Article VIII — CLERK-AUDITOR-RECORDER

(A) Qualifications for holding the Office of San Benito County Clerk-Auditor-Recorder, or for election or appointment to the office, shall be those provided for in Cal. Gov’t Code § 26945, as existing or hereafter amended, and until this section is repealed. The qualifications prescribe levels of experience and education relating to accounting, auditing and finance. (B) All persons desiring to become a candidate for the position of the San Benito County Clerk-Auditor-Recorder shall provide to the County Clerk, at the time of filing for the position, or prior to an appointment by the Board of Supervisors to this position, a written statement declaring the manner under which he or she qualifies for the position.

(1966 Code, § 2-64) (Ord. 679, § 1)

(A) The County Auditor shall audit and allow or reject claims in lieu of, and with the same effect as, allowance or rejection by the Board of Supervisors in any of the following cases: (1) Expenditures which have been authorized by purchase orders issued by the Purchasing Agent or other officer authorized by the Board; (2) Expenditures which have been authorized by contract, ordinance, resolution or order of the Board; (3) Expenditures under any statute authorizing payment of public aid or assistance which have been ordered by the Board; (4) Expenditures for charges incurred by the county pursuant to the provisions of Cal. Gov’t Code Title 3, Division 3, Chapter 3, commencing with § 29600; (5) Refunds of unearned permit fees and similar fees authorized by resolution of the Board of Supervisors; and (6) Expenditures for emergency and short-notice travel expenses. (B) The Auditor shall issue his or her warrant on the county treasury for such an amount for each claim he or she finds to be a correct and legal county charge. (C) Pursuant to the authority granted by Cal. Gov’t Code §§ 29701 and 29742, the three-day waiting period for all claims otherwise required by statute is eliminated. (1966 Code, § 2-65) (Ord. 791, § 1)

The Board of Supervisors may prescribe, by resolution, additional procedures for the audit and disposition of claims but the procedures so prescribed may not be inconsistent with the provisions of this chapter, Cal. Gov’t Code Part 3 (commencing with § 900) and Part 4 (commencing with § 940), Division 3.6 of Title 1 or of any other statutes or regulations expressly governing any such claims or the payment thereof. (1966 Code, § 2-66) (Ord. 791, § 1)

(A) Authority. This ordinance is enacted pursuant to Cal. Gov’t Code § 935. (B) Claims required. All claims against the county for money, damages, or refunds, not otherwise governed by the Government Claims Act, Cal. Gov’t Code §§ 900 et seq., or another state law (collectively “claims”), shall be presented within the time and in the manner prescribed by Cal. Gov’t Code Part 3 of Division 3.6 of Title 1 (commencing with § 900 thereof), for claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section. (C) Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, or administrator. All claims must contain the information required by Cal. Gov’t Code § 910, as that section now exists or shall hereafter be amended. The foregoing reference to Cal. Gov’t Code § 910 shall not be construed to authorize a class action claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class. All claims shall be filed with the Clerk of the Board. (D) Claim prerequisite to suit. In accordance with Cal. Gov’t Code §§ 935(b), 945.6, and 946, as those sections now exist or shall hereafter be amended, all claims shall be presented as provided in this section and acted upon by the county prior to the filing of any action on such claims, and no such action may be maintained by any person who has not complied with the requirements of this section. (E) Suit. Any action brought against the county upon any claim or demand shall conform to the requirements of Cal. Gov’t Code §§ 940 through 949. Any action brought against any officer or employee of the county shall conform to the requirements of Cal. Gov’t Code §§ 950 through 951. (F) Applicability. Nothing in this section revives or reinstates any claim or cause of action that, on the effective date of this ordinance enacting this chapter, is barred either by failure to comply with any applicable statute or ordinance requiring the presentation of a claim or by failure to commence an action thereon within the period prescribed by an applicable statute of limitations. (Ord. 2012-911, § 1, 2012)