Chapter 3.16 — DEMANDS AND CLAIMS

A.

As a prerequisite to bringing suit against the Town or any officer, department, commission or board of the Town, any and all claims against the Town for money or damages that are not governed by the California Tort Claims Act, Government Code § 900 et seq. or another state law (collectively "Claims") shall be presented and acted upon in accordance with the California Tort Claims Act, as those provisions now exist or shall hereafter be amended, and as further provided in this Section. For purposes of this Section, Claims shall include, but not be limited to, any and all claims for refund of taxes, assessments, fees, rates, charges, or any other exactions.

B.

All Claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. All Claims shall contain the information required by California Government Code § 910, as it may be amended from time to time. All Claims shall be made on forms prescribed by or acceptable to the Town Manager or her/his designee.

C.

In accordance with Government Code §§ 935(b), 945.6, and 946, all Claims (including those subject only to the California Tort Claims Act) shall be presented and acted upon by the Town prior to the filing of any action on such Claims, and no Claim may be maintained by any person who has not complied with the requirements of this Section.

D.

Any action brought against the Town upon any Claims shall conform to the requirements of Government Code §§ 940 through 949. Any action brought against any employee of the Town shall comply with the requirements of §§ 950 through 951 of the California Government Code.

E.

The Town Manager, her/his designee, or a third-party claims administrator (if authorized by Town Council Resolution) is delegated the responsibility to review all Claims (including those subject only to the California Tort Claims Act) for sufficiency and is authorized to reject any and all Claims that do not comply with the requirements of the California Tort Claims Act and this Section.

F.

The Town Manager or her/his designee may at her/his discretion allow, compromise, or settle Claims (including those subject only to the California Tort Claims Act) as may be appropriate if the amount to be paid pursuant to such allowance, compromise, or settlement does not exceed $50,000.00.

G.

Prior to seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the Town, an aggrieved taxpayer, fee payer or other person must: (i) exhaust any administrative remedies specified by any other provision of this Code or other applicable law; (ii) pay the full amount owed, including applicable penalties and interest; and (iii) present a Claim for refund as set forth in this Section.

For purposes of this Subsection, the term "Town" shall include any agency, district, or entity formed or governed by the Town.

(Ord. No. 503, § 1, 9-25-2018)

No payment shall be made from the Town Treasury or out of the funds of the Town unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law.

Claims against the Town shall be paid on demands on the Treasury as herein provided on forms to be prescribed by the Director of Finance.

Except for tort claims, every claim and demand received against the Town shall be first presented to and approved in writing by the receiving department or office, which 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 and contracts, if any, upon which the claim is based; that the demand in all other respects is proper and valid, and which shall further indicate the budgetary account to which said demand is to be charged.

Each demand approved by the receiving department or office shall be presented to the Director of Finance who shall satisfy himself whether:

(1)

The claim is legally due and owing by the Town;

(2)

There are budgeted or otherwise appropriated funds available to pay said claim;

(3)

The claim conforms to a valid requisition or order;

(4)

The prices and computations shown on the claim are verified;

(5)

The claim contains the approval of other departments and officials as required.

Editor's note— Ord. 224, adopted June 13, 2000, repealed § 3.16.055, which pertained to approval of claims under Section 57384 of the Government Code.

(a)

Prepayment of demands prior to audit by the Town Council may be made by the Director of Finance in conformity with the authority provided by Government Code § 37208.

(b)

Whenever the Director of Finance determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this Code or of any other ordinance of this Town, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of Subsection (a) of this Section.

Following audit of demands the Director of Finance shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register to the Town Manager for his or her review and presentation to the Town Council, with his or her approval or other report.

Following approval of the register of demands by the Town Council, the Town Manager shall endorse the register of audited demands to signify there was proper processing of demands therein before the Town Council took action.

(Ord. 3, 11-28-88)

The register of demands shall be presented to the Town Council at the next regular meeting thereof. The Town Council may approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager.

(Ord. 224, 6-13-00)