"If a claim is submitted in letter format and is sufficient (in compliance), per the Government Code, the claim should be handled as if submitted on the district’s Claim Form; i.e., returned as insufficient, late or rejected."
REVISED CLAIMS PROCEDURE
January 22, 2004
To: JPA Representatives
From: Rick Rinear, JPA Risk Management
Subject: Tort Claim Reporting Form – Revised
We would like to clarify the Tort Claim Reporting procedure, as there has been some confusion about requiring all potential claimants to use a district-written Claim Form.
Effective April 1, 2003, Government Code Section 910.4 (a) requires public entities to provide a standardized Tort Claim Form that claimants use to file their claims for submission to districts.
The standard Claim Form (sample attached), must include information specified in Government Code Section 910 and 910.2. Districts can still consider claims “submitted” without the required form. Districts may consider a written claim without requiring the referenced claim form. The referenced claim form must be available when requested.
We are providing a sample Cover Letter for potential claimants who request the required form. Careful review of a claim is necessary for compliance or late filing.
If considered insufficient (not in compliance), the claim must be returned to claimant within 20 days from receipt. If a claim is submitted in letter format and is sufficient (in compliance), per the Government Code, the claim should be handled as if submitted on the district’s Claim Form; i.e., returned as insufficient, late or rejected.
The enclosed sample letter should only be used to forward a claim form to those claimants who request a form from the district.
...Please continue to forward claims when received to San Diego County Schools Risk Management JPA,...Attention: Rodger Hartnett, Property & Liability JPA Claims Coordinator. Rodger or Lisa Adriance-Jensen will recommend what action to take.
The letter above can be found here, at least, until SDCOE breaks the link to this public record. In anticipation of SDCOE's breaking the link, as is its practice, I've made a copy of the document here.
I wonder if the people who lost their homes in the recent fires in San Diego would like to have people like Rick Rinear, Diane Crosier, and Keenan and Associates handling their fire insurance. The good news is that these people don't handle home insurance. (But if you belong to Kaiser Permanente, they do handle your health care provider's insurance.
The bad news is that they handle insurance for our schools. Their lawyers work to make sure that no claim, no matter how meritorious, is settled honestly. The SDCOE-JPA is administered by Superintendent Randolph Ward.
If voters don't like this unethical behavior which is supposedly undertaken on behalf of the people of San Diego County, they might wish to tell these people:
Nick Aguilar, Board Member, Second District
phone: (858) 292-3609 email: firstname.lastname@example.org
Sharon C. Jones, Board Member, Third District
Phone: (858) 292-3609 Email: email@example.com
Susan Hartley, Board Member, Fifth District
phone: (858) 292-3609 email: firstname.lastname@example.org
Robert J. Watkins, Board Member, Fourth District
phone: (858) 292-3609 email: email@example.com
John Witt, Board Member, First District
phone: (858) 292-3609 email: firstname.lastname@example.org
- OR -
MAIL the County Committee (County Board of Education)...see attached word document.
(One signed letter with all board member names listed is fine; you can put a little note asking the secretary to copy the letter for each board member.)
ADDRESS THE ENVELOPE AS FOLLOWS:
Marcia Buompensiero, Executive Assistant
San Diego County Board of Education
6401 Linda Vista Road
San Diego, CA 92111-7399
- OR -
If you wish to CALL and leave a message for the Board members, contact: Marcia Buompensiero, Executive Assistant to the Board, Phone: (858) 292-3515, email@example.com