Claims And Actions Against The District

Any claim against the district for money or damages shall be filed and acted upon in accordance with the Government Claims Act (Government Code 810-996.6) or other applicable law. Claims that are specifically excepted from the Government Claims Act by Government Code 905 and are not governed by any other statute or regulation may be filed and acted upon in accordance with district-established procedures pursuant to Government Code 935. Unless otherwise provided by law, a written claim shall be presented to and acted upon by the Governing Board in accordance with such procedures prior to filing a lawsuit against the district for money or damages. Time Limitations The following time limitations apply to the presentation of claims for money or damages against the district: - Claims for money or damages relating to a cause of action for death or for injury to person, personal property or growing crops shall be presented to the Governing Board not later than six months after the accrual of the cause of action. (Government Code 911.2) - Claims relating to any other cause of action subject to the Government Claims Act shall be filed not later than one year after the accrual of the cause of action. (Government Code 911.2) - Claims relating to childhood sexual assault and other causes of action which are specifically excepted from the Government Claims Act by Government Code 905 but are subject to a claims presentation procedure in another statute or regulation shall be presented to the Board in accordance with the applicable governing statute or regulation. (Government Code 905) - Claims relating to any cause of action which is specifically excepted from the Government Claims Act by Government Code 905 but is not governed by any other claim presentation statute or regulation shall be presented to the Board within the time limits specified in items #1 and #2 above, depending on the applicable cause of action. (Government Code 911.2, 935) Receipt of Claims A claim, any amendment thereto, or an application to present a late claim shall be deemed presented and received when delivered to the office of the Superintendent or deposited in a post office, subpost office, substation, or mail chute or other like facility maintained by the U.S. Government, in a sealed envelope properly addressed to the district office with postage paid or when otherwise actually received in the district office or by the Board secretary or clerk. (Government Code 915, 915.2) A claim may be submitted electronically in the manner specified by the Superintendent or designee. (Government Code 915, 915.2) Upon receipt of a claim against the district pursuant to the Government Claims Act, the Superintendent or designee shall promptly provide written notice to the district's joint powers authority or insurance carrier in accordance with the applicable conditions of coverage. Review of Contents of the Claim The Superintendent or designee shall review any claim received to ensure that the claim contains all of the following information as specified in Government Code 910 and 910.2: - The name and post office address of the claimant - The post office address to which the person presenting the claim desires notices to be sent - The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted - A general description of the indebtedness, obligation, injury, damage, or loss incurred insofar as it may be known at the time of presentation of the claim - The name(s) of the district employee(s) causing the injury, damage, or loss, if known - The amount claimed if it totals less than $10,000, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds $10,000, the dollar amount shall not be included in the claim and the claimant shall indicate whether the claim is a limited civil case of $25,000 or less. - The signature of the claimant or the person acting on the claimant's behalf Notice of Claim Insufficiency The Superintendent shall review all claims for sufficiency of information. If the claim is found insufficient or found not to satisfy the form requirements under Government Code 910 and 910, the Board or Superintendent shall, within 20 days of receipt of the claim, provide a notice in the manner specified in Government Code 915.4 stating with particularity the defects or omission in the claim. (Government Code 910.8, 915.4) The Superintendent or Board shall not act upon the claim until at least 15 days after such notice is given. (Government Code 910.8) Amendment to Claims Within the time limits provided in the section "Time Limitations" above or prior to final action by the Board, whichever is later, a claim may be amended if, as amended, it relates to the same transaction or occurrence which gave rise to the original claim. (Government Code 910.6) Late Claims Any person presenting a claim under item #1 or #2 above later than six months after the accrual of the cause of action shall present, along with the claim, an application to file a late claim in the manner specified in Government Code 915 and 915.2. Such claim and application to file a late claim shall be filed not later than one year after the accrual of the cause of action. The application shall include the proposed claim and shall state the reason for the delay in presenting the claim. (Government Code 911.4, 915, 915.2) If a claim is filed late and is not accompanied by an application to file a late claim, the Board or Superintendent may, within 45 days, give written notice that the claim was not filed timely and that it is being returned without further action. The Board or Superintendent shall grant or deny the application to file a late claim within 45 days after it is presented. This 45-day period may be extended by written agreement of the claimant and the Board or Superintendent provided that such agreement is made before the expiration of the 45-day period. (Government Code 911.6) The Board or Superintendent shall grant the application to file a late claim under any one of the following circumstances: (Government Code 911.6) - The failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the district was not prejudiced in its defense of the claim by the failure to present the claim within the time limit. - The person who sustained the alleged injury, damage or loss was a minor during all of the time specified for presentation of the claim. - The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified for presentation of the claim and the disability was the reason they failed to present the claim. - The person who sustained the alleged injury, damage or loss died before the expiration of the time specified for the presentation of the claim. If the application to present a late claim is denied, the claimant shall be given notice in substantially the same form set forth in Government Code 911.8 and in the manner specified in Government Code 915.4. (Government Code 911.8, 915.4) If the Board or Superintendent does not take action on the application to present a late claim within 45 days, the application shall be deemed to have been denied on the 45th day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement. (Government Code 911.6) Action on Claims Within 45 days after the presentation or amendment of a claim, the Board shall take action on the claim. This time limit may be extended by written agreement between the district and the claimant before the expiration of the 45-day period. If the 45-day period has expired, the time limit may be extended if legal action has not commenced or been barred by legal limitations. (Government Code 912.4) The Board may act on the claim in one of the following ways: (Government Code 912.4, 912.6) - If the Board finds that the claim is not a proper charge against the district, the claim shall be rejected. - If the Board finds that the claim is a proper charge against the district and is for an amount justly due, the claim shall be allowed. - If the Board finds that the claim is a proper charge against the district but is for an amount greater than is justly due, the Board shall either reject the claim or allow it in the amount justly due and reject it as to the balance. - If legal liability of the district or the amount justly due is disputed, the Board may reject or compromise the claim. - If the Board takes no action on the claim, the claim shall be deemed rejected. If the Board allows the claim in whole or in part or compromises the claim and the claimant accepts the amount allowed or offered to settle the claim, the Board may require the claimant to accept it in settlement of the entire claim. (Government Code 912.6) The Board or its designee shall transmit to the claimant written notice of action taken or of inaction which is deemed rejection. The notice shall be in the form set forth in Government Code 913 and shall be provided in the manner specified in Government Code 915.4.