Inyo County Municipal Code Ch. 1.28 Claims

A. Except where otherwise specifically provided, the provisions of this chapter apply to all claims against the county:

1. For money or damages which are governed by Chapter 1 (Section 900 et seq.) and Chapter 2 (Section 910 et seq.) of Part 3, Division 3.6 of Title 1 of the California Government Code (hereinafter referred to as the State Tort Claims Act);

2. For money or damages which are governed by the Inyo County Administrative Claims Act (see Section 1.28.020 below); and

3. For benefits authorized by Division 4 (Section 3201 et seq.) of the California Labor Code (hereinafter referred to as the State Workers' Compensation Act).

B. To the extent provided by Section 1.28.045 below, certain provisions of this chapter also apply to claims the county may have against other parties.

(Ord. 1001 § 3, 1998; Ord. 1265 § 2, 2021)

A. This section of Chapter 1.28 shall be known as the Inyo County Administrative Claims Act. It is enacted under the authority of Section 935 of the California Government Code.

B. The procedures set forth in the Inyo County Administrative Claims Act shall apply to, and govern, all claims against the county for money or damages which:

1. Are excepted by Government Code Section 905 from the requirements of the State Tort Claims Act; and

2. Are not governed by any other statute or regulation expressly relating thereto; and

3. Arise from causes of action accruing on or after September 1, 1998.

C. All claims against the county which are governed by the Inyo County Administrative Claims Act shall be presented in accordance with Chapter 1 (Section 900 et seq.) and Chapter 2 (Section 910 et seq.) of Part 3, Division 3.6 of Title 1 of the California Government Code.

D. Except as provided in Sections 946.4 and 946.6 of the Government Code, no suit for money or damages may be brought against the county on a cause of action for which a claim is required to be presented by subsection C of this section, until a written claim therefor has been presented to the county and has been acted upon by the county board of supervisors, or has been deemed rejected by the board, in accordance with Chapters 1 and 2 of Part 3, Division 3.6 of Title 1 of the California Government Code.

E. Where a claim that is required to be presented to the county by subsection C of this section, is so pre-sented and action thereon is taken by the board:

1. If the claim is allowed in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates; and

2. If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim; and

3. If the claim is allowed in part, no suit may be maintained on any portion of the cause of action where, pursuant to the requirement of the board to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.

F. Except as provided in Sections 946.4 and 946.6 of the Government Code, any suit brought against the county on a cause of action for which a claim is required to be presented by subsection C of this section, must be commenced within the time provided by Government Code Section 945.6.

(Ord. 1001 § 3, 1998)

The offices of county counsel and risk management are authorized and directed to conduct such investigations into claims and potential claims against the county as they in their discretion deem appropriate. Investigations into claims governed by Section 905 et seq., of the Government Code shall be primarily conducted by the risk manager. In conducting such investigations, the risk manager and his or her agents and employees will work as an agent of and on behalf of the county counsel. Such investigations conducted by the risk manager or under the risk manager's direction by agents and employees, will be performed for review, evaluation and use by the county counsel in anticipation of litigation against the county, its agents, officers or employees. Where an investigation is conducted by the office of county counsel or the risk manager into claims or potential claims against the county, all county officers, agents and employees will cooperate fully in such investigations and will follow the directions and guidance of the risk manager and county counsel in such investigations.

(Ord. 1001 § 3, 1998)

A. The risk manager is directed and authorized to return or reject any and all claims presented to the county, including applications to present a late claim.

B. The risk manager is authorized to allow, compromise or settle claims and accept applications to present a late claim prior to initiation of any litigation against the county thereon, within the following limitations:

1. If the amount to be paid pursuant to the allowance, compromise or settlement of the claim or late claim, if accepted, does not exceed thirty thousand dollars, the risk manager, is authorized to allow, compromise or settle such claim and to accept the application to present such late claim; and

2. If the amount to be paid pursuant to the allowance, compromise or settlement of the claim or late claim, if accepted, exceeds thirty thousand dollars, but does not exceed forty thousand dollars, the risk manager, with the concurrence of the county counsel, is authorized to allow, compromise or settle such claim and to accept the application to present such late claim; and

3. If the amount to be paid pursuant to the allowance, compromise or settlement of the claim or late claim, if accepted, exceeds forty thousand dollars, but does not exceed fifty thousand dollars, the risk manager, with the concurrence of both the county counsel and the county administrator, is authorized to allow, compromise or settle such claim and to accept the application to present such late claim.

C. The county counsel is authorized to allow, compromise or settle claims and accept applications to present late claims after litigation or suit has been filed against the county thereon, within the following limitations:

1. If the amount to be paid pursuant to the allowance, compromise or settlement of the claim or late claim, if accepted, does not exceed forty thousand dollars, the county counsel, with concurrence of the risk manager, is authorized to allow, compromise or settle such claim and to accept the application to present such late claim; and

2. If the amount to be paid pursuant to the allowance, compromise or settlement of the claim or late claim, if accepted, exceeds forty thousand dollars, but does not exceed fifty thousand dollars, the county counsel, with the concurrence of both the risk manager and the county administrator, is authorized to allow, compromise or settle such claim and to accept the application to present such late claim; and

3. The authority granted to the county counsel to allow, compromise or settle a claim or late claim with-in the limitations set forth in subsections (C)(1) and (C)(2) of this section, includes the authority to waive the county's rights to seek recovery of its costs, including attorneys' fees, as a condition of any allowance, compromise, settlement or dismissal of a claim or late claim against the county.

D. Upon the written order of the risk manager or county counsel as authorized by subsections B and C of this section, the auditor-controller of Inyo County shall cause a check to be issued upon the treasury of the county in the amount for which a claim or lawsuit against the county has been allowed, compromised or settled.

(Ord. 1001 § 3, 1998; Ord. 1249 § 1, 2020; Ord. 1287 § 1, 2022)

The provisions of Sections 1.28.030 and 1.28.040 above, which respectively delegate authority to investigate and settle claims against the county, shall also apply and extend to any claims that the county itself may have against other parties. In other words, similar authority is hereby delegated to the individuals named in Sections 1.28.030 and 1.28.040 to investigate and settle claims that the county may have against other parties, subject to the same limitations and parameters specified by those sections.

(Ord. 1265 § 3, 2021)

The risk manager is authorized and directed to direct and supervise the adjudication of contested workers' compensation claims for the county. The risk manager's direction and supervision of the county's outside counsel in their adjudication of contested workers' compensation claims, shall be under the general direction and supervision of the county counsel.

(Ord. 1001 § 3, 1998)

The risk manager, and such county officers or employees who the risk manager shall designate, are authorized and directed to initiate and defend litigation in small claims court on behalf of the county.

(Ord. 1001 § 3, 1998)