3530 - Insurance and Risk Management - Procedure

Risk Management Program

Management and control of the San Bernardino County Superintendent of Schools’ Risk Management Program and any and all insurance authorized by the Office of the County Superintendent of Schools shall be a function of the Risk Management Services Department.

The Director of Risk Management Services will make recommendations to the County Superintendent of Schools for appropriate action regarding all claims, summons and complaints, and other legal notices involving the San Bernardino County Superintendent of Schools. Additionally, the Director of Risk Management Services shall assist and advise the Assistant Superintendent, Human Resources, in matters relating to risk management and insurance.

The Director of Risk Management Services shall recommend rules and procedures, consistent policy, and applicable codes to ensure the safety and well-being of students, employees and the public while on or in San Bernardino County Superintendent of Schools’ property. Such rules and procedures shall be designed to maintain the San Bernardino County Superintendent of Schools’ liability at a minimum and insurance premium as low as possible consistent with insurance requirements and the exposures insured.

The latest available professional risk management techniques shall be utilized to identify, analyze, and minimize risks inherent in the operation of the San Bernardino County Superintendent of Schools’ programs.

Risk considered to be unretainable shall be transferred. Such transference shall normally be through the purchase of insurance however; the use of “pooling” agreements is permissible if considered in the best interest of the San Bernardino County Superintendent of Schools.

Management Responsibilities

1. It shall be the responsibility of each manager to be constantly alert to the risks inherent in his or her area of operation and to make every effort to minimize such risks.

2. Managers should educate employees concerning their responsibilities under the Risk Management Program and enlist their support in minimizing risks.

3. Each manager shall be charged with the safekeeping of all assets within the operation and with the security of the facility which houses the operation unless that duty has been specifically charged to another person.

4. Each manager shall be responsible for the following activities:

1. Completion of questionnaires and survey forms on existing activities.
2. Notification of new or proposed activities to Risk Management Services.
3. Cooperation with Risk Management and/or Maintenance, Operations, and Transportation for on-site inspections and analyses of physical operations.
4. Ensure work orders are submitted when hazards are identified.

Placement of Insurance

1. Risk Management Services shall make every effort to obtain insurance coverage at the most economical cost, consistent with required service, by obtaining quotations, by competitive bidding, or through negotiation, using whichever method is considered most advantageous to the San Bernardino County Superintendent of Schools.

2. The Director of Risk Management Services shall report insurance requirements, together with all relevant information including premium quotations, and recommendations for placing such insurance to the Assistant Superintendent, Human Resources, for consideration.

3. Upon authorization by the County Superintendent of Schools, the Director of Risk Management Services shall acquire such insurance in accordance with said authorization and the relevant provisions of these procedures.

4. In the absence of the County Superintendent of Schools, the Director of Risk Management Services shall acquire insurance and notify the San Bernardino County Superintendent as soon as possible.

5. The Director of Risk Management Services shall be responsible for maintaining continuous coverage of all insurance programs mandated by law or policy.

Types of Insurance Protection

The following insurance shall be conducted in accordance with applicable rules and regulations and/or such self-insurance programs as the County Superintendent of Schools may authorize.

1. Fire and all risk coverage insurance covering all buildings at replacement cost which are owned or occupied by the San Bernardino County Superintendent of Schools; coverage for San Bernardino County Superintendent of Schools-owned or leased equipment at actual cash value or other such valuation as determined by the Director of Risk Management Services. Insurance coverage shall be in such amounts as authorized by the County Superintendent of Schools.

2. Comprehensive general liability to include cyber risk and auto liability insurance for San Bernardino County Superintendent of Schools’ owned vehicles or a self-funded program covering County Superintendent of Schools, members of the board, officers and employees while acting in the discharge of their duties within the scope of their employment and/or under the direction of the County Superintendent of Schools. School leader’s Errors and Omissions coverage shall be addressed and included in the comprehensive general liability package or as a separate policy. All policies shall be written on an occurrence basis, if available.

3. Fidelity bonds protect the San Bernardino County Superintendent of Schools against loss occasioned by fraud or dishonesty of officers, employees, and agents of the San Bernardino County Superintendent of Schools.

