Los Angeles County Municipal Code Ch. 5.80 Damage to Employees' Property

Pursuant to Section 53240 of the Government Code and subject to the procedures, limitations and exceptions in this chapter, the county will pay a portion of the cost of replacing or repairing property or prostheses of county employees, such as eyeglasses, hearing aids, dentures, watches and articles of clothing necessarily worn or carried by such county employees, when any such items are damaged in line of duty without fault or negligence of such county employee.

(Ord. 97-0018 § 1, 1997: Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19001, 1942.)

As used in this chapter, the term "county employee" is not confined to persons holding positions provided for in the current salary ordinance of the county but includes every person referred to by the words "employee" as used in Section 53240 of the Government Code in conjunction with a county, including, but not limited to:

A.

All employees whose positions are listed in the current salary ordinance or in any other ordinance which creates a county office or position, as now or hereafter amended, whether compensated or not;

B.

Judges, officers and attaches of the municipal courts in this county;

C.

Inspectors, judges and clerks of precinct boards at elections conducted by this county;

D.

Trial jurors in municipal courts in the county who have been sworn as jurors.

(Ord. 97-0018 § 2, 1997: Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19002, 1942.)

If, subsequent to the effective date of this chapter, the property or prostheses of a county employee, necessarily carried or worn by him in the performance of his county duties, while so necessarily carried or worn, is by a sudden and unexpected event, damaged or destroyed without fault of the employee and not due to the negligence of any other person, subject to all of the exceptions, limitations and conditions of this chapter the county will reimburse such employee to the extent hereinafter stated in this chapter.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19004, 1942.)

The board of supervisors does not intend to reimburse to the full extent authorized by Section 53240 of the Government Code, but only to the extent and under the exceptions, limitations and conditions of this chapter. If it should be held that any exception, limitation or condition of this chapter is invalid then, in that event, this entire chapter shall be ineffective.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19003, 1942.)

A county employee shall not be entitled to reimbursement:

A.

If he does not file the proper claim within the proper time and in all other respects comply with the conditions of this chapter;

B.

For property or prostheses lost;

C.

For property or prostheses damaged or destroyed by his fault or by the negligence of any other person;

D.

To the extent to which he actually has received reimbursement from any other source;

E.

For the damage or destruction of any property or prostheses prior to December 27, 1963, the effective date of the ordinance codified in this chapter;

F.

For damage or destruction of vehicles or jewelry (other than watches);

G.

If his claim is denied pursuant to the provisions of this chapter.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19005, 1942.)

If a county employee is entitled to reimbursement under this chapter, the amount of reimbursement shall be calculated by subtracting $5.00 and by subtracting, also, the amount the employee actually has received from other sources, if any, from:

A.

The reasonable cost of repair of the property or prostheses, if such cost does not exceed either subsection B or C below;

B.

If the cost of repair of property, other than prostheses, hearing aids or glasses, exceeds the current market value of such property, the current market value;

C.

If the cost of repair of any prostheses, hearing aids or glasses exceeds the cost of replacement of such prostheses, hearing aids or glasses, the cost of replacement.

(Ord. 97-0018 § 3, 1997: Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19006, 1942.)

A.

A county employee requesting reimbursement shall submit his verified claim upon the form supplied to him by his department head to his department head. A member of a board, commission or committee, including the board of supervisors, or a department head shall submit his claim to the auditor-controller. A person eligible to make a claim under subsections B through D of Section 5.80.020 shall submit the claim to the auditor-controller, who shall fully resolve the claim in accordance with Section 5.80.080, but without further review pursuant to Section 5.80.140. In either case, the damaged property or prosthesis shall accompany the claim if possible. If not possible the claim shall so state, and why. The person with whom a claim is filed pursuant to this section shall either retain the damaged property or prosthesis until the claim is finally determined or return it to the claimant, in which case the claimant shall retain the damaged property or prosthesis until the claim is finally determined. A county employee shall file his claim within five working days after he becomes aware of the damage or destruction of the property or prosthesis, unless prevented by disability, act of God, or other good reason, and the person with whom the claim is filed so finds. If the claim is filed more than five working days after the damage to or destruction of the property or prosthesis because the claimant was not aware of such damage or destruction, he shall state in the claim the facts explaining why he was not so aware.

