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Ukiah USD |  BP  3320  Business and Noninstructional Operations

Claims And Actions Against The District   

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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