4. Workers’ Compensation insurance or a self-funded program covering all employees and volunteers of the San Bernardino County Superintendent of Schools pursuant to the Labor Code of the State of California and sufficient to provide benefits as prescribed by law.

5. Casualty, fire, theft, and extended coverage insurance on selected vehicles owned or operated by the San Bernardino County Superintendent of Schools to the limits as authorized by the County Superintendent of Schools.

6. Equipment breakdown insurance (boiler and machinery) covering boilers, pressure vessels, heating, ventilating, air conditioning and electrical equipment to such limits as authorized by the County Superintendent of Schools.

7. Crime insurance covering such monies and property as specified by the County Superintendent of Schools.

8. Such other insurance coverage as the County Superintendent of Schools may authorize.

Insurable Value - Buildings and Contents

1. The insurable value of a building shall be defined as the replacement cost of such building less the non-insurable items set forth in the insurance agreement.

2. The term “contents” as used in connection with insurance, shall be defined to include all personal property not specifically excluded by the terms of the standard form for fire insurance policies.

Settlement of Losses

When any property covered by insurance is lost, damaged, or destroyed, a notice concerning the loss shall be sent immediately to all affected carriers or their representatives. The Director of Risk Management Services shall function as adjuster for the San Bernardino County Superintendent of Schools in the settlement of losses and shall sign the Proof of Loss as authorized. The County Superintendent of Schools shall approve settlement amounts and the agreed amounts shall be collected from the insurance company(ies) and deposited to the credit of the San Bernardino County Superintendent of Schools in accordance with procedures governing such collection.

Liability Claims Procedures

All Claims for Damages filed with the San Bernardino County Superintendent of Schools pursuant to the Government Code of the State of California shall be forwarded immediately to the Director of Risk Management Services who will refer the claim to the appropriate insurance carrier or self-insurance administrator for recommendation regarding acceptance or rejection. Such recommendations shall be presented to the County Superintendent of Schools for approval. For all claims rejected by the County Superintendent of Schools or designee, a written notice of rejection shall be sent to the claimant advising the statute of limitations for filing court action pursuant to Section 945.6 of the Government Code of the State of California.

Generally, requests for permission to file late claims shall go to the County Superintendent of Schools with a recommendation for denial. Exceptions may be made such as in the case of claims on behalf of minors, wherein the Government Code mandates the granting of a request to file a late claim.

Service of Summons and Complaint and Subpoenas

The following procedures outline what steps must be taken when the San Bernardino County Superintendent of Schools is served with a Summons and Complaint or Subpoena. The following procedures do not apply to Subpoenas Duces Tecum or other notices to produce wherein the San Bernardino County Superintendent of Schools is not a party to the underlying action. Additionally, services should not be accepted for any individual, even if employed by the San Bernardino County Superintendent of Schools. Individuals must be served personally.

This procedure does not apply to items directed to District Financial Services, which may include wage withholding orders, levies, and other garnishment related documents.

Also see Policy 3580 (County Superintendent of Schools Records) and Policy 5125 (Student Records).

Receipt of Services

All branches of San Bernardino County Superintendent of Schools require process to be served in the Office of the Superintendent. Only personnel from the Office of Superintendent can accept Summons and Complaint or Subpoenas. Service may be effectuated Monday-Friday between the hours of 8:00 a.m. and 4:30 p.m. Process servers attempting service at other locations should be directed to the office listed below:

• San Bernardino County Superintendent of Schools
  601 North E Street, San Bernardino, CA 92415-0020

Receipt of Summons and Complaint

Service of a Summons and Complaint may only be accepted if it is directed to SBCSS, San Bernardino County Superintendent of Schools, or part of SBCSS. Otherwise, do not accept service.

1. Accept the Summons and Complaint once confirmed that it is directed to SBCSS, San Bernardino County Superintendent of Schools, or part of SBCSS after Proof of Service has been completed.

2. Email Risk Management Services immediately upon receipt that a Summons and Complaint has been accepted. Include in the email:

1. A scanned copy of all documents received;
2. The date service was accepted;
3. State how the documents were received, either personally served or by US mail.

3. Immediately send the above to Risk Management Services via inter-office mail (include envelope if received by US mail).

