UC Santa Barbara                                      Policy 5850
  Policies                                              
  Issuing Unit:  Administrative Services                Date: July 1, 1972
  
  
  
  
              DAMAGE PAYMENTS FOR SERVICES RENDERED
                 BEFORE SIGNING THE LOYALTY OATH
  
  I.   REFERENCES:
  
       A.   Constitution of the State of California, Article XX, Section 3.
       
       B.   California Government Code, Chapter 8, Sections 3101-3109.
       
       C.   University of California Business and Finance Bulletins, A45,
            Damage Payments for Services Performed before Signing Loyalty
            Oath.
       
       D.   UCSB Policies Manual, Policy 5845, State Oath of Allegiance
            (Loyalty Oath).
  
  II.  POLICY:
  
       No payment may be made for work performed before the Oath of
       Allegiance is signed. Damage payments may be made to employees who,
       without knowing of the State Loyalty Oath requirement, perform
       services for the University before signing the Oath. The damage
       payment constitutes settlement of a claim based upon the
       University's negligence, not compensation for services rendered.
       
       Damage payments may be made only when all of the following
       conditions are met:
  
       A.   The employee entered into University employment in good faith,
            with no knowledge of the Oath requirement.
       
       B.   The employee would have executed the Oath before commencing his
            duties if the university had advised him of the requirement.
       
       C.   The employee did in fact sign the Oath upon learning of the
            requirement.
       
       Employees claiming damages must act to recover what is due them
       within 120 days of the date of their initial service with the
       University. Cases brought beyond the 120-day limit must be referred
       to the Vice President-Business and Finance for review before action
       is taken.
       

For questions or comments regarding the format of the above information, please contact webcontact@ucsbuxa.ucsb.edu.

Last Modified By: HMW, 5/21/97

Return to the UC Santa Barbara Policies Home Page