Chapter 7: Section 13
Liability
Policy
The Arizona Department of Administration's (ADOA) Risk Management Division (RMD) shall cover DCS employees for liability for acts or omissions while acting within the course and scope of their employment, subject to exclusions listed in A.R.S. § 41-621.
Coverage shall apply only to defense in civil lawsuits, not to defense in criminal actions.
Coverage shall include:
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representation by an Assistant Attorney General, or private counsel appointed by the Arizona Attorney General's Office;
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services of the ADOA Risk Management Division;
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court costs; and
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costs of a judgment or settlement.
Employees involved in a lawsuit shall cooperate with assigned defense counsel in the defense of the case.
If an employee is involved in an automobile accident while in the course and scope of their employment, coverage shall be on a primary basis if the employee is driving a state owned, leased, or rented vehicle and on an excess basis for any other vehicle.
Employees shall not be considered to be within the course and scope of their employment in a private vehicle while driving:
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to and from home;
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to and from their regular work site or a place at which they are conducting state business;
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to and from lunch in the area of employment while not on authorized state business; and
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for any purpose other than state-authorized business.
Accidents that occur while an employee is in a state owned, leased, or rented vehicle are covered through ADOA Risk Management Division if the employee is driving on authorized state business, even if the accident occurs outside the regular time or place of employment. DCS employees shall follow the policy and procedures in DCS 02-18 Management and Operation of State Vehicles related to vehicle accidents .
Procedures
Litigation Expectations
Department employees named in a lawsuit can anticipate the following actions:
Notice of Claim: The law requires potential claimants to serve the Notice of Claim on representatives of the state and on all individuals expected to be named as defendants in a lawsuit within 180 days of an alleged incident in Arizona state law claims. For youth that are or were in DCS care, claims may be filed up to one year after the youth reaches the age of 18. A sexual abuse claim may be submitted up until the victim reaches 30 years of age. The Notice of Claim may be delivered personally or by mail. The Notice of Claim is intended to inform defendants of alleged liability and is usually presented in the form of a letter. When a Notice of Claim is received, employees must immediately notify the DCS Program Supervisor and scan and email a copy of the Notice of Claim to the Department's Office of General Counsel atLitigation@azdcs.gov.
Summons and Complaint: The law requires plaintiffs to serve these documents (which initiate a lawsuit) on representatives of the State and on all individuals named in the lawsuit within the applicable statute of limitations. The Summons and Complaint must be delivered personally, but plaintiffs will sometimes send them by mail with a request that the defendant waive in-person service. Employees must not sign a waiver of service before consulting with the attorney assigned to their case. When a Summons and Complain is received, employees must notify the DCS Program Supervisor and scan and email a copy of the Summons and Complaint to the Department's Office of General Counsel at Litigation@azdcs.gov.
Pre-trial Discovery: Employees named as defendants in a lawsuit may be subjected to depositions (testimony under oath), interrogatories (written questions answered under oath) and request for production (an exchange of documents between the parties). In addition, employees may be asked to provide other assistance to their attorney(s) as needed to develop defenses to asserted claims. Employees shall cooperate and provide full information to the assigned defense attorneys.
Settlement Decision: The Attorney General, ADOA Risk Management, and the Legislature may decide to settle a case for a variety of reasons. The decision to settle is not necessarily an indication that the employee or Department is at fault.
Trial: Employees named in a lawsuit may be required to testify at trial, and their presence may be required for the duration of the trial.
Litigation Holds: DCS employees and DCS Information Technology will be notified of the need to preserve all records by the Office of General Counsel. Employees are expected to acknowledge this notification, return a signed acknowledgment and take all steps to preserve all records regardless of form. Please see Litigation Hold for more information.
Legal
A.R.S. § 12-821.01 Authorization of claim against public entity, public school or public employee
A.R.S. § 41-621 et seq. Purchase of insurance; coverage; limitations; exclusions; definitions
A.A.C. R2-10-107 Liability Coverage and Limitations
