Irvine Municipal Code Ch. 2 Claims Against City

The word "claim," as used in this chapter, shall mean "claim, demand, or account."

(Added in 1998 recodification)

A. Any claim for money or damages to which Government Code, tit. 1, div. 3.6, pt. 3 (Government Code § 900 et seq.) is applicable shall be governed by the provisions contained therein. Any claim for money or damages which is excluded from the claim presentation requirement of Government Code, tit. 1, div. 3.6, pt. 3 (Government Code § 900 et seq.), and which is not governed by other statutes or regulations expressly related thereto, shall be presented and processed in accordance with the procedures set forth in this chapter.

B. Unless so presented, filed and processed as provided in Government Code, tit. 1, div. 3.6, pt. 3 (Government Code § 900 et seq.) or this chapter, whichever is applicable, no claim shall be approved, allowed or paid, and the City shall not be liable upon any suit or action based upon any such claim which is not presented, filed and processed in the form and within the time herein referred to or provided.

(Added in 1998 recodification)

Claims and demands for salaries and wages of officers and employees of the City shall not be considered to be claims against the City hereunder and need not be presented to the City in accordance with the provisions of this chapter.

(Added in 1998 recodification)

No City officer shall, except for his or her own service, present any claim for allowance against the City, or in any way, except in the discharge of his or her official duty, advocate the relief asked in the claim made by any other person.

(Added in 1998 recodification)

Any person may appear before the City Council and oppose the allowance of any claim made against the City.

(Added in 1998 recodification)

All claims against the City shall be submitted to the Director of Administrative Services, who shall cause the same to be stamped showing the date and time of filing. A claim required to be presented pursuant to this chapter shall be presented not later than 180 days after the accrual of the cause of action underlying the claim for money or damages or after the payment of the amount sought to be refunded.

(Added in 1998 recodification)

All claims made against the City shall be in writing and duly certified by the claimant and shall contain the following information insofar as such information is applicable to the type of claim presented: names, dates and particular services rendered, character or process served and upon whom, distance traveled, character of work done, the number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefor, and other pertinent details as the case may be.

(Added in 1998 recodification)

The Director of Administrative Services or his or her designee shall examine and verify each claim as to its validity, accuracy, certification and the availability of funds for payment. All claims for refunds of taxes, license fees, permit fees, application fees, or other receipts collected or received by any department of the City may be forwarded to the head of such department for verification. If approved, the head of the department shall cause a report to be made, showing the names and addresses of the persons to receive refunds, the amounts thereof, the kinds of fees to be refunded, and reasons why said refunds should be made, and shall transmit the report to the Director of Administrative Services.

(Added in 1998 recodification)

Following audit of claims, the Director of Administrative Services shall prepare a register of approved claims, setting forth as to each claim, the name of the claimant, a brief statement of the claim, the amount allowed, a designation of the fund out of which the claim is payable, and the method by which the claim will be paid. The Director of Administrative Services shall certify on the register by his or her signature that the claims are correct as to computations and payable out of the funds stated.

(Added in 1998 recodification)

A. The Director of Administrative Services will submit an approved, as evidenced by his or her signature, register of claims, as provided for in Section 2-7-210, to the City Council for their review on a weekly basis. In addition, when required, the Director of Administrative Services shall prepare and submit a separate written list of all claims which he or she fails to approve and which he or she believes should be rejected in whole or in part, together with his or her reasons therefor; and such a list shall be submitted separately, together with the register of claims, to the City Council.

B. All payments approved in accordance with the provisions of this chapter, if found authorized, correct and legal, shall be allowed by the City Council. Any claim may be allowed in whole or in part or rejected in whole or in part by the City Council. If any claim is rejected in whole or part, the fact of such rejection shall be plainly endorsed upon the claim by the Director of Administrative Services.

C. Except for those claims which must be paid on the last working day of the week, and as a result of prior authorization, undue financial hardships on the claimant, or internal time constraints, the Director of Administrative Services shall pay said claims on the following Monday afternoon at 5:00 p.m., if not advised or requested to the contrary by any member of the City Council, the City Manager, or a department director.

D. The City Council shall by resolution ratify the disbursement of funds for claims made against the City. The adopted resolution shall specifically reference the register of claims to which it relates and summarize said register of claims by specifying the beginning and ending number of the claims, the date thereof, and the amount of said claims in total and the fund in which they were drawn against.

(Added in 1998 recodification)

All claims shall be paid by check or electronic transfer. For purposes of this chapter, an electronic transfer means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account.

(Added in 1998 recodification)

Nothing in this chapter shall be construed as preventing the payment by the City Treasurer of the bonded indebtedness of the City and the interest coupons thereof, or payment on account of street improvement bonds and coupons in accordance with the laws authorizing the issuance of bonds.

(Code 1976, § II.H-307; Ord. No. 85-29, § 1, 9-24-85)