Newport-Mesa USD | BP 3320 Business and Noninstructional Operations
Claims And Actions Against The District
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)
Any and all claims for money or damages against the district must be presented to and acted upon in accordance with the following procedures. Compliance with these procedures is a prerequisite to any court action, unless the claim is governed by statutes or regulations that expressly free the claimant from the obligation to comply with this policy and the claims procedures set forth in Government Code 900.
1. Claims for money or damages relating to a cause of action for death or for injury to person, personal property, or growing crops shall be presented to the Board not later than six months after the accrual of the cause of action. (Government Code 905, 911.2)
2. Claims for money or damages as authorized in Government Code 905 and not included in paragraph 1 above shall be filed not later than six months from the date the cause of action accrues. (Government Code 905, 911.2)
3. Claims for money or damages specifically excepted from Government Code 905, including but not limited to claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances, shall be filed not later than six months after the accrual of the cause of action. (Government Code 905, 911.2, 935)
Upon notice to the district of a claim, the Superintendent or designee shall take all necessary steps to protect the district's rights under any applicable contractual agreements, including the right to indemnification from its insurance or other coverage provider.
In accordance with Government Code 935.4, the Board delegates to the Superintendent or designee the authority to allow, compromise, or settle claims of $50,000 or less pursuant to any conditions of coverage in the district's JPA agreement or insurance.
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 NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: November 8, 2011 Costa Mesa, California