1110.10 The purpose of this policy is to provide the public, District staff and Board of Trustees guidelines on how property damage claims are to be handled.

1110.20 When an individual first notifies District staff – in person, by telephone, or in writing – that damage has been done, or is being done to their property, and describing a set of circumstances or facts as to how the District is responsible, the person receiving the information will do the following:

      1110.21 Record the date and time of telephone calls or office visits, and takes notes as to the information provided by the plaintiff on the phone or in the office.

      1110.22 Do not discuss guilt or innocence or make any admissions that would implicate the District – staff should respond to questions, be cordial, but refrain from commenting on liability questions.

      1110.23 As the plaintiff to fill out a Vector Control Joint Powers Agency Claim Form B – Appendix 1110-B – that should always be available on request. The staff person should not assist in filling out the claim form. When completed and filed with the District, the claim form will be date stamped and a copy forwarded to the Litigation Manager at Bickmore Risk Services (VCJPA).

            1110.231 If an individual sends a letter or written request that appears to be a claim, a letter in response should be sent which asks for clarification and includes a claim form with a request that it be filled out if the individual wishes to file a claim. If the claim was received by mail, the envelope should be kept and forwarded to Bickmore Risk Services (VCJPA) as well, so that the date of mailing can be preserved.

      1110.24 Submit the claim information to the Manager, who will have the claim forwarded for review as soon as possible to the Litigation Manager at Bickmore Risk Services.

1110.30 Investigation of a potential claim by the VCJPA’s Litigation Manager should be done as soon as possible after it is filed. The District has the authority to settle small property damage claims on the spot if in the opinion of the District there is no question as to liability and a settlement is warranted. In this situation, the District will make the claimant fill out a release of liability (Appendix 1110-U).

      1110.31 Board members may go with staff to observe the status of the claim and investigation thereof. However, they will not perform independent investigation of claims handed by the VCJPA.

      1110.32 Claims for personal injury/wrongful death should not be investigated by District staff but should, instead, be immediately forwarded to the VCJPA.

      1110.33 All claim forms are forwarded to the Vector Control Joint Powers Agency (VCJPA) but claims in excess of the District’s insurance deductible should be expedited to the VCJPA.

      1110.34 Claim research should include photos, interviews, use of outside experts if appropriate, etc.

1110.40 Claims determined by the Vector Control Joint Powers Agency (VCJPA) to be justified – either because there is evidence that the District is responsible, or because allowance of the claim would be more cost effective that attempting to prove that the District was not responsible – should be resolved in the most direct and efficient manner possible.

      1110.41 If the claim is considered justified by the VCJPA and the repair work in minor, a work order should be prepared and the work performed as soon as possible.

            1110.411 Photos of the repair work should be taken when completed – “before” and “after” pictures to be placed in the claim file.

            1110.412 A signed release form – Appendix 1110-U – should be obtained from the plaintiff when the work is completed.

1110.50 Claims where the District’s responsibility is questionable should be referred to the VCJPA. The VCJPA will provide current information on the status of the claim to the Board of Trustees. The current “Handbook on Claims Procedures and Lawsuits Against Public Entities” prepared for the VCJPA by Bickmore Risk Services is available for a more detailed explanation of procedures on processing claims.

      1110.51 The Board of Trustees, in closed session, may review the information from the investigation, ask questions, and make requests for additional information.

      1110.52 The Board will consider the claim in closed session and will vote to accept or reject the claim. The Board will not accept a claim in an amount in excess of the District’s insurance deductible without prior written approval of the VCJPA.

1110.60 The District’s decision on how the claim is going to be handled will be communicated with the plaintiff as soon as is practicable.

Issued: July 12, 2022

Revised: May 20, 2008

Board Approval: November 2016 (no change)