Section:
3.24.010 Authority.
3.24.020 Required presentation and form of claims.
3.24.030 Presentation of purchase orders and contract claims.
3.24.040 Procedure for payment - Wages and salaries.
3.24.050 Expense allowances.
3.24.060 Procedure for payment - Report to council.
3.24.070 Issuance of checks or warrants.
3.24.080 Claim prerequisite to suit.
3.24.090 Suit against the city - Monetary relief.
3.24.100 Suit against the city - Nonmonetary relief.
A. This chapter is adopted pursuant to Sections 201 and 1115 of the Charter of the City of Chico and Section 935 of the Government Code.
B. Procedures for the presentation of claims for money or damages against the city, its boards, commissions, agencies or departments, its elected officials, and its officers, employees, or agents, shall be as set forth in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code and as provided in this chapter.
C. As used in this chapter:
1. “City” means and includes the City of Chico; the city council and its members; all city officers, employees, agents, and servants; all boards, commissions, authorities and similar bodies established by the City of Chico, and their members; all derivative agencies of the City of Chico, including but not limited to the Chico Redevelopment Agency, and their members; and all joint powers agencies and similar collaborative entities for which the city council is the governing body.
2. “Claim” or “claims” means a claim or demand for money or damages by any person against the city, regardless of whether such money or damages is the sole relief or is incidental to other relief sought by the claimant against the city.
(Ord. 2269)
A. In addition to the claims required to be presented to the city in accordance with Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the following claims shall also be presented to the city, notwithstanding any provisions of Section 905 of the Government Code to the contrary:
1. Claims under the Revenue and Taxation Code or other statute prescribing the procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereto;
2. Claims for principal or interest upon any bonds, notes, warrants or other evidence of indebtedness;
3. Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it;
4. Claims by the state or by a state department or agency or by another local public entity; and
5. Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code.
B. All claims shall be presented within the time allowed by Government Code Section 911.2, unless another provision of law establishes a shorter period of time in which to present a particular claim.
C. All claims, except those subject to Section 3.24.030 or 3.24.040, shall be presented to the city clerk, on a form provided by the clerk pursuant to Government Code Section 910.4, and shall contain the information required by Government Code Section 910. Every claim presented pursuant to this section shall be verified as follows:
1. In the case of a natural person, by the claimant personally;
2. In the case of a minor or disabled or deceased claimant, by the claimant’s guardian conservator, executor or administrator;
3. In the case of a receivership or bankruptcy estate, by the receiver or trustee;
4. In the case of any unit of government, or any other public agency, or any private entity, by a person authorized and competent to verify a claim on its behalf; or
5. In the case of a subrogated claim, by the subrogee.
A claim presented on behalf of a class of persons shall be deemed to be presented only on behalf of (1) those members of the class who have verified the claim in the manner required by this section and (2) those additional members of the class for whom the claim provides sufficient information regarding the identity of those members; the time, place and nature of the act or omission by the city upon which the claim is based; and the extent of the injuries. A claim presented by an attorney on behalf of a claimant shall be verified by the attorney. A verified claim shall be deemed to be a declaration establishing the facts alleged in the claim.
(Ord. 2269)
Claims based upon purchase orders or written contracts shall be presented either as prescribed therein or, in lieu thereof, by statement, bill, or invoice accompanied by such supporting vouchers, receipts or other documents as the finance director and purchasing officer may require.
(Ord. 2269)
A. Wages and salaries due city officers and employees shall be paid in any of the following manners, as the council shall, from time to time, determine by resolution:
1. Biweekly, with payment made in the manner and on the day specified in such resolution;
2. Twice monthly, with payment made in the manner and on the day specified in such resolution;
3. Monthly, with payment made in the manner and on the day specified in such resolution.
B. All payments authorized to be made by this section shall be made by the finance director without any action thereon by the city council.
C. “Wages and salaries” includes all amounts for labor performed or services rendered by city officers and employees, except independent contractors and other persons hired to provide services by contract.
(Ord. 2269)
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