San Bernardino Municipal Code Ch. 3.16 Claims Against the City

Section

Statutory reference:

For provisions on claims and actions against public entities, see Cal. Gov’t Code, §§ 900 et seq.

The Mayor and City Council, Board of Water Commissioners and the Board of Trustees of the free public library of the city shall not hear, consider or act upon any claim which is excepted by Cal. Gov’t. Code, Title 1, Division 3.6, Part 3, Chapters 1 and 2, in favor of any person, firm or corporation, unless the same be presented and filed with the City Clerk, or in the case of the Board of Water Commissioners, with its secretary, in the manner and form required by law not later than one year after the accrual of the cause of actions.

(Ord. 821, passed 8-9-1921)

No suit for money or damages may be brought against the city or its boards, commissions, officers, employees or agents on a cause of action for which a claim is required to be presented hereunder until a written claim therefor has been presented to the city or its appropriate board or commission within the period of time and in the manner and form required by law and this chapter. Failure or neglect to comply with this chapter or any provision of law pertaining to claims against the city and its boards, commissions, officers, employees or agents shall invalidate the claim and no cause of action shall be based thereon.

(Ord. 821, passed 8-9-1921)

The Mayor and City Council, or the appropriate board or commission, shall act upon such claim or amended claim within the period of time and in the manner required and provided in Cal. Gov’t Code, § 912.4, and the consequence of their or its failure or refusal to act on such claim shall be governed by the provisions of said section.

(Ord. 821, passed 8-9-1921)

Any suit brought against the city, or its boards, commissions, officers, employees or agents on a cause of action for which a claim is required to be presented in accordance with this chapter, must be commenced not later than six months after the date the claim is acted upon by the Mayor and City Council or appropriate board or commission, or is deemed to have been rejected by the Mayor and City Council or Board or Commission, in accordance with the Cal. Gov’t. Code, §§ 945.6 and 946.

(Ord. 821, passed 8-9-1921)

The City Administrator, or his or her authorized representative, shall perform each function of the Mayor and City Council under this chapter and under Cal. Gov’t Code, Title 1, Division 3.6, Part 3 (§§ 900 et seq.), any amendments thereto or other related provisions of law, which relate to any claim except that he or she shall not allow, compromise or settle any claim against the city if the amount to be paid pursuant to such allowance, compromise or settlement exceeds $10,000.

(Ord. MC-638, passed 9-22-1988)

There shall be a claims review committee established consisting of the City Attorney, City Administrator and the Director of Human Resources and Risk Management.

(Ord. MC-638, passed 9-22-1988; Ord. MC-1027, passed 9-9-1998; Ord. MC-1625, passed 2-21-2024)

The Claims Review Committee’s function is to review and approve, by unanimous vote, all settlements above $10,000, but not exceeding $20,000.

(Ord. MC-638, passed 9-22-1988)