Long Beach Municipal Code Ch. 2.83 Claims Procedure

The provisions of this Section recognize that the general claims procedures against local public agencies, including the City, are governed by the provisions of Part 3 of Division 3.6 of the California Government Code, commencing with Section 900 and following.

(Ord. C-5753 § 1, 1981; prior code § 2711)

Pursuant to the authority of Section 935 of the Government Code of the State of California, the City establishes the following claims procedure for those claims for money or damages against the City which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code, and which are not governed by any other statutes or regulations expressly relating thereto:

A. Employee claims. Notwithstanding the exceptions contained in Section 905 of the Government Code of the State of California, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, back pay and other expenses or allowances claimed due from the City, when a procedure for processing such claims is not otherwise provided by State or local law or memorandum of understanding, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.4 of the Government Code of the State of California, and such claims shall further be subject to the provisions of Section 945.4 of the Government Code relating to the prohibition of suit in the absence of presentation of claims and action thereon by the City Council.

B. Contract and other claims. In addition to the requirements of Subsection 2.83.020.A. of this Section and notwithstanding the exemptions set forth in Section 905 of the Government Code of the State of California, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State or local law, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.4 of the Government Code of the State of California and such claims shall further be subject to the provisions of Section 945.4 of the Government Code relating to the prohibition of suit in the absence of presentation of claims and action thereon by the City Council. The foregoing reference to Government Code Section 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.

C. Late claims. When a claim required by the procedure to be presented within a period of less than one (1) year after the accrual of the cause of action is not presented within the required time, an application may be made to the City for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.2, inclusive, and Sections 946.4 and 946.6 of the California Government Code are applicable to all such claims.

(ORD-12-0003 § 1, 2012; Ord. C-5753 § 2, 1981; prior code § 2711.1)