Hollister Municipal Code Ch. 1.10 Claims Pursuant to Government Code Section 935

The ordinance codified in this chapter is enacted pursuant to Section 935 of the California Government Code.

(Ord. 1019, § 1, 2007)

All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this chapter, "claim" or "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

(Ord. 1019, § 1, 2007)

All claims shall be made in writing and 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. In addition, all claims shall contain the information required by California Government Code Section 910.

(Ord. 1019, § 1, 2007)

In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this chapter and acted upon by the city prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this chapter.

(Ord. 1019, § 1, 2007)

Any action brought against the city upon any claim shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the city upon any claim shall conform to the requirements of Sections 950 through 951 of the California Government Code.

(Ord. 1019, § 1, 2007)

A. The city manager, or his or her designee, shall act on all claims filed against the city as specified in Government Code § 900 et seq.

B. The city manager, or his or her designee, and with the concurrence of the city attorney, shall be authorized to allow, allow in part, compromise, settle, or reject, without prior approval of the city council, claims against the city provided that no authority is given to allow, allow in part, compromise, or settle any such claim if the amount to be paid pursuant to such allowance, compromise, or settlement exceeds $25,000.00.

If the city manager and the city attorney do not agree to allow, allow in part, compromise, settle, or reject any claim against the city, said claim will be brought to the city council for its authorization to allow, allow in part, compromise, settle or reject it.

C. Upon written order of the city manager, or his or her designee, and with concurrence of the city attorney, the administrative services director shall cause to be issued a warrant upon the treasury of the city in the amount for which a claim has been allowed, allowed in part, compromised, or settled. The city council shall be notified within ten days of the acceptance or rejection of any claim pursuant to this section and within ten days of the claimant's acceptance of any settlement proposed pursuant to this section.

(Ord. 1259, § 1, 2025)