3.24.010 Authority.

   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)

3.24.020 Required presentation and form of claims.

   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)

3.24.030 Presentation of purchase order and contract claims.

   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)

3.24.040 Procedure for payment - Wages and salaries.

   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)

3.24.050 Expense allowances.

   Mileage and other expense and allowance claims by city officers and employees shall be presented in accordance with the procedures prescribed by resolution adopted by the council.

(Ord. 2269)

3.24.060 Procedure for payment - Report to council.

   All claims (other than claims for personal injury, death, property damage, or indemnification) shall be processed through the finance director, regardless with whom the claims may have been filed in the first instance. After processing and payment of claims, the finance director shall submit to the city council and city manager a listing of all claims paid during the previous month. At the time of presenting the list of paid claims to the council, the finance director shall certify that each paid claim was audited to determine that:

   A.   The using office, department, agency, or other authorized person has approved the claim for payment and either (1) has received that for which the claim was presented for payment, or (2) is authorized to request advance payment for goods or services, such as subscription charges, conference registration fees, or billings for travel on commercial carriers, as determined by council resolution;

   B.   Sufficient funds have been appropriated for the purpose of the claim and were available at the time of issuance of payment; and

   C.   The amount claimed and the fund from which the claim was paid were correct.

(Ord. 2269)

3.24.070 Issuance of checks or warrants.

   Payment of claims against the city, when approved or otherwise duly authorized by the council, shall be made by checks or warrants drawn upon the city treasury and charged against the proper fund by the finance director. Each check or warrant so drawn shall be signed by the finance director, provided, that the council by resolution may designate the city manager, the city clerk or both to sign warrants in the place and stead of the finance director when the director is absent.

(Ord. 2269)

3.24.080 Claim prerequisite to suit.

   In accordance with Government Code Sections 935(b) and 945.6, any claim for money or damages for which a claim may be filed under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or under this chapter shall be presented as provided in this chapter and acted upon by the city prior to the filing of any action on such claim, and no such action may be maintained by a person who has not complied with the requirements of this chapter.

(Ord. 2269)

3.24.090 Suit against the city - Monetary relief.

   A.   Any suit for money or damages against the city on a cause of action for which a claim is required to be presented under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or this chapter must be commenced within the time allowed by Government Code Section 945.6, unless another provision of law establishes a shorter period of time in which to commence the suit.

   B.   Any suit for money or damages brought against the city upon any claim shall conform to the requirements of Chapter 2 (commencing with Section 945) of Part 4 of Division 3.6 of Title 1 of the Government Code. Any suit for money or damages brought against any employee of the city shall conform to the requirements of Chapter 3 (commencing with Section 950) of Part 4 of Division 3.6 of Title 1 of the Government Code.

(Ord. 2269)