Santa Clara County Municipal Code Ch. II Claims Against the County for Money or Damages

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Editor's note— Sec. 1 of Ord. No. NS-300.887, adopted Aug. 11, 2015, amended Ch. II to be retitled and to read as follows. Former Ch. II pertained to similar subject matter, consisted of § A9-4, and derived from Ord. No. NS-300.862, adopted June 25, 2013.

No suit for money or damages can be brought against the County unless a written claim therefor has been presented to the County in the time and manner set forth in Part 3 of Division 3.6 of Title 1 of the Government Code, commencing with Section 900. This Section A9-4 and Sections A9-5 to A9-8 of Chapter II of Division A9 will also apply to:

(1) All claims for indemnity;

(2) All claims presented by the State, any State Agency, or State Department; and by any other public entity, local government, or a judicial branch entity; and

(3) Claims by County employees for salary and wages.

(Ord. No. NS-300.887, § 1, 8-11-15)

All claims against the County shall be made in writing and signed by claimants or their guardians, conservators, executors, or administrators as required by Government Code section 910.2, and shall contain all information as required by Government Code section 910.

All claims against the County shall be presented to the Clerk of the Board of Supervisors as provided in Section A5-18 of the County Ordinance Code and Government Code section 915. Claims for a cause of action for death, injury to a person or personal property, or growing crops, shall be presented no later than six months after accrual of the cause of action pursuant to Government Code section 911.2. Claims pertaining to any other cause of action shall be presented no later than one year after the accrual of the cause of action.

(Ord. No. NS-300.887, § 1, 8-11-15)

Chapter II of Division A-9 does not apply to the following:

(1) Property tax assessment appeals that fall within the jurisdiction of an Assessment Appeals Board or Assessment Hearing Officer pursuant to Division A4 of the County's Ordinance Code.

(2) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any law relating to liens of mechanics, laborers, or material men.

(3) Claims by public employees for fees, mileage, or other expenses and allowances.

(4) Workers' compensation claims that are covered by Division 4 of Labor Code sections 3200 through 6208.

(5) Applications or claims for any form of public assistance under the Welfare and Institutions Code—or other provisions of the law—relating to public assistance programs; and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance.

(6) Applications or claims for money or benefits under any public retirement or pension system, except applications for disability retirement for public safety officers.

(7) Claims arising under any provision of the Unemployment Insurance Code, including, but not limited to, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest; or for refunds to workers of wage deductions in excess of the amount prescribed.

(8) Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code.

(9) Claims governed by the Pedestrian Mall Law of 1960 (Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code).

(10) Claims made pursuant to Code of Civil Procedure section 701.820 for the recovery of money pursuant to Government Code section 26680.

(11) Claims made pursuant to Education Code section 49013 for reimbursement of pupil fees for participation in educational activities.

(12) Claims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual abuse.

(13) Claims for $7,500.00 or less for property damage allegedly caused by County employees while acting within the course and scope of their employment with the County.

(Ord. No. NS-300.887, § 1, 8-11-15)

When the Clerk of the Board of Supervisors receives claims against the County, the Clerk of the Board of Supervisors shall send copies of claims to County Counsel and Risk Management no later than the following business day.

The County Counsel or his/her designee will and investigate review all claims received by the Clerk of the Board of Supervisors.

The County Counsel or his/her designee will advise County departments, offices, or agencies of claims against them or their employees, attaching County Counsel's litigation-hold notice.

All claims shall be acted upon by the Board of Supervisors pursuant to Government Code section 912.4. The Board authorizes County Counsel, or his/her designee—as its legal officer—to act upon claims pursuant to Government Code section 935.4 and County Ordinance Code Section A22-16, and to provide notice of the actions taken. These actions include those provided for in Government Code sections 910.8, 911.3, 911.6, 911.8, 912.2, 912.4, 912.6, 913, and 913.2.

(Ord. No. NS-300.887, § 1, 8-11-15; Ord. No. NS-300.912, § 2, 6-21-17)

Any action brought against the County upon a claim shall comply with Government Code sections 945 through 949. Any action brought against a current or former employee of the County upon a claim shall comply with Government Code sections 950 through 951.

(Ord. No. NS-300.887, § 1, 8-11-15)