Rolling Hills Municipal Code Ch. 3.08 Claims Against the City

No City officer shall, except for his own account, present any claim, account or demand for allowance against the City or in any way, except in the discharge of his official duties, advocate the relief asked in the claim or demand made by any other person. Any officer of the City or any other person may appear before the City Council and oppose the allowance of any claim or demand made against the City.

(Ord. 68 § 1, 1966).

Salaries, wages, and compensation of officers and employees of the City shall not be considered to be claims or demands against the City under this chapter. Checks for the payment of salaries, wages, and compensation shall, however, be included in the register of accredited demands presented for payment at meetings of the City Council and shall be paid by check signed in the manner provided in Section 3.08.050.

(Ord. 68 § 2, 1966).

The presentation, consideration and enforcement of claims, other than those enumerated in Section 905 of the Government Code of the State of California, is regulated by Section 910 to 913, inclusive, of the Government Code, and by Section 942, 946, and 945.8 of the Government Code. All claims against the City, including those enumerated under Section 905 of the Government Code, except such thereof as are covered by other State statutes or regulations, shall be presented, considered and enforced in the manner provided by said Section 910 to 913 inclusive, 942, 946, and 945.8 of the Government Code.

(Ord. 68 § 3, 1966).

Any claim or demand presented to the City shall first be examined by the City Clerk for compliance with the provisions of Section 3.08.030 and for determination whether or not such demand is a proper charge, either in whole or in part, against the City. The City Clerk may, in her discretion, refer any claim or demand to the City Attorney for a report when the Clerk deems the same necessary. The Clerk shall submit all claims presented to the City, together with her recommendation as to approval or rejection, to the City Council at the second regular Council meeting held following the presentation thereof to the City, at which time all such claims shall be approved in whole or in part, or rejected, by the City Council, and the City Council shall audit such claims and demands as required by law.

(Ord. 68 § 4, 1966).

A. If The City Council finds that any claim or demand is not a proper charge against the City, it shall be rejected by motion and minute order, and the fact of rejection shall be plainly endorsed upon the claim by the City Clerk. The City Clerk shall also, within five days of the action of the City Council, except as exempted by the provisions of Section 910.8 of the Government Code, notify the claimant in writing of the action of the City Council and the fact of rejection of such claim.

B. If any claim or demand is determined by the City Council to be a proper charge against the City, the same shall be allowed by minute order, made on roll call vote, setting forth as to each claim, other than an invoice claim for supplies, materials and equipment or services, the name of the claimant, a brief statement of the claim, the amount allowed, and a designation of the fund out of which it is to be paid. The City Clerk shall endorse upon each allowed claim the words "Allowed by the City Council," together with the date of allowance and the amount and from what fund, and the City Clerk shall attest the same with her signature. Unless immediate payment is made of such claim, the City Clerk shall notify the claimant or his authorized representative, in writing, within five days of the action of the City Council.

C. If the City Council finds any claim or demand is a proper charge against the City but is in an amount greater than is justly due, it shall reject said claim or demand, or allow it in the amount justly due and reject it as to the balance. If any claim or demand is allowed in part and rejected in part, it shall be done by motion and minute order, on roll call vote, setting forth as to each claim the name of the claimant, the amount of the claim, a brief statement of the claim, the amount allowed, and a designation of the fund out of which it is to be paid and the amount rejected. The fact of such allowance in part and rejection in part shall be endorsed upon such claim by the City Clerk with the words "Allowed by the City Council as to $_______; Rejected as to $_______ together with the date of such allowance and the fund from which payment is to be made, and the City Clerk shall attest the same with her signature. The City Clerk shall notify the claimant or his authorized representative, in writing, within five days of the action of the City Council.

(Ord, 68 § 5, 1966).

A. If the City Council finds that legal liability for the City or the amount justly due is disputed, the City Council may reject the claim or demand or compromise said claim or demand. If the claim or demand is rejected by the City Council, the City Clerk shall give the notice provided to be given under Section 3.08.050.

B. If the City Council allows the claim in whole or in part or compromises the claim, it may require the claimant to accept it in settlement of the entire claim.

(Ord. 68 § 6, 1966).

Notice may be given by mailing said notice to the address, if any, stated in the claim as the address to which the person presenting the claim desires notice to be sent. If no such address is stated in the claim, the notice may be mailed to the address, if any, of the claimant as stated in the claim. No notice need be given if a claim fails to state either an address to which the person presenting the claim desires notices to be sent, or an address of the claimant.

(Ord. 68 § 7, 1966).

The procedure in this section is adopted as an alternative to the procedure specified in Section 37203 of the California Government Code. All claims and demands of the City shall be paid by voucher check drawn against a bank account maintained by the City, which checks shall have not less than two signatures. Any member of the City Council and the City Manager are authorized to sign City checks.

(Ord. 68 § 8, 1966).

(Ord. No. 331, § 1, 10-22-2012)