Administration & Information, Dept. of

Risk Management

Chapter 5: Procedures for Notification by Public Employee or Peace Officer of Claim or Suit

Effective Date: 10/03/2008 to Current

Rule Type: Current Rules & Regulations

Reference Number: 006.0009.5.10032008

CHAPTER 5

PROCEDURES FOR NOTIFICATION BY PUBLIC EMPLOYEE OR PEACE OFFICER OF CLAIM OR SUIT

Section 1. Non-preclusion. Nothing in these rules shall be deemed to preclude compliance with Wyo. Stat. §§ 1-39-113 through 1-39-115.

Section 2. Agency or Employee's Responsibility. When an agency, public employee or peace officer becomes aware of an incident which may result in a claim or law suit against the agency or employee, the following procedures shall be followed:

(a) Written notification of the possible claim shall be sent to the Office. Written notification must contain the following information:

1. (i) Name and address of potential claimant;
2. (ii) Date of occurrence when incident occurred;
3. (iii) Circumstances giving rise to the incident;
4. (iv) Copies of all correspondence between claimant and agency or employee which relate to the potential claim;
5. (v) Statements of circumstances from witness or witnesses to the incident;
6. (vi) Name, title, address and phone number of agency representative that will be available for further contact.

(b) When an agency, public employee or peace officer is served a summons and complaint or notice of claim; the agency or employee shall notify the Office by phone and immediately send a copy of the documents to the Office.

(c) All information regarding the claim shall be sent to:

A&I General Services Division Risk Management Section 611 W. 20th Street Cheyenne, Wyoming 82002 (307) 777-5853

Section 3. Office's Responsibility. Upon receipt of a claim or lawsuit against an agency, public employee, or peace officer, the Office shall take the following steps:

(a) Review the documents to determine the validity of the claim; (b) Initiate an investigation if the claim has been properly filed with the Office; (c) Have an attorney assigned to defend the agency or public employee if a suit is filed; and (d) Communicate the final determination of the Office to the claimant and agency.