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As elected official of the government, public officials are required to take the oath of office and have a SURETY BOND to serve the people.
Consequently, they are required to be bonded as a way to hold them FINANCIALLY accountable for their actions.
A Public Official Surety Bond is a written agreement to guarantee their compliance to uphold the law AND to perform their duties as a representative for the community they serve.
There are three parties in a Public Official Surety Bond Agreement:
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Yes, all school districts have a surety bond. The Treasurer has a separate surety bond. The school district carries a blanket bond that covers the principle and teachers working at a school.
Yes, anyone who was elected to hold a public office is required to be bonded. If the members of your school board were elected each member is required to take the oath of office and file a surety bond with the state. Each state laws are different.
Yes, it is important to have a copy of the surety bond. The bond will outline the conditions.
You will need to write a letter requesting a certified copy of his/her bond. State the revised codes for your state that require the public officer to give you a copy of his/her bond.
This depends on your state. The price for certified copies of document varies from state to state. The public officer will tell you the price. He cannot charge you more than the state charges for certified copies of documents.
Call the bond company and ask how you can pay for a certified copy of the bond. You wi9ll need the person’s name and the bond number.
The first step is to file a letter of intent with the public officer. In the letter state the codes they have violated and allow them time to fix the issues.
If the public officer refuses to correct the problem it is possible to file a claim against his/her surety bond?
The claim process is different with each surety bond company. Call the bond company and find out how to file a claim. Be prepared to give the bond number when talking with them.
Note: Filing a claim against a public official is different than filing a claim against a company. Normally the bonding company will require you to write a letter.
The letter should state the code violations and the injuries you our your family have suffered.
The surety bond company will review your claim and the bond. If the claim is in the scope of what the bond covers the company will notify the bond holder.
It is the responsibility of the bond holder to handle the claim.
The claim amount cannot exceed the value of the bond.
Yes, multiple claims can be filed against one bond.
No, the legal definition of a mandate: A judicial command or precept issued by a court or magistrates, directing the proper officer to enforce a judgment, sentence or decree.
If the injury is covered under the Surety Bond you will need to file a claim against the bond. If the bond does not cover these injuries the case will need to be filed in Federal Court.
Yes, according to 18 USC 241 Conspiracy Against Rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same they shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
This is a Federal offense and will be handled in Federal Court.
Yes, 18 USC, 242 Deprivation of Rights Under Color of Law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties.
Corruption has made it’s way into the very fabric of our government. Stand strong and stand united. Together we WILL bring back law and order.
Public official means (i) any officer, employee or representative of any regional, federal, state, provincial, county or municipal government or government department, agency or other division; (ii) any officer, employee or representative of any commercial enterprise that is owned or controlled by a government, including any state-owned or controlled veterinary or medical facility; (iii) any officer, employee or representative of any public international organization, such as the African Union, the International Monetary Fund, the United Nations or the World Bank; and (iv) any person acting in an official capacity for any government or government entity, enterprise or organization identified above.
Yes, the same rules apply for filing a claim.
Once you file the claim the Bond Company will inform the Public Official.
If the Public Official fails to respond or resolve the claim the Surety Company will make a decision based upon the information and documentation that you provided for the claim. The Surety Company will then pay YOU for the claim. Once the Surety Company pays the claim they will go after the Public Official to reimburse the amount of the settlement and any legal costs associated with it.
This depends on the Surety Bond Company. If there are too many complaints made against the bond or too many claims paid out they might cancel the bond. Once a bond has been cancelled it will be difficult for the Public Official to be bonded or licenced again by any other Surety Bond Company.
Public Officials are required by law to be bonded in order to hold office. If their bond has been cancelled and they are unable to obtain a new bond they will not be able to hold any public office.
Many union workers are standing up and fighting back. Currently we are seeing piolets blowing the whistle on what is taking place right now.
Yes, by law all unions are bonded. Depending of certain union officers requires them to be bonded. Unions carry several different types of surety bonds.
Contact the Union Treasurer and inquire about the surety bonds the Union has. The Treasurer is normally required to keep a record of the bonds.
If the Treasurer refuses to supply you with this information remind them they are required by state law to give out this information to anyone who request it.
At times smaller unions belong to a larger union. The larger union will keep records of all small unions surety bonds. Each year the small unions are required to file this information with the larger union or the state union.
Yes, the same rules apply for all surety bonds.
Yes, the process is the same for filing a claim against a surety bond. You first must notify the union wit ha letter of intent. You will state the unions laws that are bring violated and give the union time to fix these issues.
It is possible to file a claim against the Union’s surety bond.
You will need to talk with the bonding company to find out how to file your claim.
All claims against surety bonds are handled the same way. The surety bond company reviews the bond you are filing a claim againt.
If the claim is valid the surety company notifies the bond holder.
If the bond holder does not respond to your claim the the surety bond company will open a formal investigation.
If your claim is valid the bond holder is notified again. At this time the surety bond company will inform the bond holder he is responsible for paying your claim plus the money to the surety company for their investigation.
If the bond holder does not pay the claim the surety company will pay the claim and go after the bond holder.
We are starting to learn about the power of government official bonds and how we can hold them accountable fort he decisions they make.
The Public Officials bond is a commonly issued to protect against conduct or omissions by the named public official that constitutes a breach of the public official duties of office. The bonds guarantee against more than te public official’s fraud r dishonesty and, in certain cases, can cover loss arising from neglect or omissions.
A Public Officials bond may be issued for the benefit of the government unit in which the principal holds the office, but also it can provide coverage to the general public. The Bond is in the nature of an Indemnity Bond rather than a Penal or Forfeiture Bond; it is, in effect, a contract between the officer and the government, binding the officer to discharge the duties of his or her office. The Official Bond is not intended to protect the principal or the public official himself, but rather is intended to protect the city or the entire citizenship served by the official.
The government requiring the bond typically pays for it, as it is insures the government against public official theft. However, the public official will still need to personally indemnify, making them responsible for reimbursing any claims that may be filed on the bond.
Yes. There is a discovery period where claims can be filed on the bond after it has expired. The discovery period can vary depending on the specific bond form language. This is often referred to as a “bond tail”.
You must contact us immediately, as we have a team of claim specialists here to find a resolution for you. Keep in mind, it is crucial that you work with an expert in the surety industry. Learn more about how to ensure you choose the proper bond company.
Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
No, there is no need to go to court once you file a claim with the surety company. The surety company handles the claim and if needed, they will investigate the claim and pay you the damages. The Public Official is liable for all costs and the amount of the claim. Your claim cannot exceed the amount that is listed on the Surety Bond.
Keep in mind that once a claim is made, this does not immediately cancel the Surety Bond for the Public Official. According to the revised code of each state, more than one claim can be filed against a Public Official surety bond.
There are many types of surety bonds. The type of business will determine the type of bond the business must carry. Remember you can always request a copy of the company’s surety bond and read the provisions of the bond. Furthermore, there are different ways to file against other bonds and the surety bond company will supply you with this information upon request.
Note: In order to obtain and qualify for government contracts, employers must be licensed and bonded. Generally the amount of coverage is based on the amount of the contract with the government.