Los Angeles Municipal Code Art. 7.1 Reimbursement for Lost or Damaged Property of City Employees

If property or prostheses of a city employee, normally carried or worn by the employee in the course of the employee’s duties, including eyeglasses, hearing aids, dentures, watches and articles of clothing, are lost, stolen, damaged or destroyed in the performance of the employee’s duties, other than by normal deterioration through passage of time, the city will reimburse such employee for the loss incurred subject to the conditions and limitations set forth in this article.

SECTION HISTORY

Added by: Ord. No. 140,180, Eff. 5-15-70. Amended by: Ord. No. 160,620, Eff. 2-13-86.

If tools of a city employee, required by the nature of the employee’s employment to be furnished at the employee’s own expense, are damaged or destroyed by fire or are stolen or disappear mysteriously while such employee is engaged in the performance of the employee’s duties either on or off city premises, or while such tools, though not in use in the performance of the employee’s duties, are on city premises with the consent of the employee’s supervisor, the city will reimburse such employee for the loss incurred, subject to the conditions and limitations provided in this article.

SECTION HISTORY

Added by: Ord. No. 140,180, Eff. 5-15-70.

Sec. 4.106.3. “City Employee” Defined.

The term “city employee”, as used in this article, means any person who holds a city office or position, whether compensated or not. Moreover, the provisions of this article shall not apply to employees of the Department of Water and Power, Department of Airports and the Harbor Department.

SECTION HISTORY

Added by: Ord. No. 140,180, Eff. 5-15-70.

Sec. 4.106.4. “Property” Defined.

The term “property” as used in this article does not include tools.

SECTION HISTORY

Added by: Ord. No. 140,180, Eff. 5-15-70.

No reimbursement shall be given:

(a) For losses incurred prior to the effective date of this article, or any amendment hereto, except where a claim for such loss was
timely filed prior to such date.

(b) For property or prosthesis damaged or destroyed due to the fault of the employee.

(c) For tools lost due to the fault of the employee.

(d) For damage, destruction or loss of jewelry (other than watches as provided in Section 4.106.1).

(e) For damage or destruction of vehicles, except where the Council determines that reimbursement, in whole or in part, is
appropriate under all the circumstances.

(f) None.

(g) To the extent to which the employee may be entitled to reimbursement from any other source.

(h) If the employee does not file the proper application for reimbursement within the proper time and in all other respects comply
with the conditions of this article.

(i) If the employee’s claim is denied pursuant to the provisions of this article.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 152,551, Eff 8-12-79; Subsec. (b), repealed, Subsecs. (c) - (f) re-lettered (b) - (e), Ord. No. 160,620, Eff. 2-13-86.

If a city employee is entitled to reimbursement under this article, the amount of reimbursement shall be calculated by subtracting the sum of five dollars and any other amount the employee may be entitled to receive as reimbursement from other sources, if any, from the lesser of the following:

(a) The cost of repair of the property, prostheses, or tools.

(b) The cost of replacement of the property, prostheses or tools.

(c) The market value of the property or tools, other than prostheses, hearing aids, or glasses, immediately prior to loss or damage.

SECTION HISTORY

Added by: Ord. No. 140,180, Eff. 5-15-70.

A city employee requesting reimbursement under the provisions of this article shall file their verified application for reimbursement with the head of the employee’s department unless the employee is a department head or a city officer, in which case the employee shall file such verified application with the Director of the Office of Administration and Research Services. The city employee shall file such application within five working days after the employee becomes aware or should have become aware of the damage, destruction or loss of the property, prostheses or tool, unless prevented by disability, act of God, or other good reason, and the person or persons responsible for approving the application so find. If the application is filed more than five working days after the damage, destruction or loss of the property, prostheses or tool, because the applicant was not aware of such damage, destruction or loss, the applicant shall state in the application the facts explaining why the applicant was not so aware. Whenever an application is filed under this article, the damaged property, prostheses or tool shall accompany the application for reimbursement, if possible. If not possible the application shall so state, and why. The department head or the department head’s authorized representative or, in the case of department heads or city officers, the Director of the Office of Administration and Research Services shall either retain the damaged property, prostheses or tool until the application is finally determined or return it to the applicant, in which case the applicant shall retain the damaged property, prostheses or tool until the application is finally determined.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70. Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

The department head or, where applicable, the Director of the Office of Administration and Research Services, shall indicate the department head’s or Director’s approval or disapproval of the application by placing thereon the department head’s or Director’s endorsement, in an appropriate manner and shall forward the application to the Purchasing Agent. If the department head or the Director of the Office of Administration and Research Services finds that the employee is not entitled to any reimbursement, the department head or Director shall so notify the employee in writing and such denial shall be final and not subject to review.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70. Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

If the application for reimbursement is approved by the department head, or the Director of the Office of Administration and Research Services, it shall be forwarded to the Purchasing Agent, who shall determine the cost of repair, cost of replacement, or market value of the item, as the case may be, and state such cost value on the application. If the Purchasing Agent finds that such cost for repair, cost of replacement or market value (whichever is applicable) does not exceed the sum of five dollars, plus the amount of reimbursement which the applicant shall be entitled to receive from other sources, if any, the Purchasing Agent shall deny the application and so notify the applicant in writing on the application which shall be returned to the applicant. Such denial shall be final and not subject to review.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70. Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

If the application for reimbursement is approved by the Purchasing Agent, the claim shall be returned to the applicable department where the department head or other appropriate city officer shall be authorized to draw demands directly upon a fund under the Purchasing Agent’s control which shall be established for the purpose of payment of reimbursement under this article.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70.

If the application is 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 property, prostheses or tool has sufficient salvage value to make sale as, or use as, salvage by the City practical, the applicant shall be required, as a condition of the allowance of the application and before approval of such application, to deliver and transfer title of such damaged article, prostheses or tool to the City.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70.

By filing an application pursuant to this article, the applicant agrees to subrogate to the City any right which the applicant may have to reimbursement from others for the damage, loss or destruction of the property, prostheses or tool which is the subject of the application, to the extent of the reimbursement paid to the applicant by the City, unless such right of reimbursement from others was taken into account in computing the award to be paid hereunder pursuant to Section 4.106.6 of this article.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70.

The Director of the Office of Administration and Research Services may establish rules and regulations for the implementation of this article.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70. Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

Applications filed pursuant to the provisions of this article shall be made under oath or affirmation subject to penalty of perjury.

SECTION HISTORY

Added by Sec. 140,180, Eff. 5-15-70.

It is the intent of the City Council to provide reimbursement hereunder only if there is compliance with all conditions of this article, therefore, it should be held that any exception, limitation or condition of this article is invalid, then in that event, the entire article shall be of

no effect.

SECTION HISTORY

Added by Ord. No. 140,180, Eff. 5-15-70.