Legal
Considerations
for Volunteers
Written by Paul Ballard, Assistant
Attorney General, Office of the
Attorney General, Maryland
Scenario 1:
 You are asked to drive a state
vehicle to obtain medications for
your patients.
Outcome:
 You do this: Thus, you are acting
within your scope of duties.
Scenario 2:
BUT, what if you make
a mistake in good faith
and cause an accident?
If you were acting within
your scope of duties and
made a mistake in good
faith, you would be
covered by the State.
Scenario 3:
You take the car
on a personal errand -- you
would be acting OUTSIDE
the scope of your public
duties. You would NOT be
covered for any accident
that might occur.
Scenario 4:
 Let’s say that you’re driving within your
scope of duties while getting the
medications, but then you intentionally hit
someone with your car.
This is Malice and the State
would NOT cover you.
If you intended
to hurt
someone,
you would
NOT be
covered by
the State.
Scenario 5:
 Let’s say that you’re driving within your scope
of duties while getting the medications, but
while driving, you are reckless…for example,
you drive 100 MPH through a crowed city
block. This would show that you really do not
care whether you hurt anyone or not.
This is Gross Negligence and
the State would NOT cover
you.
Do you get legal
representation if
you are sued?
In most cases you would.
 You would get
representation if you
acted IN THE SCOPE of
your duties and were
NOT grossly negligent
or malicious.
The Attorney General’s
Office Will Provide You with
Legal Representation IF You:
 Acted in the scope
of your duties,
 Were NOT grossly
negligent, &
 Were NOT
malicious
However, if you have
insurance coverage on
your own, the Attorney
General’s Office may
decline to represent you
if the insurance coverage
already provides you with
defense counsel.
Criminal Action
 The Attorney
General’s Office
CANNOT defend
you in a Criminal
Action.
Now, if the Attorney General
determines that you:
 Were Malicious,
 Acted Outside your Scope of Duties,
OR
 Were Grossly Negligent
AND…
…And you have to hire your
own legal counsel, and then
the court determines that
you:
 Were NOT Malicious,
 Acted INSIDE your scope of duties,
AND
 Were NOT Grossly Negligent
THEN…
…Then you may seek
reimbursement from the
Board of Public Works.
 In most cases, reimbursement is
granted upon the
recommendation of the Attorney
General.
Not only is Paul
Ballard a lawyer,
but he’s also a
professional
juggler.
In these examples, Paul uses juggling
scenarios to exemplify differences in
legal terminology.
Scenario 1:
 Let’s say Paul is asked
to be a volunteer juggler and
he is asked to juggle 3 balls.
 Juggling 3 balls is within Paul’s
scope of duties, because that is
what he was asked to do.
What if Paul drops 1 ball?
 He is NEGLIGENT,
but he IS still
covered by the
State because he
was acting within
his scope of duties.
Let’s say Paul acts with
malice, gets angry, and he
throws the balls at someone.
 He is
MALICIOUS,
and he is
NOT covered
by the State.
Now what if Paul is juggling the 3
balls within the scope of his duty, but
he does not care what mistakes he
makes. Oops…he drops all 3 balls.
Now what?
 This is GROSS
NEGLIGENCE,
and he is NOT
covered by the
State. He is
reckless.
Remember that Paul was
assigned to juggle only 3 balls.
Well, Paul believes that he is a
really great juggler, so he
juggles 4.
That’s fine,
except that now
Paul is OUTSIDE
The Scope of
Duties.
If Paul is acting
OUTSIDE his Scope
of Duties, he is NOT
covered by the State,
and he needs to have
his own liability
coverage.
Summary:
 3 balls within the scope of duties, Paul
drops 1 – that’s Negligence. He IS
covered.
 3 balls, Paul gets angry and throws 1 at
someone – that’s Malice. He is NOT
covered.
 Paul doesn’t care what happens – that’s
Gross Negligence. He is NOT covered.
 Paul tries to juggle 4 balls, which is
outside his scope of duties. He is NOT
covered.
Workers’ Compensation
The Maryland Tort Claims Act does not
provide for workers’ compensation. If you
become ill or are injured due to the
negligence of a State employee or
volunteer, you may have a claim under
the Maryland Tort Claims Act. But if no
one was at fault, you may be without
coverage. Therefore…(see next slide)
Workers’ Comp. Continued…
Therefore, it would be a good idea to check
with your insurance company about
making sure that you are covered in case
you became ill or injured as a volunteer.
If you received a smallpox vaccination that
was authorized under the Smallpox
Emergency Personnel Protection Act of
2003 and become ill or injured, you
would be eligible for compensation under
that federal Act.
Thank You
If you have any questions, please email
them to the Board’s Emergency
Preparedness Coordinator at
[email protected]