Chapter 1 – General Administration

14010.8 Small Claims Court

• On occasion, an employee is served with a claim filed in small claims court against the department, or against the employee arising from their employment with the department. As attorney representation is not permitted in small claims court, neither the AGAttorney General’s Office nor any other attorney may appear to represent the department or the employee. The employee served shall immediately contact the individual designated for processing legal documents as described in DOMDepartment Operations Manual 14010.7.5 and then provide that individual with a copy of the claim.

• The Warden, RPARegional Parole Administrator, Assistant Secretary, or their designee shall write a letter to the clerk of the court in which the claim was filed, requesting that the claim be dismissed when either, or both, of the following appears to be true:

  • The claimant failed to exhaust all administrative remedies.

  • The claimant failed to file a Department of General Services, Office of Risk and Insurance Management (DGSDepartment of General Services ORIM) claim.

• Copies of the letter shall be sent to the OLAOffice of Legal Affairs and the claimant or plaintiff.
  If the claimant exhausted administrative remedies and filed a DGSDepartment of General Services ORIM claim prior to filing the action, or if the court refuses to grant the request to dismiss, the Warden, RPARegional Parole Administrator, Director, Assistant Secretary, Chief Deputy Secretary, Undersecretary, Secretary, or their designee (either the employee served or another staff member with relevant knowledge of the issue before the court) shall appear at the hearing to present the department’s response to the claimant’s allegations.

• Court Ruling
  If the court rules in favor of the claimant, the defendant (the department or the employee) has the right to appeal the finding to the Superior Court. The AGAttorney General’s Office shall represent the department or the employee. Prior to deciding whether to appeal, the Warden, RPARegional Parole Administrator, Director, Assistant Secretary, Chief Deputy Secretary, Undersecretary, Secretary, or their designee, shall contact the OLAOffice of Legal Affairs. If the decision is made not to appeal, the person who appeared in court shall be required to obtain a copy of the order to justify payment of the claim.