Ukiah USD | BP 3320 Business and Noninstructional Operations
Claims And Actions Against The District
The Board of Education desires to conduct district operations 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 the Government Claims Act or other applicable state or district procedures, as well as the district's joint powers authority (JPA) agreement or other insurance coverage.
Compliance with the district claim procedures is a prerequisite to pursuing any court action pursuant to the California Government Claims Act. In particular, compliance with the district claim procedures is required for all claims that are excepted by Government Code section 905, which exception is overridden by this board policy and related administrative regulation pursuant to Government Code section 935.
This Policy and the accompanying regulation are retroactive and shall apply to all potential claims, including any that may have accrued as of the effective date of this Policy and regulation.
(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) shall be presented consistent with the manner and time limitations in the Government Claims Act, unless a procedure for processing such claims is otherwise required by state or federal law.
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.
Roster of Public Agencies
Within 10 days of any change in the name of the district, the mailing address of the Board, or the names and addresses of the Board president, the Board clerk or secretary, or other Board members, the Superintendent or designee shall file the updated information with the Secretary of State and the County Clerk. (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
Big Oak Flat-Groveland Unified School District v. Superior Court of Tuolumne County, (2018) 21 Cal.App.5th 403
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 UKIAH UNIFIED SCHOOL DISTRICT
adopted: November 12, 2013 Ukiah, California
revised: February 16, 2017
revised: June 18, 2019