La Palma Municipal Code Art. II Claims, Demands Against City

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State Law reference— Claims against public entities generally, Government Code § 900 et seq.

(a) No City officer shall, except for his or her own service, present any claim, account or demand 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 or demand made by any other person. Any person may appear before the City Council and oppose the allowance of any claim or demand made against the City.

(b) Claims and demands arising out of tort and all claims and demands not founded upon contract shall set forth the time and place the claim arose, the public property, officers or employees alleged to be at fault, the nature and extent of the injury or damage claimed and full details as to the nature of the claim, shall be signed and verified to be correct by the claimant or someone authorized by him or her and shall be filed with the City Clerk within six months after the accident or event occurred. All other claims and demands shall be presented in writing and filed with the City Clerk within one year after the last item of the account or claim occurred and need not be signed or verified. Unless so presented and filed, no such claim or demand shall be approved, allowed or paid, and the City shall not be liable upon any suit or action based upon any such claim or demand which is not filed in the form and within the time herein provided.

(c) The City Council shall not hear or consider or allow or approve any claim, bill or demand against the City, unless such claim, etc., is itemized, giving names, dates and particular services rendered, character of process served and upon whom, distance traveled, character of work done, the number of days engaged, materials and supplies furnished, the price therefor, and other pertinent details as the case may be. Salaries and wages of officers and employees of the City shall not be considered to be claims, accounts, bills or demands against the City.

(Code 1975, § 8-4; Ord. No. 19, § 1)

(a) The City Manager shall present to the City Council for its approval a tabulation of claims and demands in the form of a register of demands. Such register shall be signed by the City Manager and shall consist of the check numbers, the names of the vendors to be paid, the amounts to be paid, and a brief general description of the items for which payment will be made. Approval of the register by the City Council shall be in the form of a duly adopted resolution.

(b) Except as otherwise provided by law, no warrant or register of demands shall be drawn or evidence of indebtedness issued unless there is at the time sufficient money in the treasury legally applicable to the payment of the same.

(c) Any claim or demand against the City or against any City officer in his or her official capacity, payable out of any City fund or any fund under control of the City Manager shall be filed and presented to the City Council as herein provided before any suit may be brought thereon. No suit may be brought on any claim until it has been rejected in whole or in part. If the City Council refuses or neglects to allow or reject a claim for 90 days after it is filed with the City Manager, the claimant shall treat such refusal or neglect as final action and rejection on the 90th day.

(Code 1975, § 8-5; Ord. No. 19, § 1; Ord. No. 79-3, § 6; Ord. No. 2004-07)