Laguna Woods Municipal Code Ch. 3.04 Demands and Claims

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State Law reference— Ordinances governing claims procedures authorized, Government Code § 935.

(a) Authority. This section is enacted pursuant to the Government Code § 935.

(b) Claims required. All claims against the City for money or damages not otherwise governed by the Government Claims Act, Government Code § 900 et seq., or another state law (hereinafter in this section, "claims") shall be presented within the time, and in the manner, prescribed by Government Code, Part 3 of Division 3.6 of Title 1 (commencing with § 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 section.

(c) Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by Government Code § 910. The foregoing reference to Government Code § 910 shall not be construed to authorize a class claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class.

(d) Claim prerequisite to suit. In accordance with Government Code §§ 935(b) and 945.6, all claims shall be presented as provided in this section and either acted upon or deemed denied 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 subdivisions (b) and (c) of this section.

(e) Suit. Any action brought against the City upon any claim or demand shall conform to the requirements of Government Code §§ 940—949. Any action brought against any employee of the City shall conform with the requirements of the Government Code §§ 950, 951.

(f) Scope. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Director of Finance, the City Council, and any other City officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is a budget appropriation and in connection with which there is no dispute as to the obligation and amount being payable.

(Ord. No. 99-06, § 1(3.16.010), 4-7-1999; Ord. No. 12-04, § 1, 3-21-2012)

No payment shall be made from the City Treasury or out of the funds of the City Treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law.

(Ord. No. 99-06, § 1(3.16.020), 4-7-1999)

Claims against the City shall be paid on demands on the Treasury as herein provided on forms to be prescribed by the City Manager.

(Ord. No. 99-06, § 1(3.16.030), 4-7-1999)

Except for tort claims, every claim and demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property, or service for which payment is claimed. The receiving department or office shall also certify that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based, that the demand in all other respects is proper and valid, and shall indicate the budgetary account to which said demand is to be charged.

(Ord. No. 99-06, § 1(3.16.040), 4-7-1999)

Each demand approved by the receiving department or office shall be presented to the City Manager, who shall determine whether:

(1) The claim is legally due and owing by the City;

(2) There are budgeted or otherwise appropriated funds available to pay said claim;

(3) The claim conforms to a valid requisition or order;

(4) The prices and computations shown on the claim are verified;

(5) The claim contains the approval of other departments and officials as required.

(Ord. No. 99-06, § 1(3.16.050), 4-7-1999)

(a) Prepayment of demand prior to audit by the City Council may be made by the City Manager in conformance with the authority provided by Government Code § 37208.

(b) Whenever the City Manager determines that a refund of fees, taxes, or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise required pursuant to specific provisions of this Code or of any other ordinance of this City, is due then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same as other demands encompassed within the terms of Subsection (a) of this section.

(Ord. No. 99-06, § 1(3.16.060), 4-7-1999)

Following audit of demands, the City Manager shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register to the City Council, with a recommendation of approval or other report.

(Ord. No. 99-06, § 1(3.16.070), 4-7-1999)

The register of demands shall be presented to the City Council at the next meeting thereof. The City Council may by resolution approve, conditionally or partially approve, or reject such register of demands.

(Ord. No. 99-06, § 1(3.16.080), 4-7-1999)

Following approval of the register of demands by the City Council, the Mayor and the City Manager shall endorse the register of audited demands to signify that the demands therein were properly processed prior to any action taken by the City Council.

(Ord. No. 99-06, § 1(3.16.090), 4-7-1999)