El Monte Municipal Code Ch. 2.76 Claims for Money or Damages

It is the intent of the City Council that all claims for money or other damages filed against the city are to be processed in accordance with the California Government Code and the provisions of the El Monte Municipal Code.

(Ord. 2510 § 2, 2000: prior code § 2741)

All claims or other applications filed pursuant to California Tort Claims Act shall be filed in the office of the City Clerk. The City Clerk shall date stamp the claim and immediately forward a copy of the claim to the City Attorney's Office. The City Clerk shall maintain the original of all claims.

(Ord. 2510 § 3, 2000: prior code § 2742)

Upon receipt of a claim or other applications from the City Clerk, the City Attorney or the City Attorney's designee shall review the claim or other applications to determine whether they contain the required information. If the City Attorney determines that the claim fails to comply with the Tort Claims Act, the City Attorney shall within twenty (20) days of the date the claim or other application was presented, give written notice to the claimant setting forth how the claim fails to conform to the Government Code requirements. If the claim or other application satisfies the code requirements, the City Attorney shall request an investigation and analysis of the claim or other application from the claims administrator, if any, or from an appropriate city department head.

(Ord. 2510 § 4, 2000: prior code § 2743)

The City Attorney may do all acts on claims or other applications required by the Tort Claims Act, including rejection of claims, denial of applications to file late claims and sending written notices to the claimant consistent with Government Code Sections 913 and 915.4, provided, however, the City Attorney may refer any claim or other application to the City Council if the City Attorney deems such referral to be appropriate.

(Ord. 2510 § 5, 2000: prior code § 2744)

The City Attorney is authorized to settle any claim where the amount to be paid does not exceed fifteen thousand dollars ($15,000.00). The City Manager is authorized to settle any claim where the amount to be paid does not exceed twenty-five thousand dollars ($25,000.00). However, no payment shall be made unless the claimant signs a settlement agreement that releases the city of liability.

(Ord. 2510 § 6, 2000: prior code § 2745)

Prior to bringing suit against the city of El Monte, the state of California, a department or agency of the state of California and any other local public entity must comply with the claims filing requirements of Government Code Section 905 et seq.

(Ord. 2510 § 7, 2000: prior code § 2746)

The City Manager and/or the City Attorney are authorized to appear on behalf of the city before any court of competent jurisdiction to settle any matter for the amounts authorized in Section 2745 or for any other amount authorized by the City Council.

(Ord. 2510 § 8, 2000: prior code § 2747)