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Business & Non-Instructional Operations |
3532.1-AR |
LIABILITY
CLAIMS PROCEDURE
A. Purpose
and Scope
1. To provide
the method for claim presentation, its acknowledgment, rejection, and
processing with district's insurance carrier
2. To specify
the procedure to be followed upon receipt of a Summons and Complaint
B. General
1. Suggestions
or questions concerning this procedure should be directed to the Director of
Business Services.
2. All
persons expressing a desire to file a claim against the district should be
encouraged to use Claim for Damages, Form no. ASD/B-008, and follow the
procedure contained in Section D of this document.
C. Forms Used
and Additional References
1. Claim for
Damages, Form No. ASD/B-008
2. Claim
Rejection Letter, Form No. ASD/B-009
3. Application
to Present Late Claim Letter, Form No. ASD/B-018
D. Procedure
1. Procedure
for processing claims
a. All claims
against the district for damages to person or property are to be presented in
writing on Claim for Damages, Form No. ASD/B-008, or in conformity with
Government Code Sections 910 and 910.2
b. The
following items of information contained on Claim for Damages, Form No.
ASD/B-008, must be completed and if claim is submitted on other than prescribed
form, must be included on whatever document is used when presented to district
as a claim for damages:
1) The name
and address of the claimant
2) The Post
Office address where notices are to be sent
3) The date,
place and other circumstances of the occurrence
4) A general
description of the injuries, damages, or loss incurred so far as it is known at
the time of presentation
5) The name
or names of the school employee(s) involved in the occurrence for which claim
is made
6) The amount
claimed as of the date presented
7) The
signature of the claimant or someone in his behalf
c. All claims
must be submitted to the Director of Business Services. Upon receipt, the
recipient's name and the date received must be noted on the claim and the
envelope and both forwarded to the Director of Business Services.
d. If there
is a defect in a written claim, the Director of Business Services will advise
claimant of such defect within twenty (20) days from receipt of claim.
e. Upon
receipt of proper claim, the Director of Business Services will file original
and distribute copies immediately as follows:
1) Copy with
envelope and copy of Student Injury Report, Form No. 1007.060702, to district's
insurance carrier
2) Copy of
claim to Assistant Superintendent, Administrative Services, administrator of
facility involved, and safety administrator
f.
The claim, if received within the statutory time limit,
shall be placed on agenda of the Board of Education meeting with recommendation
for rejection.
g. After
Board rejects claim the Director of Business Services will notify claimant of
this action through the use of Claim Rejection Letter, Form no. ASD/B-009.
2. Procedure
for processing "Summons and Complaint"
a. If the
district or an employee (based on an incident when serving as a district
employee) is served with a Summons and Complaint, the recipient immediately
notes on the face the following:
1) Date and
place of service
2) Whether
served by mail or in person
3) The name
and position title or recipient
b. Recipient
submits original Summons and Complaint with notations to Director of Business
Services.
c. Director
of Business Services and all persons who were involved in the incident which
caused the issuance of the Summons and Complaint, advising them NOT TO DISCUSS
any aspect of the incident, claim and Summons and Complaint with anyone except
the representatives or attorneys of the district insurance carrier or the
employee's own attorney.
d. Director
of Business Services shall submit copy of Summons and Complaint to insurance
carrier immediately upon receipt.
3. Procedure
for processing application to file late claim:
a. All
applications to file a late claim must be presented in writing and submitted to
the Director of Business Services.
b. The
application will be placed on agenda of Board of Education meeting with
recommendation for rejection.
c. After
Board rejects application, the Director of Business Services will notify
claimant of this action by sending an Application for Presenting Late Claim
Letter, Form no. ASD/B-018.
E. Reports
Required
None
F. Record
Retention
Class I and II, permanent
G. Responsible
Administrative Unit
Director of Business Services
H. Approved
by:
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John Mullender |
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John O. Tynes |
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Responsible
Division Head |
Date |
Superintendent |
Date |