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Volunteer Service Limitations and Liability
Conflict-of-Interest
Copyright Law
Equal Opportunity
Liability
Any situation that has the potential to imply that Colorado State University promotes or endorses a private business or product could be a conflict-of-interest. In some situations, it may be to the best interest of both parties to formally establish a cooperative business agreement. This is done by University officials closely following federal regulations.
Most conflict-of-interest problems arise from implied endorsement, i.e., to imply that the service is provided by or in collaboration with Colorado State University, or to imply that Colorado State University is recommending a business or product.
CMG volunteers with green industry connections must exercise caution to avoid any potential conflict-of-interest situations.
- CMG volunteers may be identified as Colorado Master Gardener (or otherwise affiliated with CSU) ONLY while serving in authorized Colorado Master Gardener activities.
- Volunteers with green industry connections may NOT use Colorado Master Gardener activities as a source of business contacts.
- “Colorado Master Gardener” (or other indicators suggesting affiliation with CSU) may NOT be used on any marketing materials for private business.
- CMG volunteers may not wear CMG name badges or CMG clothing items while working as an employee or owner of a nursery, garden center, or other business.
- It is acceptable to list CMG training and volunteer experience on a resume or job application going to a few selected individuals.
Colorado Gardener Certificate
The Colorado Gardener Certificate implies participation in training only. Since it does not imply that the holder is representing the CSU Cooperative Extension System as a volunteer, it MAY be use to establish a person's credentials for marketing purposes. For example, the holder may state in marketing materials that they have completed the CSU Cooperative Extension Colorado Gardener Certificate Training. They may post the certificate in a place of business.
Colorado Master Gardeners (who have completed basic training and their first 50 hours of volunteer service) may also use the title Colorado Gardener Certificate to establish credential in a non-CMG situation. If they desire the certificate for personal or business purposes should notify their local agent.
"Master Gardener"
The term “Master Gardener” (without any reference to the CSU Cooperative Extension System at the state or county level) is considered generic and is used by many organizations and businesses. It may be used in situations not affiliated with the CSU Cooperative Extension System. Use however, use is discouraged.
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In CMG work, volunteers must not violate copyright laws.
Cooperative Extension gives permission to Colorado Master Gardeners to make copies of our fact sheets as part of their CMG work. (However, they are generally available free from the county office or off the web site.) Copies must be of acceptable quality, of the current version, and made without changes. Permission to copy CSU materials does not extend to charge bulletins, CMG training materials (except CMG fact sheets) or print materials.
Copyright law prohibits making multiple copies of any material for group distribution without permission of the copyright holder.
For additional information on copyright, refer to the CMG fact sheet #C17, Using Copyrighted Materials: Are You Legal?
By way of policy, Colorado State University Cooperative Extension, Colorado Master Gardener Program holds the copyright on any educational materials developed by CMG volunteers IF the volunteer received credit (volunteer hours) for the development of the product.
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Cooperative Extension programs are available to all without discrimination. Colorado State University has zero tolerance for discrimination based on:
- race
- gender
- age
- sexual orientation
- color
- veteran status
- religion
- disability
- national origin
- handicap
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While working in official Colorado Master Gardener activities (as volunteer, non-paid University staff) CMG volunteers are covered by University liability insurance for mis-information provided they are using research/knowledge based information and applying good judgment. (This means that the University may assist with a defense if it is in the best interests of the University.) A CMG volunteer will not be covered if they go out-on-a-limb with personal information or information from special interest groups.
A CMG volunteer would not be covered for information shared outside of official CMG activities.
Colorado Master Gardeners are not authorized to give legal or medical related advice, for example:
- CMG volunteers do NOT address hazard tree issues (concerns about the potential for a tree to fall on a house or other structure resulting in injury or property damage.) Rather refer the client to a certified arborist. [legal issue]
- CMG volunteers do NOT address poisonous plant questions. Rather refer the client to poison control. [medical issue]
- CMG volunteers do NOT advise on the medical use of herbs. [medical issue]
- All reference to the use of pesticides (both organic and manufactured) must come directly from Cooperative Extension print materials or pesticide industry label materials. For more in-depth information, the client must be referred to the county agent.
- For information on “how toxic” a pesticide is, refer the client to the National Pesticide Information Center at 1-800-858-7378. [legal issue]
- CMG volunteers do not advise on the mis-use of pesticides. Rather refer the client to the Colorado Department of Agriculture. [legal issue]
As non-paid staff, CMG volunteers are NOT covered by workmen’s compensation or other medical insurance.
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Prepared
by David Whiting
Updated and printed
February 6, 2006