Chapter 3-12
CLAIMS AGAINST THE CITY
Sections:
3-12.010 Claims for money or damages.
3-12.030 Audit and approval of demands.
3-12.010 Claims for money or damages.
As a prerequisite to bringing suit thereon against the city or any officer, employee, department, commission, or board of the city, any claim for money or damages, including claims which would otherwise be excepted by Section 905 of the Government Code of the state of California, which are 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 09000&file=8670.56.5-8670.56.6" target="_top">09000&file=8670.53.1-8670.53.95" target="_top">09000&file=8670.37.51-8670.37.58" target="_top">910) of the Government Code of California. This section relates only to the bringing of suit upon a claim, and shall not be deemed to apply to the authority of the Director of Finance and the City Council to process and pay, in the ordinary course of business, just obligations of the city, such as routine salaries and wages, principal and interest on bonds, payments for purchases and other like expenditures where there is no dispute as to the obligation and amount being payable. (Prior code § 3-03.010)
3-12.020 Filing.
All claims against the city as described in Section 3-12.010 of this chapter shall be filed with the City Clerk and shall be presented by the City Clerk to the City Council for approval or rejection, whether in whole or in part, if such presentation is required by law. (Prior code § 3-03.020)
3-12.030 Audit and approval of demands.
A. Except for claims described in Section 3-12.010 of this chapter, every demand, invoice, or claim for purchases, supplies, or services (hereinafter “demand”) shall be presented in writing to and approved in writing by the receiving department head or officer, who 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 in the contract or purchase order upon which the demand is based; that the demand in all other respects is proper and valid and shall further indicate the budgetary account to which such demand is to be charged.
B. All demands approved by the receiving department or office shall be presented to the Director of Finance, who shall satisfy himself or herself whether:
1. The amount is legally due and owing by the city;
2. There are budgeted or otherwise appropriated funds available to pay the claim or invoice;
3. The demand conforms to a valid requisition, contract, or purchase order;
4. The prices and computations shown on the demand are verified; and
5. The demand contains the approval of other departments and officials as required.
C. Payroll warrants and checks, and warrants and checks drawn for payment of demands that have been certified by the Director of Finance or the City Manager as conforming to a budget approved by City Council ordinance and resolution need not be approved by the City Council prior to payment. Except for payroll warrants or checks, demands certified by the Director of Finance and paid prior to presentation to the City Council shall be presented to the City Council for inspection and ratification at its first meeting after delivery of the warrants or checks. Should the Director of Finance fail to certify a demand as in conformance with the city’s budget, no check or warrant shall be issued until the City Council has approved the demand for payment.
D. Department heads shall certify or approve departmental payrolls or attendance records for employees in their departments. The Director of Finance shall certify or approve payrolls or attendance records of other officers or employees.
E. Budgeted expenses shall be presented to the City Council for ratification in the form of an audited comprehensive annual financial report prepared by the Director of Finance or his or her designee.
F. Following audit of the demands as set forth in subsection B of this section, the Director of Finance shall prepare a register of demands showing the claimant’s name, the amount of the demand, and if paid, the warrant or check number and date thereof and shall transmit the register to the City Council with an affidavit stating that:
1. “In accordance with Government Code Section 37208, the Director of Finance hereby certifies that the attached demand register has been found to conform to the approved budget, except as noted, and has been paid. These demands are hereby submitted for City Council inspection and ratification.”
or
2. “In accordance with Government Code Section 37202, the Director of Finance certifies to the accuracy of the attached register of demands and to the availability of monies for payment thereof. These demands are hereby submitted to the City Council for approval of payment.”
(Prior code § 3-03.040)
3-12.040 Checks and warrants.
No check, order, or warrant upon the city treasury shall be drawn unless there are sufficient monies in the fund upon which it is drawn. All checks, orders, and warrants upon the city treasury for payment of any money shall bear the signature of the persons listed in Resolution 91-25, or any successor resolution. (Prior code § 3-03.050)