Petaluma City Schools | BP 3320 Business and Noninstructional Operations
Claims And Actions Against The District
The Board of Education desires to ensure that the district's operations are conducted in a manner that minimizes risk, protects district resources, and promote 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 claim for money or damages not governed by the Government Claims Act (Government Code 810-996.6) or excepted by Government Code 905 shall be presented consistent with the manner and time limitations in the Government Claims Act, unless a procedure for processing such claims is otherwise provided by state or federal law. Such compliance is a prerequisite to any court action consistent with the provisions of Government Code 945.4.
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 to 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. Any changes to such information shall be filed within 10 days after the change in facts. (Government Code 53051)
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)
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 PETALUMA CITY SCHOOLS
adopted: June 25, 2002 Petaluma, California
revised: February 23, 2010
revised: February 22, 2011