[Ares-races] Re: ARES-RACES Digest, Vol 14, Issue 4

[Zach Lassiter]

As i stated, we are UNPAYED outside contractors.  We just have outside
contractor status to protect the county from liability and allow them
to run background checks

On 7/25/05, ares-races-request at mailman.qth.net
<ares-races-request at mailman.qth.net> wrote:
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> Today's Topics:
> 
>    1. RE: ARES-RACES Digest, Vol 14, Issue 3 (Dave Colter)
>    2. RE: ARES-RACES Digest, Vol 14, Issue 3 (Mike (KA5CVH) Urich)
>    3. Re: RE: ARES-RACES Digest, Vol 14, Issue 3 (Jerry Reimer)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Sun, 24 Jul 2005 09:02:57 -0400
> From: "Dave Colter" <dbcolter at adelphia.net>
> Subject: [Ares-races] RE: ARES-RACES Digest, Vol 14, Issue 3
> To: <ares-races at mailman.qth.net>
> Message-ID: <20050724130242.QNBB14360.mta13.adelphia.net at CYBERTRON>
> Content-Type: text/plain;	charset="windows-1250"
> 
> It's difficult to over-simplify this discussion from the state's point of
> view. The state's rules provide for two different relationships - employee
> or outside contractor. You are either one or the other, period. 
> 
> What does complicate matters somewhat is that our state has regularly paid
> any ham who operated on the state's non-Amateur frequencies. That's where
> you have to consider the FCC's assessment that operation of on Amateur
> frequencies by paid agency staff in the course of their regular duties is
> acceptable during an emergency situation. This ruling was made at the
> request of some Florida EMTs as I recall. 
> 
> Does the ruling apply to EMA "contractor" radio ops who operate both state
> radios and Amateur radio? It is part time, on-call work - not a regular
> daily job. As one of those persons, I have always taken the approach that
> if
> my primary assignment is to operate government command and control radios,
> I
> can be paid, even if I also use Amateur radio on occasion. If the situation
> is reversed, with Amateur ops primary and C&C secondary, I cannot.
> 
> I guess the bottom line is that the situation will be slightly different
> with each agency, and hams will have to evaluate their relationship and the
> law carefully.
> 
> 73,
> Dave Colter WA1ZCN
> SEC - NH-ARES
> 
> 
> Date: Sat, 23 Jul 2005 23:00:24 -0500
> From: "Doug Younker" <dougy at ruraltel.net>
> Subject: [Ares-races] RE: RACES - outside contractors
> To: <ares-races at mailman.qth.net>
> Message-ID: <01fe01c59004$38709b60$0f01a8c0 at oemcomputer>
> Content-Type: text/plain;	charset="Windows-1252"
> 
> No matter what terms served agencies used to describe ARES/RACES
> volunteers,
> the only time Part 97's restrictions against receiving compensation are
> violated is, if/when the volunteers using amateur radio receive
> compensation.  But then I'm accused of over simplifying things about as
> much
> I accused of complicating things more than they need be. :) Unless the FCC
> has expressed concern over the terminology used, I see no real need to be
> concerned myself.--73
> Doug, N0LKK
> 
> 
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> 
> 
> 
> ------------------------------
> 
> Message: 2
> Date: Sun, 24 Jul 2005 09:11:20 -0500
> From: "Mike (KA5CVH) Urich" <ka5cvh at gmail.com>
> Subject: [Ares-races] RE: ARES-RACES Digest, Vol 14, Issue 3
> To: ARES-RACES <ares-races at mailman.qth.net>
> Message-ID: <15b2c6c705072407112f568df2 at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
> 
> On 7/24/05, Dave Colter <dbcolter at adelphia.net> wrote:
> 
> > Does the ruling apply to EMA "contractor" radio ops who operate both
> state
> > radios and Amateur radio? It is part time, on-call work - not a regular
> > daily job.
> 
> Mike wrote
> 
> That's sort of how Transtar http://www.houstontranstar.org/ in Houston
> handles it too.  They have a few hams that are employees too down
> there and the ham radios are always on and all the radio ops for the
> various agencies including the traffic reporters "kinda" listen in on
> a couple of "certain" repeaters.  If they hear something they want to
> know more about they get one of the hams to swing by and get on the
> air for a couple of minutes.
> 
> I office out of the house <and my car> and during a big drill a couple
> of years ago I operated as a "Liaison <relay> Station" for three
> different nets and was able to sit here and get caught up on paper
> work that day and got paid for it too!  Now I wasn't on the air a lot
> but needed to be "monitoring" two repeaters and one simplex frequency
> the entire day.  This doesn't meet the standard of being financially
> compensated.
> 
> --
> Mike Urich, KA5CVH
> http://ka5cvh.com
> 
> 
> ------------------------------
> 
> Message: 3
> Date: Sun, 24 Jul 2005 17:55:09 -0500
> From: Jerry Reimer <jerryreimer at charter.net>
> Subject: Re: [Ares-races] RE: ARES-RACES Digest, Vol 14, Issue 3
> To: ARES-RACES <ares-races at mailman.qth.net>
> Message-ID: <6.2.0.14.2.20050724174625.03059940 at pop.charter.net>
> Content-Type: text/plain; charset="us-ascii"; format=flowed
> 
> 
> Simply monitoring a radio does not require a license.  There is not a clear
> 
> cut answer on employees who are Amateur Radio licensees being paid by their
> 
> employer, and their intermittent use of Amateur Radio for the benefit of 
> that employer.  Part-time or full-time does not matter; an employee is an 
> employee.  A contractor is not an employee.  Even the FCC is of two minds 
> on the subject of employees using their Amateur Radio for their employer.
> 
> William Cross, one of the FCC guys who writes the regulations, says such is
> 
> prohibited under all circumstances, except the usual immediate threat to 
> life and property.
> 
> Riley Hollingsworth, one of the FCC guys who enforces the regulations, said
> 
> that is one that he will find it difficult to enforce.
> 
> The only person at risk of any enforcement action is the employee who 
> actually has the Amateur Radio license.  The regulations say what is 
> written.  Both houses of the FCC have spoken on this subject.  It is 
> incumbent upon all of us that have a license to understand the regulations,
> 
> inform our employer, accept the risk (or not), and act according to the 
> circumstances.
> 
> Jerry Reimer, KK5CA
> 
> 
> 
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> End of ARES-RACES Digest, Vol 14, Issue 4
> *****************************************
>