4. Once Risk Management Services has received the Summons and Complaint they will:

1. Coordinate a response to the Summons and Complaint.
2. Email copy of Summons and Complaint with copy of email sent by the Office of the Superintendent to SBCSS legal counsel.

Procedures for Receipt of Records Subpoena

Service of a Records Subpoena may only be accepted if it is directed to SBCSS, San Bernardino County Superintendent of Schools, a student, employee, or official of SBCSS. Otherwise, do not accept service.

1. Accept the Records Subpoena once confirmed it is directed to SBCSS, San Bernardino County Superintendent of Schools, a student, employee, or official of SBCSS. A fee of $15.00 should accompany each Records Subpoena for the cost of materials requested unless SBCSS is listed as the defendant.

2. Email Risk Management Services immediately upon receipt that a Records Subpoena has been accepted. Include in the email:

1. A scanned copy of all documents received;
2. The date service was accepted;
3. State how the documents were received, either personally served or by the US.

3. Immediately send the above to Risk Management Services via inter-office mail (include envelope if received by US mail).

4. Once Risk Management Services has received the Records Subpoena, they will:

1. Email copy of Records Subpoena with copy of email sent by the Office of Superintendent to SBCSS legal counsel.
2. Coordinate with the appropriate department to gather and copy records and/or documents.
3. Sign an Affidavit or Declaration indicating either that the documents included are responsive to the subpoena or that SBCSS has no responsive documents.
4. Risk Management Services will forward copies of the records and the Affidavit or Declaration to the address requested in the subpoena or to SBCSS legal counsel if SBCSS is named as a defendant.

Procedures for Receipt of Deposition Subpoena

Deposition Subpoenas can be served by a Person Most Knowledgeable (PMK) or the Person Most Qualified (PMQ), or an individual identified as an employee of San Bernardino County Superintendent of Schools. Otherwise, do not accept service.

1. Accept the Deposition Subpoena once confirmed that that the subpoena is directed to a PMK, PMQ, or an employee of San Bernardino County Superintendent of Schools.

2. Email Risk Management Services immediately upon receipt that a Deposition Subpoena has been accepted. Include in the email:

1. A scanned copy of all documents received;
2. The date service was accepted;
3. State how the documents were received, either personally served or by US mail.

3. Immediately send the above to Risk Management Services via inter-office mail (include envelope if received by US mail).

4. Once Risk Management Services has received the Deposition Subpoena, they will:

1. Coordinate with the PMK, PMQ, employee of SBCSS, and an attorney to be present at the deposition, on behalf of SBCSS, at the scheduled date and time.
2. Instruct the PMK, PMQ, or employee of SBCSS to gather and copy any records requested in the subpoena and take them to the deposition.

Procedures for Receipt of Subpoena of Criminal Action

Subpoena of Criminal Action may only be accepted if it is directed to SBCSS, San Bernardino County Superintendent of Schools, a student, employee, or official of SBCSS. Otherwise, do not accept service.

1. Accept the Subpoena of Criminal Action once confirmed that the subpoena is directed to SBCSS, San Bernardino County Superintendent of Schools, a student, employee, or official of SBCSS.

2. Email Risk Management Services immediately upon receipt that a Subpoena of Criminal Action has been accepted. Include in the email:

1. A scanned copy of all documents received;
2. The date service was accepted;
3. State how the documents were received, either personally served or by US mail.

3. Immediately send the above to Risk Management Services via inter-office mail (include envelope if received by US mail

4. Once Risk Management Services has received the Subpoena of Criminal Action they will:

1. Confirm if the subpoena applies to an individual (i.e., student, employee, or official) and make reasonable attempts to contact the individual before releasing records.
2. Confer with the court issuing the subpoena regarding the due date, what documents are being requested, and the place to which responsive documents are to be sent.
3. Instruct the appropriate department to gather and copy records and/or documents.
4. Sign an Affidavit or Declaration indicating either that the documents included are responsive to the subpoena or that the San Bernardino County Superintendent of Schools has no responsive documents.
5. Forward copies of the records and Affidavit or Declaration to the address requested in the subpoena.

pproved: August 24, 1993
Revised: February 19, 2002
Revised: May 1, 2003
Revised: January 4, 2012
Revised: June 9, 2015
Revised: March 27, 2024