Off Premise Property Loan
The Maricopa County Community College District (MCCCD) Governing Board recognizes that a need exists for employees and Governing Board members to utilize property off premises for job related purposes or furthering the district's mission. This administrative regulation has been established pursuant to the Governing Board's Asset Protection policy title.
- General Use of MCCCD property off premises shall be limited as follows:
- Outside entities: the loan or off premise use of MCCCD property to or by other than MCCCD employees and governing board members, is prohibited unless authorized through an agreement between MCCCD and another public agency for the mutual benefit of both parties.
- Students: the loan or off premise use of MCCCD property to or by a student is prohibited unless a responsible college official has determined that such use is necessary for instructional purposes.
- Employees and Governing Board members: the loan of MCCCD property to or by an employee or a Governing Board member for personal reasons is prohibited.
- Responsibility for property taken off district premises: while the property is off premises, it is in the care, custody, and control of the lendee using it. Lendee is responsible for the property and its appropriate use and maintenance until the equipment return receipt has been completed. The lendee using the property must take all measures necessary to ensure the security of the property.
While the property is in the possession of a lendee, lendee is responsible for returning the property to MCCCD in the same condition as lendee received it. Lendee agrees to assume the risk of loss or property damage due to the lendee's failure to exercise due care in the possession or use of the property. The phrase 'due care' means that level of care appropriate under the circumstances.
Failure to exercise due care will be presumed unless the lendee can demonstrate that the property was lost or damaged despite the lendee's exercise of due care. If the property is damaged as a result of a failure to exercise due care, lendee agrees to pay the cost of repair with the cost of repair not to exceed the replacement value. At the discretion of MCCCD, and in the case of damage, MCCCD may require replacement rather than repair. The lendee assumes financial responsibility for loss or damage to property through their homeowner's insurance or personal funds.
- Loan or off premise use of property: MCCCD property loaned or taken off district premises regardless of duration must be recorded on a property loan agreement (Appendix FM-5 ). This form is used both to authorize and record the off premises use of MCCCD property. The following information is required:
- Identification of the lendee to be using the property off premises
- Off premises location of property
- Justification for taking the property off premises
- Complete description of the item(s) to be taken off premises
- Description of the condition of the property at date of loan
All off premise loans of property, regardless of duration, will be monitored by the President/Vice Chancellor, or his/her designee. Loans of property for thirty (30) days or less will require authorization by the vice president/dean, or his/her designee. Loans of property over thirty (30) days, or for out-of-state/out-of-country use for any duration will require authorization by the respective President/Vice Chancellor, or his/her designee, and documentation on file in the district property accounting department and human resources records department. Verification of property return by completion of return receipt on the property loan agreement will be the lendee's responsibility and must be verified by the respective vice president/dean, President/Vice-Chancellor or his/her designee.
Employee Return of Property and Assets
It is the policy of the Maricopa County Community College District (MCCCD) that assets be protected and scrupulously maintained. Consistent with that policy is the creation of procedures for retrieving personal property (including any outstanding debt or obligation to MCCCD) in the possession of employees who are to be transferred or reassigned to a different location within MCCCD, or are pending separation from employment, as well as rescinding or modifying, as necessary, those employees’ access to data, systems, and facilities.
- Each college President or Vice Chancellor shall designate an official(s) with general authority to ensure that:
- College-or District-owned property is retrieved from an employee whose employment assignment is either to be transferred or re-assigned to a different location within MCCCD, or is pending separation from MCCCD employment;
- Rescinding or modifying, as necessary, that employee’s access to data, systems and facilities; and,
- Ensuring that building security or college safety is formally notified of the departure of an employee whether due to termination, resignation or transfer, to facilitate deactivating building security badges and collect all keys to facilities.
- To facilitate compliance with this regulation, the Vice Chancellor for Human Resources shall cause to be issued appropriate procedures to be used to inventory MCCCD property and assets as they are assigned to each employee and the collection of assigned property and assets at the time of transfer, reassignment, or separation. Adherence to the steps detailed in those procedures (Appendix FM-13) shall constitute compliance with this regulation.
- Action as authorized by law, as well as by MCCCD policy and administrative regulation, may be taken against any person who willfully fails to return college- or District-owned property, or to surrender access to data, systems and facilities as required by this regulation. Such action may include, but is not limited to, withholding as appropriate, compensation due and owing to the employee, legal action in a court of competent jurisdiction, and employment discipline. Any payment by MCCCD of wages, salary, or other compensation shall not constitute a waiver of any claim by MCCCD over a person’s failure to return college-or District-owned property or surrender access to data, systems and facilities.
ADOPTED through the Administrative Regulation approval process, September 19, 2007