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Muskegon City Library board delays decision on volunteer waiver after legal briefing
Summary
After a legal briefing on Wisconsin Stat. 893.80 and insurance issues, the Muskegon City Library Board voted to defer action on a proposed volunteer waiver until its September meeting to gather more information from the Friends group and city staff.
The City of Muskegon Library Board on Aug. 19 delayed action on a proposed volunteer waiver after a detailed legal briefing from the city attorney and questions from board members.
City Attorney Jeff Wardrell told the board that Wisconsin Stat. 893.80 requires notice and timing rules for claims against governmental entities and that those rules affect how releases and waivers function. "If you're going to bring a claim against the city, you have a hundred and 20 days," Wardrell said, adding that an early formal denial of a claim shortens the time for a lawsuit to six months. He also summarized the state caps on liability: $50,000 for most municipal claims and a higher cap (discussed at $250,000) when a city-owned vehicle is involved.
The legal briefing covered practical consequences for the proposed volunteer waiver and other risk controls. Wardrell said the waiver in draft mirrors language used elsewhere in the city and that the Wisconsin Supreme Court has been skeptical of some releases, so "I can't say with a 100% [certainty] it'll hold up," but he described the form as as legally robust as practicable. Legal intern Megan Degner explained who would be liable depending on sponsorship and negligence: events run and sponsored by the library would typically fall under the library's liability and insurance; events run solely by the Friends of the Library would fall under the Friends' insurance.
Board members raised specific concerns about juvenile volunteers, background checks, and the burden on community organizations. Wardrell and Degner recommended basic background checks (for adults) and discussed the districtwide Raptor-style ID check used by schools; Degner said a citywide approach could lower costs. The city attorney also recommended requiring insurance endorsements (additional insured, waiver of subrogation, primary coverage, and notice of cancellation) from outside organizations that sponsor or run events on library property.
After discussion, a board member moved to amend the earlier approval and to defer action on the waiver. The board voted to table the matter and return it at the September meeting so staff could: (1) confirm whether the Friends of the Library have appropriate insurance and endorsements, (2) explore use of a shared background-check tool such as Raptor on a citywide basis, and (3) finalize an electronic workflow (DocuSign) for collecting volunteer waivers.
The board did not adopt the waiver at the Aug. 19 meeting. Members said they want clearer guidance for staff on when waivers are required (for juvenile volunteers and certain higher-liability events) and more information from the Friends and other local partners before approving a policy.
Next steps: staff will contact the Friends of the Library about their insurance and endorsements, research Raptor and other background-check options with the mayor's office and city departments, and return a revised proposal to the board in September.
