1. Jessica Brodey September 16, 2009 AT Conference on Reutilization

2.  What is liability?  How do I mitigate liability?  Where do I start?  Utilize Resources  Insurance  Policies and Procedures

3.  Liability means legal responsibility for actions or activities (and any problems or injuries that arise from those actions or activities).  Legal responsibility can result in expenses – the costs for repairing or fixing, litigation, or damages.  Affect reputation.  Unhappy consumers = claims of liability

4.  Insurance  Develop organizational structure/staffing  Identify reuse activities  Create Policies and Procedures

5.  Who will you insure?  For what activities?  Activities must reflect/be consistent with your coverage  Types of insurance: ◦ Directors & Officers ◦ Key Person Insurance ◦ Employees ◦ Volunteers ◦ Car/Driver ◦ Facilities ◦ Inventory ◦ Activities ◦ Property

6.  Determine appropriate organizational structure (corporation, sole proprietorship, 501(c)(3))  Independent or affiliated?  Identify staffing needs ◦ Employees ◦ Volunteers ◦ Contractors/Partners

7.  Exchange  Reassign/Redistribute  Refurbish  Recycle  Narrow the scope – start small and build

8.  Topic Overview: ◦ Define policies and procedures ◦ Why should we care about policies and procedures? ◦ Utilize resources ◦ Prioritize policies and procedures

9.  Policies: ◦ High-level guidelines. ◦ A policy is a plan of action to guide decisions and actions. ◦ Provide ground rules for effective interactions. ◦ Reflect high-risk areas of care. ◦ Policies are usually based upon accepted, well- defined norms/standards of practice. Norms/standards articulate what is done, who is served, and what resources are needed.

10.  Procedures: ◦ Procedures delineate the processes and activities necessary to implement policies; in other words, the day-to-day operations. ◦ Procedures are usually based on professional guidelines when they are available. ◦ Procedures provide step-by-step guidance for basic organizational activities (e.g., client intake, santization, delivery of products).

11.  Means to mitigate liability  Provide a structure to ensure practices are performed appropriately  Safeguard to avoid mistakes  Guidelines for accountability  Help with continuity  Presumption that you “did it right.”

12.  Affiliated with a broader organization or an umbrella organization? ◦ University ◦ Government Agency ◦ 501(c)(3) ◦ Partner ◦ Board members

13.  Policies and procedures are constantly evolving and ongoing – cannot ever get them “perfect.” ◦ Always room for improvement ◦ Always additional things to be added ◦ Programs are always growing and changing  Identify which of the categories are most “critical” to the core operations of your program  Identify which of the categories pose the most risk/exposure for your program

14.  Organizational Structure  Governance & Management  Insurance  Consumer Involvement  Human Resources  Finance and Accounting  User Services  Program Operations  Marketing and Public Relations  Outcomes  Partners/Collaboration  Sustainability  Disaster Preparedness

15.  High Priority ◦ User Services ◦ Program Operations ◦ Insurance  Moderate Priority ◦ Organizational Structure ◦ Governance & Management ◦ Consumer Involvement ◦ Human Resources ◦ Finance and Accounting ◦ Marketing and Public Relations ◦ Partners/Collaboration ◦ Sustainability  Low Priority ◦ Outcomes ◦ Disaster Preparedness

16.  User Services ◦ Client Intake ◦ Equipment Matching ◦ Training ◦ Technical Assistance ◦ Delivery ◦ Follow Up ◦ Website Operations  Program Operation ◦ Facilities ◦ Acquisitions/Donations ◦ Inventory Management ◦ Evaluation ◦ Repairing/Refurbishing ◦ Sanitization ◦ Storage ◦ Distribution/Transportation of Equipment ◦ Disposal/Recycling ◦ Website Operations

17.  View Policies and Procedures as your road map to success  Liability issues are a series of questions you need to answer – What, When, How, Why, Where, Who.  Addressing these questions will become your road map for operating your program.

18.  Start slow – it is better to delay providing services and get the planning and structure in place.  Insurance coverage is critical.  Address organizational structure/staffing.  Focus on activities ◦ Pick one ◦ Break it down into parts – think Who, What, When, Where, How and Why. ◦ Write it all out on paper.

19. Jessica Brodey JMB Policy Consulting (301) 770-1127 jessica@passitoncenter.org