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District Policies

Viewing Policy: BP 3331 Claims and Actions Against the Self-Insurance Risk Management Authority for Liability and Property



                                                                                                                                    BP            3331

Business and Non Instructional Operations

 

Claims and Actions Against the Self-Insurance

Risk Management Authority for Liability and Property

 

 

Any and all claims for money or damages against the San Benito County Office of Education must be presented to and acted upon in accordance with San Benito County Board of Education policy and administrative regulation.  Compliance with procedures is a prerequisite to any court action, unless the claim is governed by statutes or regulations which expressly fee the claimant from the obligation to comply with this policy and claims procedures set forth in the Government Code.

 

Pursuant to the authority contained in Section 935 of the Government Code of the State, the following claims procedures are established for those claims against the San Benito County Office of Education for money or damages now governed by the State or local laws:

 

(a)       Employee claims:  Notwithstanding the exceptions contained in Section 905

of the Government Code of the State, all claims by public officers or

employees for fees, salaries, wages, overtime pay, holiday pay, compensating time

off, vacation pay, sick leave pay, and any other expenses or allowances claimed due

from the San Benito County Superintendent of Schools when a procedure for

processing such claims is not otherwise provided by the State or local laws shall be

presented with the time limitations and in the manner prescribed by Sections 910

through 915.2 of the Government Code of the State.  Such claims shall further be

subject to the provisions of Section 945.4 of the Government Code of the State

relating to the prohibition of suites in the absence of the presentation of claims and

action thereon by the council.

 

(b)       Contract and other claims:  In addition to the requirements of sub-section (a)

of this section, and notwithstanding the exemptions set forth in Section 905 of the

Government Code of the state, all claims against San Benito County Superintendent

to Schools for damages or money, when a procedure for processing such claims is

not otherwise provided by State or local laws, shall be presented within the time

limitations and in the manner prescribed by Section 910 through 915.2 of the

Government Code of the State.  Such claims shall further be subject to the provisions

of Section 945.4 of the Government Code of the State relating to the prohibition of

suits in the absence of the presentation of claims and action thereon by the Council.

 

This policy is intended to apply retroactively to any existing causes of action and/or claims for money and/or damages.

 

 

Policy Adopted for First Reading:   December 8, 1994

Policy Adopted for Second and Final Reading:   January 12, 1995