth.net
http://mailman.qth.net/mailman/listinfo/ares-races

End of ARES-RACES Digest, Vol 14, Issue 1
*****************************************

-- 
No virus found in this incoming message.
Checked by AVG Anti-Virus.
Version: 7.0.323 / Virus Database: 267.9.2/52 - Release Date: 7/19/2005

-- 
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.323 / Virus Database: 267.9.2/52 - Release Date: 7/19/2005

&quot;Don't it always seem to go that you don't know what you've
got...till it's gone.&quot; from Big Yellow Taxi (Joni Mitchell) but
also true about QSL.NET if more users don't open their wallets and help
financially. Please contribute TODAY !!
_______________________________________________
ARES-RACES mailing list
ARES-RACES at mailman.qth.net
http://mailman.qth.net/mailman/listinfo/ares-races