Reimbursement for Damage to Employee's Personal Property Occurring in the Course and Scope of Employment

No.: 55
Date: October 16, 2000
Subject: Reimbursement for Damage to Employee's Personal Property Occurring in the Course and Scope of Employment

To: All Holders of Employee Relations Manuals
From: Kenneth A. Walo, Director, Bureau of Employee Relations

As part of a recent settlement agreement with the Maine State Employees Association the State has agreed to review and clarify its current procedures regarding employee claims for property damage, and to issue this memorandum describing these procedures including the procedures mandated by law for processing such claims and for appealing any denial of a claim. The procedures described in this Bulletin ONLY apply to claims made by state employees for property damage occurring in the course and scope of their state employment. The attached guidelines and procedures apply to and must be disseminated to all supervisors and employees regardless of bargaining unit.

PROCEDURES FOR FILING AND PROCESSING CLAIMS OF STATE EMPLOYEES FOR DAMAGE TO PERSONAL PROPERTY OCCURRING IN THE COURSE AND SCOPE OF THEIR EMPLOYMENT

Claims made by state employees for damage to personal property occurring in the course and scope of their state employment are governed by 5 M.R.S.A. Section 1510-A, and must be processed in the following way.

1. Claims shall be submitted in writing to the employing department along with proof of the amount of damages and any substantiating information.

2. The employing department shall make its decision and the reasons for the decision, in writing and shall, as soon as practicable, send a copy of that decision to the claimant by certified mail.

3. A. If the claim is disapproved in whole or part by the department, the employee may appeal this decision to the State Claims Commission within 30 days of the decision. The responsible department shall make any payment resulting from the decision of the State Claims Commission.

3. B. If the claim was submitted according to Paragraph 1 above and the department refused to hear it, or;

the claim was submitted according to Paragraph 1 above and no final decision was made by the department within 90 days of the submission,

the claim may be submitted to the State Claims Commission for hearing and decision. The responsible department shall make any payment resulting from the decision of the State Claims Commission.

4. Either the department or the employee may appeal an award by the State Claims Commission to the Superior Court within 30 days after the date of the receipt of the notice of the award. The appeal must be taken in the manner specified in 5 M.R.S. A. Section 1510-A subsection 4.

As a general rule the state will reimburse employees for personal property, including vehicles damaged by clients, inmates, etc. of the department. The state does not reimburse an employee for his/her insurance deductible when the damage to the vehicle is caused by an accident in the scope and course of their employment unless it is determined that the state was responsible for the accident, and thus liable.

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Reimbursement for Damage to Employee's Personal Property Occurring in the Course and Scope of Employment