Chapter 2 – Fiscal Management

The Government Code (GCGovernment Code) and the State Administrative Manual (SAMState Administrative Manual) authorize the California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) to provide reimbursement for the repair or replacement of damaged or stolen personal property an employee wears or uses in the course of employment.

This Article outlines the process to be used by employees for obtaining reimbursement for the repair or replacement of damaged personal property or stolen personal tools or equipment. If any content conflicts with bargaining unit agreements, the Memorandum of Understanding prevails.

CDCRCalifornia Department of Corrections and Rehabilitation is authorized to pay for the repair or replacement of damaged personal property worn or used by an employee in the course of employment. An inventory of all personal property used on the job must be approved by the employee’s supervisor prior to the loss. CDCRCalifornia Department of Corrections and Rehabilitation shall decide between reimbursement for repair or replacement; the employee’s preference shall be considered in this decision. Personal property eligible for reimbursement may include:

• Eye glasses

• Dentures

• Watches

• Hearing aids

• Clothing

• Uniforms

• Uniform items

Personal property brought to the work place, which is not required for employment, shall not be considered a responsibility of CDCRCalifornia Department of Corrections and Rehabilitation or the State. Personal property ineligible to be repaired or replaced may include:

• Clocks

• Radios

• Calculators

• Desk sets

• Pictures

• Jewelry (other than watches)

• Sunglasses

Damage that is incurred as a result of normal wear in the course of employment is not compensable by the State.

CDCRCalifornia Department of Corrections and Rehabilitation is authorized to reimburse the cost of replacing a personal tool or piece of equipment equipment that was stolen from an employee’s work site if all three of the following requirements are met:

• The stolen personal tool or piece of equipment was required in the employee’s work;

• The item was authorized by the written approval of the employee’s immediate supervisor prior to the loss;

• Contributory negligence of the employee did not exist.

Claims involving stolen property valued in excess of $500 must also be approved by CalHRCalifornia Department of Human Resources (formerly DPA and SPB). In the event an employee’s personal tool or equipment is stolen, the California Highway Patrol (CHPCalifornia Highway Patrol) must be notified and a copy of the theft report must accompany the claim.

A claim submitted by an institution employee for the repair or replacement of damaged personal property or reimbursement of stolen personal tools or equipment shall be approved by the employee’s immediate supervisor and the Warden or designee. A claim submitted by an administration or field office employee shall be approved by the employee’s immediate supervisor and the appropriate division/department head or designee.

All claims involving reimbursement of stolen personal tools or equipment valued in excess of $500 must be approved by CalHRCalifornia Department of Human Resources (formerly DPA and SPB).

All claims shall be submitted using CDCRCalifornia Department of Corrections and Rehabilitation Form 892, Employee Claim for Loss or Damage to Personal Property.

All claims shall include the employee’s verification of the following on CDCRCalifornia Department of Corrections and Rehabilitation Form 892:

• The item was used in the course of employment

• Loss or damage of the item occurred at the employee’s work site, work base, or en route between the two locations

• Loss or damage of the item was not a result of carelessness or negligence Additional documentation required for damaged personal property:

• If the item is repairable, provide a researched estimate of the cost for any repairs

• If the item is irreparable, provide the reason(s) why the item cannot be repaired and evidence of the item’s value at the time of damage, e.g., sales records, price lists, etc.

Additional documentation required for stolen personal tools or equipment:

• The official CHPCalifornia Highway Patrol report describing the incident or the circumstances of the theft

• Evidence of the item’s value at the time of theft, e.g., sales records, price lists, etc.

The claim shall be submitted to the employee’s immediate supervisor for review. Preliminary approval of the claim at the supervisor’s level shall provide:

• Confirmation of the employee’s statement as certified by the supervisor’s signature on CDCRCalifornia Department of Corrections and Rehabilitation Form 892

• Recommendation of reimbursement for repair or replacement of damaged personal property or reimbursement of stolen personal tools or equipment

• An attached statement of measures taken to prevent recurrence of such an incidents or an indication on CDCRCalifornia Department of Corrections and Rehabilitation Form 892 that no measures are possible to prevent recurrence

Institution Employees:

• Upon the supervisor’s approval, CDCRCalifornia Department of Corrections and Rehabilitation Form 892 and all accompanying documents shall be forwarded to the Institution Business Office.

• The Warden or designee shall approve/disapprove the claim. If approved, the Institution Business Office shall forward the claim to the Accounting Services Branch – Sacramento for payment processing. For a stolen personal tool or piece of equipment claim exceeding $500, the Institution Business Office must forward the claim to the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Benefits Division for approval prior to submitting the claim to the Accounting Services Branch – Sacramento.

• If the claim is disapproved, the Warden or designee shall return the claim to the supervisor. The supervisor shall then return the claim to the employee.

Administration or Field Office Employees:

• Upon the supervisor’s approval, CDCRCalifornia Department of Corrections and Rehabilitation Form 892 and all accompanying documents shall be forwarded to the Deputy/Associate Director or designee of the employee’s division.

• The Deputy/Associate Director or designee shall approve/disapprove the claim. If approved, the claim shall be forwarded to the Accounting Services Branch – Sacramento for payment processing. For a stolen personal tool or piece of equipment claim exceeding $500, the Deputy/Associate Director or designee must forward the claim to the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Benefits Division for approval prior to submitting the claim to the Accounting Services Branch – Sacramento.

• If the claim is disapproved, the Deputy/Associate Director or designee shall return the claim to the supervisor. The supervisor shall then return the claim to the employee.

Any claim denied during the process outlined in this Article may be submitted by the employee to the California Department of General Services, Office of Risk & Insurance Management – Government Claims Program, for further determination/consideration. If the claim is denied at this level, the last avenue of appeal is through civil action.

The Associate Director, Accounting Services Branch or designee shall ensure that the contents of this Article are current.

GCGovernment Code §§ 935.6(a), 19849.8, and 19850.6.

MOUMemorandum Of Understanding for Bargaining Unit 6.

SAMState Administrative Manual § 8423.

CCRCalifornia Code of Regulations Title 2 (1) (3) § 599.725.