Norwalk Municipal Code Ch. 3.12 Claims and Demands Against City

All claims and demands against the City for money or damages shall be presented in writing by the claimant or by a person acting on the claimant's behalf.

No City officer shall, except for his or her own services or upon any claim or contract personal to such City officer, present any claim 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 whose interest may be affected may appear before the City Council in person or by attorney and oppose or advocate the allowance of any claim or demand made against the City.

(Prior code § 3-3.1; Ord. 1531 § 1, 2002; Ord. 21-1722 § 2)

All such claims or demands may be presented upon forms approved by the City Council and shall contain the information required by Section 910 of the California Government Code, together with such additional information as the City Council may require. Such claim or demand shall be signed by the claimant or on his or her behalf; provided, however, that claims for supplies, materials, equipment or services need not be signed by the claimant or on his or her behalf, if presented on a billhead or invoice regularly used in the conduct of the business of the claimant.

(Prior code § 3-3.2; Ord. 21-1722 § 2)

A. All claims against the City for money or damages specifically exempted from or not otherwise governed by Part 3 of Division 3.6 of Title 1 of the California Government Code (hereinafter, the "Tort Claims Act") or another State law (hereinafter, "Claims") shall be presented within the same time and in the same manner prescribed by the Tort Claims Act for claims to which the Tort Claims Act applies, as those provisions now exist or shall hereafter be amended, and also as provided in this section.

B. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section.

C. In accordance with Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section prior to the filing of suit on such claims.

D. If the application of the time periods established by this section for the presentation of claims to the City would extinguish an existing claim which is not otherwise time-barred, then the date by which that claim must be presented to the City shall be the sooner of: (1) the date the claims period would have expired with respect to that existing claim if this section had not been adopted; or (2) six months after the effective date of this section for claims described in the first sentence of Government Code Section 911.2 or one year after the effective date of this section for claims described in the second sentence of that section. Nothing in this section shall extend the time for the presentation or any claim which time was established by statute, ordinance, or other law in effect prior to the adoption of this section.

(Prior code § 3-3.3; amended during 1999 codification; Ord. 1531 § 2, 2002; Ord. 21-1722 § 2)

A. By City Clerk. All claims or demands required to be presented to the City Clerk by these provisions shall be transmitted forthwith to the City Attorney or the City's claim administrator for his or her review.

B. Any claim or demand may allowed in part and rejected in part by the City Council. The City Council may approve a claim, demand or register of demands by simple motion or other official action upon the record to clearly indicate approval of such claim, demand or register of demands. In such event, the City Treasurer shall be entitled to require a certified copy of the claim, demand or register of demands as approved by the City Council with such changes as shall have been made therein, which copy shall be certified by the City Clerk as a true copy and transcript of the action taken by the City Council.

C. Exceptions—Payroll Warrants or Checks. Notwithstanding subsections A and B of this section, payroll warrants or checks need not be audited by the City Council prior to approval. As provided in subsection (c) of Government Code Section 37208, such payroll demands shall be presented to the City Council for ratification and approval in the form of an audited comprehensive annual financial report not later than September 1st of each year.

(Prior code § 3-3.4; amended during 1999 codification; Ord. 21-1722 § 2)

No claim or demand may be compromised without the written approval of the City Attorney and/or the City's claim administrator being first obtained.

(Prior code § 3-3.5; Ord. 21-1722 § 2)

Upon approval of claims, demands or registers of demands, the City Treasurer shall draw a warrant upon the City Treasury.

(Prior code § 3-3.6; Ord. 21-1722 § 2)

Anything in this chapter notwithstanding, the time and manner which such claims and demands are to be filed, amended, acted upon or suit is to be brought thereon, shall be governed by the California Government Code Sections 900-915.2, 930.2-930.6, 935-935.4, 940-950, which sections are incorporated in this chapter by reference and made an integral part hereof as though set forth in full.

(Prior code § 3-3.7; Ord. 21-1722 § 2)