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Hayward USD |  BP  3320  Business and Noninstructional Operations

Claims And Actions Against The District   

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The Governing Board desires to ensure that the district's operations are conducted in a manner that minimizes risk, protects district resources, and promotes the health and safety of students, staff, and the public. Any and all claims for money or damages against the district shall be presented to and acted upon in accordance with law, Board policy, and administrative regulation as well as the district's Joint Powers Authority (JPA) agreement or insurance coverage.

(cf. 3530 - Risk Management/Insurance)

(cf. 5143 - Insurance)

Claims for money or damages against the district that are governed by the Government Code Claims Presentation Act (Government Code Sections 810-996.6) shall be presented to the district in strict conformity with such laws and applicable Board Policies and Administrative Regulations, and shall be submitted on forms made available to the claimant by the district. Regardless of their content, uniform and administrative complaint submissions, intended to institute internal administrative investigations, proceedings, or reviews, do not comply with these obligations.

Claims for money or damages that are not subject to the Government Code Claims Presentation Act, or which are exempt from those laws pursuant to Government Code Section 905, shall still comply with these Board Policies and Administrative Regulations unless the claimant is expressly excused by law or Board Policy from such compliance.

Upon notice to the district of a claim or potential claim, the Superintendent shall take all necessary steps to protect the district's rights and interests, including prompt notification of the claim or potential claim to any party owing or potentially owing the district a defense or indemnification under a written contract, an insurance agreement, or a joint powers authority coverage agreement. Each district employee shall thereafter ensure that steps are proactively taken to protect the district's and its coverage providers' potential rights to secure reimbursement, payment, or recovery of any amounts paid or potentially payable as a result of the act, error, or omission of a third party.

Pursuant to the terms or conditions of any indemnity, coverage, or insurance agreement issued in favor of the district, a party accepting the district's defense and/or indemnity obligations is authorized to respond to and manage a claim made against the district. If the anticipated

defense, settlement or judgment with respect to such a claim is expected to involve a payment of district funds (other than a coverage deductible) or a change in district policies, procedures, rights, duties, or obligations, the Superintendent will determine the extent to which the district may or should be involved in the response or management of the claim.

To the extent a claim is not covered by an indemnity, insurance, or coverage agreement, and to the extent the district has a deductible or retention obligation under such agreements, the Board delegates to the Superintendent the authority to compromise, settle, defend, reimburse, or otherwise direct the payment of claims or defense expenses up to the sum of $50,000.

This policy applies retroactively to any existing causes of action and/or claims for money and/or damages.

Roster of Public Agencies

The Superintendent or designee shall file the information required for the Roster of Public Agencies with the Secretary of State and the County Clerk. This information shall include the name of the school district, the mailing address of the Board, and the names and addresses of the Board presiding officer, the Board clerk or secretary, and other members of the Board. (Government Code 53051)

Any changes to such information shall be filed within 10 days after the change has occurred. (Government Code 53051)

Legal Reference:

EDUCATION CODE

35200 Liability for debts and contracts

35202 Claims against districts; applicability of Government Code

CODE OF CIVIL PROCEDURE

340.1 Damages suffered as result of childhood sexual abuse

GOVERNMENT CODE

800 Cost in civil actions

810-996.6 Claims and actions against public entities

6500-6536 Joint exercise of powers

53051 Information filed with secretary of state and county clerk

PENAL CODE

72 Fraudulent claims

COURT DECISIONS

City of Stockton v. Superior Court, (2007) 42 Cal. 4th 730

Connelly v. County of Fresno, (2006) 146 Cal.App.4th 29

CSEA v. South Orange Community College District, (2004) 123 Cal.App.4th 574

CSEA v. Azusa Unified School District, (1984) 152 Cal.App.3d 580

Management Resources:

WEB SITES

California Secretary of State's Office: http://www.sos.ca.gov

Policy HAYWARD UNIFIED SCHOOL DISTRICT

adopted: November 18, 1991 Hayward, California

revised: March 24, 2010

revised: January 30, 2013