These surety bonds are general for all states.
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Elected or appointed public officials work for and are accountable to the taxpayers and residents of the communities they serve. Public official bonds guarantee that officials in a position of responsibility will carry out their duties in a lawful and ethical manner. This is especially true for individuals who handle money or sensitive information, manage budgets, or make important decisions.
Each jurisdiction�s statutes specify the particular form a public official bond will take. Common types include performance bonds, public employee dishonesty bonds, and fidelity bonds. They may be written as individual bonds (for each public official) or as a blanket bond (for a public official and the public employees under that official�s management).
These bonds are most commonly required for: judges, court clerks, notaries, sheriffs, deputies and other law enforcement personnel, municipal tax collectors and treasurers, school board members, and governors, mayors, and city managers. The bond requirement is established at the state or municipal level, and the specific duties of public officials are spelled out in state or municipal statutes or public charters.
There are three parties to a public official bond: the state or municipal entity that requires the bond (the obligee), the public official (the principal), and the underwriter that issues the bond (the surety). Any member of the public who suffers financial harm due to the actions of the public official has a right to file a claim against the bond. There are three main causes for filing a claim:
The surety will determine the validity of any claim against a public official bond before paying it. The principal must subsequently reimburse the surety for the amount paid to the claimant.
Public official bonds differ from most surety bonds in that the obligee, not the principal, typically pays for the bond. The obligee also establishes the required amount of the bond. The premium for a public official bond is a percentage of the bond amount. That percentage depends on such factors as: the nature of the public official�s position and duties, the professional qualifications of the official, and the public official�s credit score and financial situation.
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Public official bonds are designed to protect the public from financial harm caused by the deliberate misconduct or negligence of public officials. These bonds provide a financial guarantee that the public official will faithfully perform their duties and handle public funds responsibly.
The bond requirement ensures that the public is compensated for any losses suffered due to the public official's actions, providing a level of accountability and transparency in the management of public resources.
The cost of a public official bond typically depends on the nature of the public official's duties, their professional qualifications, and their personal financial situation. The obligee, or the government entity requiring the bond, often covers the cost of the premium.
Factors such as the bond amount, the public official's credit score, and the underwriter's assessment of risk can all impact the final cost of the bond. Understanding these cost considerations can help public officials budget and plan for the necessary bond coverage.
