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Manhattan Beach USD |  BP  4356.3  Personnel

Employee Property Reimbursement   

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The Governing Board authorizes the Superintendent or designee to pay the cost of replacing or repairing any verified loss of employee personal property, except for cash or edible items, which has been stolen or intentionally destroyed or damaged, through no fault of the employee, while being used for work-related purposes.

No reimbursement shall be made for accidental damage or for any loss due to lack of personal supervision or failure to keep property in a secured area.

Personal Property - Work-Related

Reimbursement for personal items used for work-related purposes shall be made only if:

1. Use of the personal property was approved by the principal, site supervisor or designee before the property was brought to school or District premises; and

2. At that time, the employee and District representative agreed on the value of the property.

The maximum payment shall be the amount agreed upon by the employee and District representative or the amount specified by the District's insurance carrier for such loss, whichever is less. (Education Code 35123)

Private Vehicles and Personal Property- Non-Occupational

The District does not accept liability or responsibility for any employee non-occupational personal property, nor does it accept liability or responsibility for loss or damage to employee vehicles when such vehicles are parked adjacent to or at a District work site or otherwise being used for District business, except when it is determined that the District is liable or negligent.

However, as an employee benefit, the District may provide assistance to employees when items identified as being for personal use not specifically required by an employee's supervisor for use in the performance of his/her duties but which must necessarily be worn or carried at work (e.g., a briefcase, handbag, clothing, or glasses) are stolen or intentionally destroyed or damaged. Such assistance may be provided only if reasonable precautions had been taken to secure the item and if the loss or damage is through no fault of the employee.

In addition, the District may provide assistance to employees when their automobile is vandalized or damaged while parked on (or immediately adjacent to) school grounds or other District premises. Collision is not covered.

In accessing this assistance, the employee's personal insurance coverage shall be primary. Reimbursement under this program shall be excess of the employee's insurance and shall also be secondary to any reparation or reimbursement made by any individual or by the parent/guardian of any minor who has caused the property loss or damage.

(cf. 3515.4 - Recovery for Property Loss or Damage)

(cf. 5131.5 - Vandalism and Graffiti)

Reimbursement shall not be made for any personal property (excluding automobiles) having a value of less than twenty-five dollars ($25) at the time of damage or theft, nor shall any payment be made for repairs of less than twenty-five dollars ($25). This limitation is to be applied to each item and not to be considered cumulative in nature. The maximum reimbursement is limited to the lesser of the employee's insurance policy deductible or, for personal property, two hundred fifty dollars ($250) or, for automobile damage, five hundred dollars ($500).

All requests for assistance may be subject to formal claims adjustment procedures as related to proof of purchase, depreciation, and condition/age of item.

The employee will submit with the request for assistance sufficient evidence to determine the validity of the request and the value of the property, including:

1. Receipts for the original purchase of the damaged/lost/destroyed item(s)

2. Appraisals for the damaged/lost/destroyed item(s)

3. Receipts for the repair or replacement of the damaged/lost/destroyed item(s) (a request for reimbursement for damage to a vehicle must be accompanied by two estimates for the cost for repair, photos, and proof of ownership)

4. A copy of the police report or case number or a written witness report documenting the damage or loss (secured within 24 hours of the incident)

5. A copy of the amount covered by the individual's insurance for reimbursement of insurance deductible (if applicable)

Requests for assistance, other than claims submitted in accordance with applicable Government Code sections, must be filed within ten (10) working days of the date of loss or damage.

Each request for assistance by an employee will be judged on its individual merits.

This policy should not be construed as a restriction regarding an employee bringing personal property on District property at the employee's own risk subject to any other provisions in Board Policy.

Legal Reference:

EDUCATION CODE

35213 Reimbursement for loss, destruction or damage of personal property

48904 Liability of parent/guardian for willful misconduct; withholding of grades, diplomas and transcripts

CIVIL CODE

1714.1 Liability of parent or guardian for act of willful misconduct by a minor

Policy MANHATTAN BEACH UNIFIED SCHOOL DISTRICT

adopted: January 20, 2016 Manhattan Beach, California