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Tuolumne COE |  BP  3515.4  Business and Noninstructional Operations

Recovery For Property Loss Or Damage   

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Damage to Real Property

1. Intent

It is the intent of the Tuolumne County Board of Education and the County Superintendent of Schools to curb vandalism to school property and to recover damages for any school property. It is further the intent of the County Board and the County Superintendent to recover damages to the maximum extent allowed by law from the parent/guardian of a minor who willfully cuts, defaces or otherwise injuries in any way property, real or personal, belonging to the County Office.

2. Reports

Every employee of the County Office shall report all damage to school property to the County Superintendent or his/her designee immediately after such damage is discovered.

3. Investigation

The County Superintendent or his/her designee shall make a full and complete investigation of any damage to school property and shall make every effort to determine the identity of the person or persons responsible for such damage. Such investigation shall be carried out in cooperation with law enforcement officials, if appropriate.

4. Reward

If the County Superintendent is unable to determine the identity of the person or persons responsible for any damage to the County Office property, he/she may offer a reward in any amount that he/she deems appropriate for information leading to the determination of, the identity of and apprehension of any person who willfully damages or destroy any property belonging to the County Office.

5. Payment of Reward

The reward shall be paid to the first person who provides sufficient information that leads to the determination of the identity of the apprehension of the person or persons responsible for the damage. If more than one person is needed to provide sufficient information to determine the identity of the persons responsible, the reward shall be divided equally among such persons. The County Superintendent shall determine what person or persons are entitled to the reward and is authorized to pay the reward after each of the following conditions have been met:

a. The person or persons claiming the reward has provided sufficient information so that the identity of the person responsible for the damage is known;

b. The County Superintendent is satisfied that the person or persons named were responsible for the damages; and

c. The identity of the person claiming the reward shall be confidential and shall not be divulged to the public.

6. Insurance Subrogation

If the damage is covered by an insurance policy, the County Superintendent shall make every effort to recover the damage prior to filing a claim with the insurance carrier if time permits. If time does not permit, the County Superintendent shall obtain a subrogation agreement from the insurance carrier and proceed to recover the damages as provided in this regulation.

7. Recovery of Damages

Upon completion of the County Superintendent's investigation, the County Superintendent and the County Office's legal counsel are authorized and directed to take all practical and reasonable steps to recover the property damage for the negligent, willful or unlawful damaging or taking of any property of the County Office, including filing a civil complaint in a court of competent jurisdiction to recover damages from the responsible person or if the responsible person is a minor, from the parent/guardian of such minor. Said damages shall include the damage to the property, the payment of any reward, interest, court fees and all other damages as provided by law.

8. Forms

The County Superintendent shall adopt whatever details (report form, etc.) necessary to carry out this regulation.

Legal Reference:

EDUCATION CODE

19910 Libraries, malicious cutting, tearing, defacing, breaking or injuring

19911 Libraries, willful detention of property

44810 Willful interference with classroom conduct

48904 Liability of parent or guardian for willful misconduct; withholding of grades, diplomas and transcripts

CIVIL CODE

1714.1 Liability of parent or guardian for act of willful misconduct by a minor

GOVERNMENT CODE

53069.5 Reward for information concerning person causing death, injury, or property damage; liability for reward

53069.6 Actions to recover damages

54951 Local agency, definition

61601.1 Graffiti abatement district

PENAL CODE

484 Theft defined

594 Vandalism

594.1 Aerosol paint and etching cream

640.5 Graffiti; facilities or vehicles of governmental entity

640.6 Graffiti

Policy TUOLUMNE COUNTY SUPERINTENDENT OF SCHOOLS

adopted: May 30, 2008 Sonora, California