Chapter 1.08
CLAIMS AGAINST THE CITY
Sections:
1.08.010 Authority – State provisions applicable.
1.08.030 Form of claim – Filing.
1.08.010 Authority – State provisions applicable.
The provisions of this chapter recognize that the general claim procedures applicable to local public agencies, including this city, are governed by the provisions of the California Government Code Section 900 et seq. All statutory references contained in this chapter are to the California Government Code unless stated otherwise. [Ord. 2010-126 § 1 (Exh. A)].
1.08.020 Claims required.
Pursuant to the authority contained in Section 935, the following procedures are established for claims against the city for money or damages, including all claims that are excepted by Section 905; provided, that such claims are not governed by any other state or local laws.
A. Employee Claims. Notwithstanding the exceptions contained in Section 905, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off or vacation pay, sick leave pay and any other expenses or allowances claimed due from the city, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2. The claims shall further be subject to the provisions of Section 945.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon by the city council.
B. Contract and Other Claims. In addition to the requirements of subsection (A) of this section and the exceptions set forth in Section 905, all other claims, including such claims concerning contracts, against the city for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2. The claims shall further be subject to the provisions of Section 945.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon by the city council. [Ord. 2010-126 § 1 (Exh. A)].
1.08.030 Form of claim – Filing.
A. All claims shall be made in writing 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. The claim shall conform to the requirements of Section 910 or to a form provided by the city, if such form is provided.
B. All claims or demands against the city shall be filed with the city clerk. The city manager shall have the authority to review, approve, settle, compromise or reject such claims or demands up to the amount approved by resolution of the city council, as amended. All claims over the city manager’s authority shall be presented and acted upon by the city council prior to the filing of any action on such claims. No such action may be maintained by a claimant who has not complied with this chapter. [Ord. 2010-126 § 1 (Exh. A)].
1.08.040 Suit.
Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940 through 949. Any action brought against any employee of the city shall conform with the requirements set forth in Sections 950 through 951. [Ord. 2010-126 § 1 (Exh. A)].