BP 3320 — Claims and Actions Against The District

Section: 3000 - Business and Non-Instructional Operations
Status: Active

Adopted: 2021-09-09

Policy text

CLAIMS AND ACTIONS AGAINST THE DISTRICT

The Governing Board 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.

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.

Local Claims Procedure Pursuant to Government Code Section 935

The California Tort Claims Act generally covers all claims for money or damages against the District with some specific exemptions. Government Code section 935 authorizes a local public entity such as the District to prescribe a procedure for claims against it for money or damages which are exempted by other provisions in the Tort Claims Act. This Board Policy contains the local claims procedures pursuant to Government Code Section 935 to cover all exempted claims for money or damages.
Notwithstanding the exemptions set forth in Government Code Section 905, all claims for money or damages against the District, 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 Government Code Sections 900 through 915.2. This Board Policy requires that all categories of claims which are exempt from the filing requirement in Government Code Section 905 nonetheless must be filed pursuant to this local claims procedure, as authorized by Government Code Section 935.
It is requirement that any and all claims be presented and acted upon as a prerequisite to any lawsuit thereon. Any and all claims shall be subject to the provisions of Government Code Section 945.4 relating to the prohibition of lawsuits in the absence of claims and action thereon by the Governing Board.
The local claims procedure in this Board Policy prescribed pursuant to Government Code Section 935 is effective January 25, 2000.

Roster of Public Agencies

Within 30 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.