One of the first orders of business for Mr. Lofton should be the disposition of the May Day Event.

One of the first orders of business for Mr. Lofton should be the disposition of the May Day Event.

 

Is the May Day Committee an independent contractor whereby the Town has no say in the matter in which the event is conducted or could the May Day Committee be considered as Volunteers of the Town, similar to the Committee for the Wild Azalea festival?

If The May Day Committee and event are  Independent Contractors without Town Controls, etc, then insurance shall have to be secured because there is no coverage for them under the Town’s Insurance Trust.  If they are volunteers, the Town will cover the event under the Florida Trust liability.

Although Mr. Lofton has already worked with Chief Rodriquenz regarding the layout for the Festival, if Willie Jefferson had made changes then Mayor Lofton would have to determine whether those changes were in order or if the event should be as Mayor Lofton has decided.

Our Town has never required certificates of insurance under one’s homeowners policy or business policy holding the Town Harmless for the maintenance and use of the Community Center, and adding the Town as an additional insured.Nor has the Town required vendors to provide such insurance including Products Liability (the food or merchandise sold).   If the vendor is an independent contractor solely, that vendor should be provided a special event policy covering not only the Town’s premises and operations but also Products Liability so that one would be covered.

If the May Day Committee is considered to be volunteers of the Town, then the May Day committee shall determine who and what vendors are allowed in the festival and they shall control the foods that are provided, unless there is a Kiosk by a restaurant who has full insurance and may provide evidence of insurance.  Our Town has never made up applications for vendors to my knowledge or wording to protect the Town which is part of the Town Attorney’s duties .

To determine whether a person is an employee/ volunteer or an independent contractor, the following weight factors must be determined to identify the degree of control it has in the relationship with the person.

  • Does the Town/Town Council control or have the right to control what the committee/volunteers do and how the volunteers do the job?
  • Does the Town control the business aspects of the volunteer’s job?  These include arrangements like how the volunteer is paid, whether expenses are reimbursed, and who provides tools and supplies. (The Town would need to provide the supplies if the May Day Committee would be considered part of the Town and any profits would go to the Town of White Springs)  THIS MAYOR LOFTON MUST STATE TO THE COMMITTEE AND MUST BE AGREED UPON FOR A NEW RESOLUTION.
  • Is there a written contract or employee benefits such as a pension plan, insurance, or vacation pay? Remember no one reads contracts in White Springs before signing them and that is something that needs to cease and desist.
  • Will the relationship continue and is the event and the work done by the May Day Committee a key aspect of the Town of White Springs?

The Internal Revenue Service uses a right-to-control test to assess a  tax liability.  Visit the IRS websitevisit disclaimer page for more information.

Currently if the May Day Event elects to be an independent Contractor they should form an LLC so they would be considered an entity or possibly a non-profit organization.  This would involve an attorney that understands the situation.

 

Karin for the blog

 

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