5-401: Procedure for Reimbursement for Employee's Personal Property Damage in the Line of Duty

Purpose

This procedure is intended to provide for the prompt processing of claims for reimbursement to employees for clothing and other personal property damaged or lost during the performance of hazardous tasks or who while in the normal performance of assigned duties become the subject of an unprovoked attack. This procedure is adopted pursuant to Section 53240 of the Government Code: 

53240. The legislative body of a county, city, municipal corporation, political subdivision, public district, or other public agency may provide for the payment of the costs of replacing or repairing property or prostheses of an employee, such as eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee when any such items are lost or damaged in the line of duty without fault of employee. If the items are damaged beyond repair, the actual value of such items may be paid. The value of such items shall be determined as of the time of the loss thereof or damage thereto. 

Authority

• The County Executive hereby designates the Director of Personnel Services, Risk & Loss Control Division Manager, Liability & Property Insurance Supervisor, Liability & Property Insurance Analysts, and the County’s third-party Liability Claims Administrator as the authorized representatives in processing and approving requests for reimbursement pursuant to this procedure.

Scope

This is a County-wide Policy​

Procedures

EMPLOYEE - Employees claiming reimbursement pursuant to this policy will submit to the appointing authority a “Claim for Reimbursement – For Personal Property Lost or Damaged in the Line of Duty” which shall contain the following information:

a. Name, Department, Job Title, Personnel Number, Mailing Address, Phone Number, E-mail Address 

b. Description of the property lost or damaged 

c. Total amount of claim 

d. Description of the circumstances leading to loss or damage of the property 

e. Information regarding the amount of reimbursement, such as the purchase price of the property, the date of acquisition, repair cost (if repairable), replacement cost, extent of use, condition at the time of damage, the extent of damage, and any other factors the employee considers relevant to the determination of value, and the employee’s estimate of value for purposes of reimbursement, excluding fanciful or sentimental value 

f. Employee signature

DEPARTMENT - Upon receipt of an employee “Claim for Reimbursement” the department head (or authorized designee) shall certify whether the damage occurred during the employee’s line of duty and whether the employee was without fault for such damage. 

The department head (or authorized designee) shall indicate his/her recommendation for approval or disapproval of the request. The department head’s (or authorized designee’s) recommendations shall be based upon the circumstances resulting in the damage and his/her estimate as to whether the amount of reimbursement requested is reasonable for the payment of costs of repair, replacement, or actual value of the property. 

a. If the department head (or authorized designee) approves the request for reimbursement, he/she shall indicate the approved amount and sign the form. The completed “Claim for Reimbursement” shall then be forwarded to the Risk Management Office for processing. 

b. If the department head (or authorized designee) disapproves the amount requested, the percentage and amount approved shall be inserted and initialed by the department head (or authorized designee). The amended “Claim for Reimbursement” shall then be forwarded to the Risk Management Office for processing. 

c. If the department head (or authorized designee) does not recommend approval of the request for reimbursement, he/she shall indicate “Denied” on the form, sign it and return it to the employee. If requested by the employee, the department head (or authorized designee) will forward the request for reimbursement to the Risk Management Office along with the recommendation for disapproval.

The Risk Management Office, operating under the direction of the Risk Manager, shall receive and review all requests for reimbursement pursuant to this procedure. The Risk Management Office shall determine whether reimbursement is proper under the procedure, whether adequate information is given to establish the proper amount of reimbursement, and will have authority to approve payments for reimbursement.

a. When the Risk Management Office determines that the reimbursement is appropriate in the amount indicated on the claim form prepared by the department, it shall approve the claim and arrange for payment to the employee. 

b. When the Risk Management Office determines that reimbursement should be made in an amount different from that indicated on the claim form prepared by the department, he/she shall notify the department head, and the department shall prepare a new claim form in the amount found by the Risk Management Office to be appropriate. ​