Police Department Policy

OAKLAND_C-02_-_Uniform_and_Equipment_Damage_Clai_56

Oakland PD

Policy Text
Ref: CALEA Standard 22.2.8 DEPARTMENTAL GENERAL ORDER C-2 Rev. 1 Jun 00 Index as: Damage Claim, Uniform and Equipment Uniform and Equipment Damage Claim Page 1 of 5 UNIFORM AND EQUIPMENT DAMAGE CLAIM The purpose of this order is to state elig ibility requirements for submitting claims for damage to required uniform and equipment ite ms and to set forth the procedures for processing such claims. I. ELIGIBILITY FOR REIM BURSEMENT FOR DAMAGE A. If a required item of uniform or equipment is damaged in the performance of duty, the member or employee may file a claim for repairs. Required items are listed in Departmental General Orders C-1, UNIFORMS and C-4, SAFE TY EQUIPMENT. Members and employees shall pay for repairs to items which are damaged as a result of their own carelessness. B. The phrase "damaged in the performance of duty" refers to damage which results directly from a specific Departmental duty, for example: damage caused by an arrested pers on who tears the arresting officer's shirt; damage caused by an officer' s tearing his/her trousers on a fence while pursuing a prowler. The phrase does not refer to damage which occurs during a member's routine tour of duty when he/she is not directly engaged in a specific Depa rtmental duty, for example: damage which is caused when an officer snags his/her clothing on a car door; damage which occurs when an o fficer falls, trips or slips. C. For the purpose of this order, civilia n clothing worn by members during their tour of duty comes within the definition of a uniform. D. Claimants shall submit damaged article s to their supervisor, who shall forward the items to the bureau office to be reta ined until the claim is settled. The articles will not be re turned except to be repaired. DEPARTMENTAL GENERAL ORDER C-2 Rev. 1 Jun 00 OAKLAND POLICE DEPARTMENT E. Reimbursement shall not be made for damage to or loss of unauthorized, non-regulation, or customized equipment. II. REIMBURSEMENT FROM PERSON RESPONSIBLE FOR DAMAGE A. The claimant shall make every reas onable effort to obtain payment from the person who is responsible for damaging his/her uniform or equipment. B. If the person responsible is arrested, the arresting officer shall explain the circumstances, which led to the damage in the narrative portion of the arrest report. 1. The claimant shall request or reta in an extra copy of any report regarding the incident and submit it with his/her claim for reimbursement from the City. 2. If the claimant is subpoenaed to te stify at the trial of the arrested person, he/she shall be prepar ed to state how the damage occurred, the extent of the damage, and the cost of repairing it. C. The claimant shall not be allowed to retain reimbursement from both the City and the person responsible for the damage. Therefore, the claimant shall turn in at the Police Accounting Section any money he/she receives from the person responsible. III. CLAIM PROCEDURES A. Claimant's Responsibilities 1. Within five days of the time th e damage occurs, the claimant shall: a) Obtain repair estimate(s) or statement that the damage is irreparable. b) Complete three copies of the Uniform and Equipment Damage Claim form (TF-711). c) Submit the estimates, the claim form, and the damaged item to his/her supervisor. Page 2 of 5 DEPARTMENTAL GENERAL ORDER C-2 Rev. 1 Jun 00 OAKLAND POLICE DEPARTMENT 2. One copy of the appropriate police report, if any, shall be attached to the claim form. If no a rrest was made in the incident in which the uniform or equipment was damaged, the claimant shall state this fact in th e body of the claim form. 3. The claimant shall complete the Uniform and Equipment Damage Claim form as follows: a) The narrative shall contain a statement as to what the claimant was doing when the damage occurred. b) In the “witness” box, the clai mant shall write the name of the supervisor to whom he/she submits the claim, as well as the names of any actual witnesses to the incident. c) The amount of the claim sh all either be based on the original value of the item, it s age or depreciated value, and the frequency with which it is used or if the depreciated value of the item is greater than any of the estimates, the total amount claimed shall be the amount of the lowest estimate. d) Depreciation of frequently damaged items shall be determined by the following schedule: Item Life Expectancy Shirt and trousers 2 years Hat, uniform jacket, utility jacket 5 years Leather equipment 10 years Shoes and motorcycle boots 2 years Service revolver, handcuffs, baton 25 years e) The claimant shall state in the narrative the basis for the total amount claimed. Example: Claim for three-month-old damaged trousers originally costing $100: Original Cost $100 Life expectancy - 2 years Depreciation/month $ 4 Life of item - 3 months Page 3 of 5 DEPARTMENTAL GENERAL ORDER C-2 Rev. 1 Jun 00 OAKLAND POLICE DEPARTMENT Total Depreciated Value $ 88 Amount of Lowest Estimate $ 86 Total

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