Jurris.COM
Article 1. Liabilities of California Education Code >> Division 7. >> Title 3. >> Part 45. >> Chapter 5. >> Article 1.
The governing board of any community college district is
liable in the name of the district for all debts and contracts,
including the salary due any instructor not made in excess of the
moneys accruing to the district and usable for the purposes of the
debts and contracts during the college year for which the debts and
contracts are made. The district shall not be liable for debts and
contracts made in violation of this section.
For the purposes of this section, moneys transferred to the funds
of a newly organized district pursuant to Section 85223 are deemed
district moneys accruing to the district and usable for the purposes
of contracts made for the college year preceding the date the
district became effective for all purposes.
All claims for money or damages against a district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.
(a) Action taken by any governing board of a community
college district to procure insurance shall be governed by the
authority of Section 70902 and, where applicable, by Sections 989 to
991.2, inclusive, of the Government Code. However, the governing
board of any community college district shall ensure against all of
the following:
(1) The liability, other than a liability which may be insured against under Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property.
(2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his or her office or employment.
(b) The insurance may be written by any insurance company authorized to transact the business of insurance in the state, or by a nonadmitted insurer to the extent, and subject to the conditions, prescribed by Section 1763 of the Insurance Code.
(c) Notwithstanding paragraph (2) of subdivision (a), the governing board of any community college district may provide for persons authorized by the governing board to perform volunteer services for the district, insurance coverage which is the same as, or comparable to, that provided for employees of the district including coverage under Division 4 (commencing with Section 3200) of the Labor Code.
(d) The governing board of a community college district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies, as provided in this section. The governing board may also provide protection against such liability partly by means of its own funds and partly by means of insurance written by insurance companies, as provided in this section.
(1) The liability, other than a liability which may be insured against under Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property.
(2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his or her office or employment.
(b) The insurance may be written by any insurance company authorized to transact the business of insurance in the state, or by a nonadmitted insurer to the extent, and subject to the conditions, prescribed by Section 1763 of the Insurance Code.
(c) Notwithstanding paragraph (2) of subdivision (a), the governing board of any community college district may provide for persons authorized by the governing board to perform volunteer services for the district, insurance coverage which is the same as, or comparable to, that provided for employees of the district including coverage under Division 4 (commencing with Section 3200) of the Labor Code.
(d) The governing board of a community college district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies, as provided in this section. The governing board may also provide protection against such liability partly by means of its own funds and partly by means of insurance written by insurance companies, as provided in this section.
Notwithstanding the requirement to provide for indemnity
bonds pursuant to Section 85266.5, the governing board of a community
college district may, in lieu thereof, insure against all losses
caused by an employee or an officer of a community college district
if the insurance gives the same or greater protection to the
community college district that a bond would provide in indemnifying
the community college districts against any loss caused by the
employee or officer of the community college district.
The governing board of any community college district
maintaining a course of automobile driver training shall advise the
parents or guardians or persons having custody of minors of the
district participating in automobile driver training courses under
the jurisdiction of, or sponsored or controlled by, the district, who
have signed the statement required by Section 12650 of the Vehicle
Code or an application for a driver's license under Section 17701 of
the Vehicle Code, of each of the following:
(a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle.
(b) The insurance coverage carried by the community college district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed.
(a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle.
(b) The insurance coverage carried by the community college district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed.
