Scotts Valley Municipal Code Ch. 1.05 Claims Against the City

This chapter is adopted pursuant to and in conformity with Sections 905, 930.2, 935 and 29700 et. seq. of the California Government Code. (Ord. 172 § 1 (part), 2001)

The purposes of this chapter are to allow the city to make a timely investigation of the facts on which a claim is based so as to have an opportunity to settle just claims before suit is brought to defend itself against unjust claims, and promptly correct any conditions or practices which gave rise to claims. (Ord. 172 § 1 (part), 2001)

All claims against the city for money or damages which are excepted by section 905 of the Government Code from the claims procedure provided by Part 3 of Division 3.6, Title 1 of the Government Code and which are not expressly governed by any other statute or regulation shall be governed by this Chapter. (Ord. 172 § 1 (part), 2001)

No suit for money or damages may be brought against the city on a cause of action for which this chapter requires a claim to be presented until a written claim therefor has been filed in conformity with this chapter. Only the person who filed the claim may bring such a suit. (Ord. 172 § 1 (part), 2001)

The claim for any cause of action specified in Section 1.05.030 shall be presented in the manner provided in Section 1.07.070 of this chapter as applicable and shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this chapter. A claim relating to a cause of action for death or for injury to a person or to personal property or growing crops shall be presented not later than six months after accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. Each claim shall be verified by the person who claims to be entitled to be paid the money or damages or by his or her guardian, conservator, executor or administrator. (Ord. 172 § 1 (part), 2001)

Claims under this chapter shall be filed as specified in this section:

A. Any claim for salaries and wages of city officers and employees shall be presented to the director of finance in the number and on the forms prescribed by the director of finance. The claim shall be certified by the head of the department or office in which the officer or employee is employed.

B. Any claim for mileage, travel and other expenses of city employees shall be presented to the director of finance on forms prescribed by the director of finance. The claim shall be signed by the claimant and certified by the head of the department or office whose appropriations are charged with the expenditure.

C. Any claim for transportation of city officers or employees or other authorized persons, payable to public carriers, shall be presented to the director of finance on forms prescribed by the director of finance. The claims shall be certified by the officer whose appropriations are charged with the expenditure.

D. Any claim for principal or interest shall be based solely upon presentation of the matured bond, interest coupon, or other evidences of indebtedness.

E. Any claim by the state or a department or agency of or by another public entity relating to a cause of action for death or for injury to person or to personal property shall be presented to the city clerk . Any other claim by the state or a department or agency thereof or by another public entity shall be presented to the director of finance on forms prescribed by the director of finance and such claim shall be certified by the officer directing the expenditure, where appropriate.

F. Any claim for money or damages for loss or damage to personal property entrusted to the care and custody of a city officer or employee as a result of such claimant's confinement in any city facility and for which existing public liability and property damage insurance policies of the city do not otherwise cover, shall be filed with the city clerk.

G. Any claim for money or benefits under the Workers' Compensation Law (Division 4 of the Labor Code and Title 8 of the California Administrative Code) shall be presented to the city manager on forms prescribed by the division of industrial accidents or by the city manager.

H. Wherever in this section certification of a claim is required to be made by the head of a department or office, it shall be deemed to include certification by his designated subordinate; wherever in this section certification is required on a claim, the claimant shall present the claim to the designated officer for certification before presentation to the director of finance or city manager but if, within ten days after presentation to such officer, the officer has failed or refused to certify the claim, the claimant may present the uncertified claim to the director of finance or city manager including thereon an appropriate notation showing presentation to the designated officer and his failure or refusal to certify.

I. As an alternative procedure to that specified in this section for the filing of any of the foregoing claims, any claimant of a claim under this chapter may file such claim with the city clerk on the form provided by the director of finance or city manager but need not obtain certification of the claim prior to such filing.

J. Whenever as prescribed in subsection A of this section certification of a claim is required to be made by the head of the department or office for salaries and wages of city officers and employees and a state of extreme emergency, state of disaster, or state of local disaster exists, including and emergency resulting from a labor controversy, during the period of such state of extreme emergency, state of disaster, or state of local disaster, including an emergency resulting from labor controversy, it will be presumed, in absence of receipt by the director of finance of information to the contrary, that no change in the payroll status of the city officers and employees in the department or office has occurred and that work by the officers and employees has been performed during normal working hours. In such event, salaries and wages of such city officers and employees may be paid without a certification of a claim from the head of the department or office as otherwise provided. Any amounts paid in excess of salaries and wages due and owing to such city officers and employees by reason of this provision shall be recovered by the city from such city officers and employees in the same manner as other overpayments for salaries and wages are recovered. (Ord. 172 § 1 (part), 2001)

The director of finance shall audit and allow or reject claims presented to the director of finance under subsections A through J of Section 1.05.070 in lieu of and with the same effect as allowance or rejection by the city council. (Ord. 172 § 1 (part), 2001)

