Chapter 1
CLAIMS AND WARRANTS
Sections:
3-1.05 Filing and presentation.
3-1.09 Finance Director’s duties.
3-1.10 Time for action by City officers and claimant.
3-1.11 Reexamination of rejected claims.
3-1.01 Review by the Council.
All claims and demands, except fixed salaries and wages, against the City or upon the City Treasurer shall be presented to the City Council for its review. Claims shall be approved by the Finance Director as indicated in Section 3-1.09.
(§ 1, Ord. 519 N.C.S.; § 1, Ord. 1294-13 (CM), eff. September 26, 2013)
3-1.02 Form.
No claim shall be considered for payment unless the same shall be itemized and show the names, dates, and particular services rendered, the supplies or materials furnished, to whom furnished, and the quantities and prices paid therefor.
(§ 1, Ord. 519 N.C.S.)
3-1.03 Certification.
All claims shall be certified to be correct, that no part thereof has been paid or allowed, that the amount thereof is justly due, and that the liability for the same has accrued within the last twelve (12) months.
(§ 1, Ord. 519 N.C.S.)
3-1.04 Accrual period.
No claim shall be considered unless the same shall have accrued within the year prior to presentation thereof or, if on an account, the last item thereof has accrued within the year prior to presentation.
(§ 1, Ord. 519 N.C.S.)
3-1.05 Filing and presentation.
All claims shall be filed and presented as required by the rules of the Council.
(§ 1, Ord. 519 N.C.S.)
3-1.06 Execution of warrants.
The City Manager and Finance Director shall sign and execute all warrants and other documents not inconsistent with the Charter of the City.
(§ 1, Ord. 1 C-M; § 1, Ord. 1294-13 (CM), eff. September 26, 2013)
3-1.07 Economic claims.
(a) Scope. All claims against the City for money or damages which are excepted by Section 905 of the Government Code from the claims procedure provided by Part 3 of Division 3.6, Title 1 of the Government Code and which are not expressly governed by any other statute or regulation shall be governed by this Chapter.
(b) Requirements to Bring Suit. No suit for money or damages may be brought against the City on a cause of action for which this Chapter requires a claim to be presented until a written claim therefor has been filed in conformity with this Chapter. Only the person who filed the claim may bring such a suit.
(c) Time Limitation. The claim for any cause of action specified in this Chapter shall be presented in the manner provided in this Chapter as applicable and shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this Chapter. A claim shall be presented not later than one (1) year after the accrual of the cause of action. Each claim shall be verified by the person who claims to be entitled to be paid the money or damages or by his or her guardian, conservator, executor or administrator.
(d) Late Filing of Claims. In accordance with Section 935 of the Government Code, the late filing of claims pursuant to this Chapter is regulated by Sections 911.4 to 912.2, inclusive, of the Government Code.
(§ 1, Ord. 1116-01 C-M, eff. November 8, 2001)
3-1.08 Claim form.
Claims under this Chapter shall be filed as specified in this Section:
(a) Any claim for salaries and wages of City officers and employees shall be presented to the Finance Director in the number and on the forms prescribed by the Finance Director. The claim shall be certified by the head of the department in which the officer or employee is employed.
(b) Any claim for mileage, travel, and other expenses of City employees shall be presented to the Finance Director on forms prescribed by the Finance Director. The claim shall be signed by the claimant and certified by the head of the department whose appropriations are charged with the expenditure.
(c) Any claim for transportation of City officers or employees, wards, prisoners, or other authorized persons, payable to public carriers, shall be presented to the Finance Director on forms prescribed by the Finance Director. The claims shall be certified by the officer whose appropriations are charged with the expenditure.
(d) Any claim for principal or interest shall be based solely upon presentation of the matured bond, interest coupon, or other evidences of indebtedness.
(e) Any claim by the state or a department or agency of or by another public entity relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented to the City Clerk. Any other claim by the state or a department or agency thereof or by another public entity shall be presented to the Finance Director on forms prescribed by the Finance Director and such claim shall be certified by the officer directing the expenditure, where appropriate.
(f) Any claim for money or damages for loss or damage to personal property entrusted to the care and custody of a City officer or employee as a result of such claimant’s confinement and for which existing public liability and property damage insurance policies of the City do not otherwise cover, shall be filed with the City Clerk.
(g) Any claim for money for benefits under the Worker’s Compensation Law (Division 4 of the Labor Code and Title 8 of the California Code of Regulations) shall be presented to the Risk Manager on forms prescribed by the Division of Industrial Accidents or Risk Manager.
(h) Whenever in this Section certification of a claim is required to be made by the head of a department or office, it shall be deemed to include certification by his designated subordinate; wherever in this Section certification is required on a claim, the claimant shall present the claim to the designated officer for certification before presentation to the Finance Director or Risk Manager, but if within ten (10) days after presentation to such officer, the officer has failed or refused to certify the claim, the claimant may present the uncertified claim to the Finance Director or Risk Manager including thereon an appropriate notation showing presentation to the designated officer and his or her failure or refusal to certify.
(i) As an alternative procedure to that specified in this Section for the filing of any of the foregoing claims, any claimant of a claim under this Chapter may file such claim with the City Clerk on the form provided by the Finance Director or Risk Manager, but need not obtain certification of the claim prior to such filing.
(j) Whenever as prescribed in Subsection (a) of this Section certification of a claim is required to be made by the head of a department or office for salaries and wages of City officers and employees and a state of extreme emergency, state of disaster, or state of local disaster exists as defined in Section 4-2.02 of this Code, including an emergency resulting from a labor controversy, during the period of such state of extreme emergency, state of disaster, or state of local disaster, including an emergency resulting from a labor controversy, it will be presumed in absence of receipt by the Finance Director of information to the contrary that no change in the payroll status of the City officers and employees in the department or office has occurred and that work by the officers and employees has been performed during normal working hours. In such event, salaries and wages of such City officers and employees may be paid without a certification of a claim from the head of the department or office as otherwise provided. Any amounts paid in excess of salaries and wages due and owing to such City officers and employees by reason of this provision shall be recovered by the City from such City officers and employees in the same manner as other overpayments for salaries and wages are recovered.
(§ 1, Ord. 1116-01 C-M, eff. November 8, 2001)
3-1.09 Finance Director’s duties.
The Finance Director shall audit and allow or reject claims presented to the Finance Director under Section 3-1.08(a) through (j) in lieu of and with the same effect as allowance or rejection by the Council.
(§ 1, Ord. 1116-01 C-M, eff. November 8, 2001; § 1, Ord. 1294-13 (CM), eff. September 26, 2013)
3-1.10 Time for action by City officers and claimant.
The Finance Director, Risk Manager, or Council shall act upon any claim filed pursuant to this Chapter within the time prescribed by Section 912.4 of the Government Code and in the manner prescribed by Section 912.6 of that code for action by the Council, and the failure or refusal of the Finance Director, Risk Manager, or Council to act on a claim shall be the effect stipulated in said Section 912.4. Any action brought by the claimant in the cause of action set forth in any claim filed pursuant to this Chapter shall be brought within the time specified in Section 945.6 of the Government Code.
(§ 1, Ord. 1116-01 C-M, eff. November 8, 2001)
3-1.11 Reexamination of rejected claims.
The Finance Director, Risk Manager, or Council may, in their discretion, within the time prescribed by Section 945.6 of the Government Code for commencing action on the claim, reexamine a previously rejected claim within their jurisdiction in order to consider settlement of the claim in accordance with Section 913.2 of the Government Code.
(§ 1, Ord. 1116-01 C-M, eff. November 8, 2001)