System Dynamics Society
Minutes of the Policy Council Meeting Summer 2010
Seoul, Korea
July 25, 2010
Attendance: Rogelio Olivia, President; Erling, Moxnes, Past President; Brad Morrison, Secretary; , Bob Eberlein, Vice President - Electronic Presence; David Andersen, Vice President - Finance; Andreas Grossler, Vice President - Meetings; Etienne Rouwette, Vice President - Member Services; George Richardson, Vice President - Publications; Brian Dangerfield, System Dynamics Review Executive Editor; Roberta Spencer, Executive Director; Policy Council Members Laura Black. Birgit Kopainsky. Martin Schaffernicht, and Enzo Bivona; and guest Khalid Saeed
Motion Regarding Workers’
Compensation Insurance
WHEREAS, the System Dynamics Society, Inc. (the “Society”) has a contract with the University at Albany (the “University”) regarding the employment of the Society’s staff and use of office space owned by the University; and
WHEREAS, the Society’s contract with the University requires the Society to maintain an appropriate workers’ compensation insurance policy for the employees of the Society (even though such employees are paid by the University pursuant to said contract); and
WHEREAS, the New York Worker’s Compensation Law requires that full-time and part-time employees whose work is directed by and who are subject to hiring and firing by the Society and its Policy Council are required to be covered by a workers’ compensation insurance policy acceptable to the New York State Workers’ Compensation Board; and
WHEREAS, the Workers’ Compensation Law allows, but does not require, an employer to exempt volunteer members of a governing or policy board as well as independent contractors from coverage under a workers’ compensation insurance policy.
AFTER DUE DELIBERATION by the Policy Council of the System Dynamics Society, Inc., at a meeting held by said Council on the 25th day of July, 2010, it is hereby
RESOLVED, that the Executive Director of the Society shall obtain a workers’ compensation insurance policy acceptable to the New York Workers’ Compensation Board for the benefit of the Society’s staff at the Society’s office on the campus of the University of Albany; and it is further
RESOLVED, that the Policy Council of the Society elects to exempt the current and future members of the Policy Council of the Society from coverage under such workers’ compensation insurance policy; and it is further
RESOLVED, that independent contractors, as that term is understood with respect to the United States Internal Revenue Code, the New York Tax Law, and the New York Workers’ Compensation Law, shall not be included within the coverage of the aforementioned workers’ compensation insurance policy unless the relationship between the Society and such independent contractors changes to the extent that such independent contractors cannot be considered an independent contractor; and it is further
RESOLVED, that the Executive Director of the Society shall collect any information necessary to identify individuals exempt from coverage under a workers’ compensation insurance policy and to complete any required application for a workers’ compensation insurance policy from the members of the Policy Council of the Society, the employees of the Society, and any independent contractors doing business with the Society; and it is further
RESOLVED, that the Executive Director of the Society shall, from time to time, update and amend as necessary the information provided to the Workers’ Compensation Board and the insurance carrier providing the Society a workers’ compensation insurance policy as members of the Policy Council of the Society are added and/or removed (whether because of the expiration of the member’s term or for some other reason); and it is further
RESOLVED, that the Executive Director of the Society shall comply with all requirements of the Workers’ Compensation Law and the Workers’ Compensation Board regarding notice to covered employees, notices to the Society’s workers’ compensation insurance carrier, and any claims that may arise with respect to the workers’ compensation employee policy.
Motion passed.
The meeting was adjourned at 3:42 pm.
Recorded by Secretary Brad Morrison.