AS - ASL 91-21: Stolen Property
Administrative
  Services
    Letter

91-21
Stolen Property

 
   
Signed By
Larry Morris, Chief
Administrative Services Division
Number
91-21
Distribution
All Employees
Date Issued
October 2, 1991
Subject
Stolen Property
Expires
When Canceled
Guide Section
Reference
Cancels ASL 85-10
 
Recent occurrences of theft and vandalism have drawn attention to the need for clarification of policy and guidelines regarding damage and/or theft to property in two arenas. The first area that needs to be addressed concerns theft or damage to state property outside of state owned or leased premises. The second issue of concern deals with policy guidelines regarding loss or damage of employee-owned property while on state premises.

USE OF STATE PROPERTY OUTSIDE OF STATE PREMISES

It is important that staff understand the responsibility and potential liability they incur when using or storing state property outside of state premises. Once an employee has removed property from state premises the full responsibility for that property resides with the employee. Employees may face two forms of consequences if loss or damage occurs to state property while in their possession: 1) personnel actions may be brought against the employee and/or 2) the employee may be held accountable to the state for reimbursement, replacement or repair costs.

Personnel actions may be brought against employees who fail to use state property in the safe and proper manner for which it was intended. The Adverse Actions, Grievances and Appeals Guide defines what the state considers to be a a "mis-use" of state property and outlines the different types of personnel actions that employees may face if their conduct is determined to be a "mis-use." The degree of the personnel action (i.e. official reprimand, suspension, demotion, or dismissal) depends on the severity of the offense and on whether or not it was a first, second or third offense.

Aside from personnel actions, employees may be responsible for making restitution to the state by paying for repair, replacement or reimbursement costs. If it is possible to repair damaged property into the same condition it was in prior to the incident, the employee will be responsible for paying those costs. In the event that property is lost or damaged beyond repair the employee will have to make restitution by 1) replacing the property or 2) reimbursing the state monetarily. The employee is responsible for all costs involved in replacing or reimbursing the state.

This includes tax, shipping costs and any other applicable fees. If the employee chooses to reimburse the state monetarily he/she should make a check out to the Air Resources Board and send it to the accounting section.

The following are the policy requirements which must be adhered to:

  • Employees must have the permission of their supervisor prior to removing state property (equipment) from state premises.
  • Property/equipment may be removed from state premises for work related purposes only.
  • Equipment must be returned to the office from which it was taken by the end of the working day (5:00 p.m.). An exception to this rule will be granted if a prior arrangement had been agreed upon between the employee and employee's supervisor which allows the employee to keep the equipment for an extended period of time. Documentation showing that the supervisor granted authority should be kept in division, branch or section files to avoid any discrepancies.
  • Employees are responsible for taking all precautions necessary to ensure that the state property is not in jeopardy of loss or damage. This includes making sure that property is contained in a locked storage area when not in use and that property is used only in the safe and proper manner for which it as designed.
  • As soon as the employee is aware that a theft or damage situation has occurred, he/she should contact:
1.
The local police department and have a written police report conducted (only in a theft situation).
2.
The ASD property manager at 3-6020 or ATSS 473-6020 to report the incident.
3.
The employee's supervisor.

USE OF EMPLOYEE-OWNED PROPERTY ON STATE PREMISES

An employee is eligible for repair, reimbursement or replacement of personal property which is damaged or stolen while on state premises only if the criteria sited below is met.

  • Employees must provide their supervisor with an inventory of all personal property required on the job prior to the loss.
  • The supervisor must review and approve of the use of the personal property at the job-site and must indicate why the items cannot be made available by the State. The inventories with supervisors' authorizations should be maintained in division, branch or section files to support any potential claim.

Any theft should be reported immediately to the CHP; a written police report must be completed. The ASD property manager must also be notified at 323-6020. Each claim for damage to or stolen personal property will be submitted to the Accounting Section and must include:

1.
A report describing the incident that caused the damage or circumstances surrounding the theft. Also, include copies of the police report of the theft and the inventory with supervisors' authorizations.
2.
For damaged items, a receipt for repairs or, if the article was damaged beyond repair, a statement of the actual value of the article at the time of damage and the reason it could not be repaired.
3.
For stolen items, a statement that the value of the property was verified by inspecting the original sales records or current price lists.
4.
A certification by the employee that:
  • The item was required for work.
  • The loss or damage occurred at the worksite or enroute.
  • There was no employee carelessness or negligence and all foreseeable precautions were taken.
5.
Approval by the employee's supervisor, including:
  • Confirmation of the facts stated by the employee.
  • Recommendation for reimbursement or replacement.
  • A statement of measures taken to prevent recurrence of the theft or damage.

Questions regarding the policy or procedures on thefts may be directed to the Business Management Branch at (916) 323-6020. Questions regarding the claim procedure may be directed to the Accounting Section at (916) 323-8957.