B.

The date of filing of a claim pursuant to this section shall be deemed to be the date of the filing of the claim with the county.

(Ord. 97-0018 § 4, 1997: Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19008, 1942.)

A.

Claims shall be approved or denied by the department head. In acting upon a claim, the department head may consult with the chief administrative officer and the purchasing agent as may be appropriate under the circumstances.

B.

In acting upon an approved claim, the department head shall determine the cost of repair, cost of replacement, or market value of the property or prosthesis as the case may be and state such cost or value on the claim. If the department head finds that such cost of repair, cost of replacement, or market value does not exceed $5.00 after deduction for the amount of reimbursement which the claimant has received, if any, the department head shall deny the claim and so notify the claimant.

C.

If the department head finds that the cost of repair, cost of replacement, or market value of the property or prosthesis, as the case may be, is greater than $5.00 but not more than $1000.00 after deduction for the amount of reimbursement which the claimant has received, if any, the department head shall calculate the amount due to the claimant, and shall request the auditor-controller to issue a warrant to reimburse the employee in accordance with this chapter.

D.

If the department head finds that the cost of repair, cost of replacement, or market value of the property or prosthesis, as the case may be, exceeds $1000.00 after deduction for the amount of reimbursement which the claimant has received, if any, the department head shall calculate the amount due to the claimant and deliver the approved claim to the auditor-controller for further review and, where appropriate, approval.

E.

If the department head determines that the claim shall be based on the market value or cost of replacement, as the case may be, and not on the cost of repair, and if the damaged article or prosthesis has sufficient salvage value to make sale as, or use as, salvage by the county practical, and the department head so finds, he may demand as a condition of the allowance of the claim that the claimant deliver to the department head, and transfer title to the county, such damaged article or prosthesis. If the department head makes such a demand, the department head shall not approve the claim until the claimant complies with the demand.

F.

If the department head finds that a county employee is not entitled to any reimbursement, he shall so notify such county employee. The denial of the claim by the department head shall be final and not subject to review.

G.

For purposes of this chapter, where the claimant is a member of a board, commission or committee, or a department head, the auditor-controller shall act as the department head.

(Ord. 97-0018 § 5, 1997: Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19009, 1942.)

Upon receiving from the department head an approved claim which pursuant to the provisions of section 5.80.080 the department head has determined to be in excess of $1000.00, the auditor-controller shall approve or deny the claim and notify the department head of the approval or denial. If approved, the department head shall request the auditor-controller to issue a warrant. The denial of a claim by the auditor-controller shall be final and not subject to review.

(Ord. 97-0018 § 7, 1997: Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19015, 1942.)

By filing a claim pursuant to this chapter the claimant agrees to subrogate to the county any right which he may have to reimbursement from others for the injury or destruction of the property or prosthesis which is the subject of the claim, to the extent of the reimbursement paid to him by the county.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19016, 1942.)

Consistent with the provisions of this chapter, the chief administrative officer shall prescribe the number of copies and form of claim to be filed and all of the details and procedures for the allowance or rejection of claims filed pursuant to the provisions of this chapter.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19017, 1942.)

The board reserves the right to amend or repeal this chapter at any time. Such amendment or repeal shall not affect the right of any person arising from the destruction or damage of any article or prosthesis necessarily worn or carried by any county employee which destruction or damage occurred prior to the effective date of such amendment or repeal.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19019, 1942.)

Every person is guilty or violating this chapter and of violating Ordinance 4099, as those words are used in subsection H of Section 5.12.050 of this code who, in conjunction with any claim:

A.

Suggests or states as a fact that which is not true if he does not believe it to be true; or

B.

Asserts as a fact, that which is not true if he has no reasonable ground to believe that it is true; or

C.

Suppresses any fact which he knows or believes to be material in conjunction with any claim made by him.

(Ord. 8523 § 1 (part), 1963: Ord. 4099 Art. 95 § 19018, 1942.)