Chapter 3.20
CLAIMS AND DEMANDS

Sections:

   3.20.010   Claims for Money or Damages

   3.20.020   Auditing Prerequisite to Payment

   3.20.030   Form of Claim

   3.20.040   Claim Prerequisite to Suit

   3.20.050   Suit

   3.20.060   Departmental Approval of Claims

   3.20.070   Approval by Finance Director

   3.20.080   Prepayment of Demands

   3.20.090   Register of Demands

   3.20.100   Record of Approved Demands

   3.20.110   City Council Approval

3.20.010 Claims for Money or Damages.

   A.   As a prerequisite to bringing suit thereon against the City or any officer, department, commission or board of the City, any claim for money or damages (including claims which would otherwise be excepted by Government Code Section 905) which is not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the Government Code.

   B.   All claims against the City for money or damages not otherwise governed by the Tort Claims Act, Government Code Sections 900 et seq., or another State law (hereinafter in this Chapter, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this Chapter.

   C.   This Section shall relate only to the bringing of suit upon any claim and shall not be deemed to apply to the authority of the Finance Director, the City Council and other officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments of purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.020 Auditing Prerequisite to Payment.

No payment shall be made from the City treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.030 Form of Claim.

All claims shall be made in writing on forms to be prescribed by the Finance Director and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this Section. In addition, all claims shall contain the information required by Government Code Section 910 and otherwise as required herein.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.040 Claim Prerequisite to Suit.

In accordance with Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this Chapter and acted upon by the City Council prior to the filing of any action on such claims; and no such action may be maintained by a person who has not complied with the requirements of this Chapter.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.050 Suit.

Any action brought against the City upon any claim or demand shall conform to the requirements of Government Code Sections 940 through 949. Any action brought against any employee of the City shall conform with the requirements of Government Code Sections 950 through 951.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.060 Departmental Approval of Claims.

Except for tort claims, every claim and demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed; that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based; that the demand in all other respects is proper and valid, and which shall further indicate the budgetary account to which said demand is to be charged.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.070 Approval by Finance Director.

Each demand approved by the receiving department or office shall be presented to the Finance Director who shall satisfy himself/herself whether.

   A.   The claim is legally due and owing by the City;

   B.   There are budgeted or otherwise appropriated funds available to pay said claim;

   C.   The claim conforms to a valid requisition or order,

   D.   The prices and computations shown on the claim are verified;

   E.   The claim contains the approval of other departments and officials as required.

[Ord. No. 461, Section 3, 5/9/07.]

3.20.080 Prepayment of Demands.

   A.   Prepayment of demands prior to audit by the City Council may be made by the Finance Director in conformity with the authority provided by Government Code Section 37208.

   B.   Whenever the Finance Director determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this Code or of any other ordinance of this City, then any such refund shall be deemed as conforming to the currently approved budget and may be prepaid in the same fashion as other demands encompassed within the terms of Subsection A. of this Section.

[Ord. No. 461, Section 3, 5/9/07.]