The director of finance, city manager, or city council shall act upon any claim filed pursuant to this chapter within the time prescribed by Section 912.4 of the Government Code and in the manner prescribed by Section 912.6 of that code for action by a board, and the failure or refusal of the director of finance, city manager, or city council to act on a claim shall be the effect stipulated in said Section 912.4. Any action brought by the claimant in the cause of action set forth in any claim filed pursuant to this chapter shall be brought within the time specified in Section 945.6 of the Government Code. (Ord. 172 § 1 (part), 2001)

The director of finance, city manager, or city council may, in their discretion, within the time prescribed by section 945.6 of the Government Code for commencing an action on the claim, reexamine a previously rejected claim within their jurisdiction in order to consider settlement of the claim in accordance with section 913.2 of the Government Code. (Ord. 172 § 1 (part), 2001)

In accordance with the authorization granted by Section 930.2 of the Government Code, the following procedure may be made applicable to the presentation and processing of claims arising out of or relating to contracts and agreements to which the city is a party.

A. Time Limitation. A claim under this chapter based upon the accrual of a cause of action arising from a purchase order or other agreement of the city shall be presented in the manner provided in subsections B and C of this section not later than one year after the accrual of the cause of action. For the purpose of computing the time limit prescribed by this section the date of accrual of a cause of action which is the subject matter of a claim is the date upon which the cause of action accrued within the meaning of the applicable statute of limitations, as defined by Section 901 of the Government Code.

B. Claim Form—Purchase Order Forms. The presentation of claims for materials or services furnished in compliance with purchase orders issued by the city shall be as follows:

1. The claimant shall file one copy of his invoice with the director of finance, One Civic Center Drive, Scotts Valley, California 95066.

2. The invoice shall show the following:

a. The date service was rendered or materials furnished;

b. The purchase order reference under which the materials or services were furnished;

c. The claimant's name and post office address to which the remittance is to be mailed;

d. A detail of the items invoiced, the unit price, sales tax where applicable, and the total amount claimed.

3. The director of finance shall, prior to payment of the invoice, secure the certification of the ordering department of receipt of goods in compliance with the purchase order.

C. Claim Form—Agreements Other Than Purchase Orders. If the claim is based upon an agreement other than a purchase order, the claim shall be completed by the claimant by filling in all applicable blanks and shall be presented by the claimant to the director of finance or to the officer or agent to whom the city council has given responsibility for administrative supervision of the contract performance in triplicate, on forms furnished or approved by the director of finance. A claim may be filed by mail but will not be deemed filed unless and until its actual receipt by the director of finance or other authorized officer or agent. The director of finance shall secure certification of performance by the administering officer or agent prior to the payment of the claim.

D. Action on Contract Claims. If the claim is based upon a purchase order or if the claim is based upon a contract other than a purchase order, it shall be acted upon by the city council with recommendation by the city manager within the time prescribed by Section 912.4 and in the manner prescribed by Section 912.6 of the Government Code for action by the board of a local public entity. Any action brought by the claimant on the cause of action set forth in the claim shall be brought within the time specified in Section 945.6 of the Government Code. Sections 911.4 to 912.2 of the Government Code shall apply to all claims under this section.

E. Action on Certain Car Rental Agreement Claims. Notwithstanding subsections B, C and D of this section, claims for damages to rental cars under contracts or agreements with the city where collision damage waivers are declined shall be administered by the city manager, subject to the same settlement authority authorized for settlement of tort liability claims under Section 1.05.130. (Ord. 172 § 1 (part), 2001)

A. All tort liability claims required to be presented to the city under the provisions of the California Government Claims Act (Government Code Section 810, et. seq.) or this chapter shall be filed with the city clerk.

B. The city manager or his/her designee of the city is authorized to allow, compromise or settle any tort liability claim or other claim for damages or any legal action for damages that is filed against the city, its officers or employees; provided:

1. The amount to be paid pursuant to such allowance, compromise or settlement, does not exceed two thousand five hundred dollars and the allowance, compromise or settlement is approved by the city attorney. If the amount to be paid exceeds two thousand five hundred dollars, the allowance, compromise or settlement must be approved by the city council; and

2. The claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise or settle claims or actions within the scope of such policy.

C. In all claims or actions that are allowed, compromised or settled, the director of finance will be responsible upon written order of the city attorney, and in accordance with the terms of such allowance, compromise or settlement, to cause the necessary warrant to be issued upon the treasury of the city in any amount for which such tort liability claim or action has been allowed, compromised or settled pursuant to this section. (Ord. 172 § 1 (part), 2001)

A. All city employees making a claim for workers' compensation benefits under the provisions of Division 4 (commencing with Section 3200) of the Labor Code shall file such claims with the city manager, or the Workers' Compensation Appeals Board pursuant to Division 4, Chapter 3 of the Labor Code and Title 8, Administrative Code, Section 10400.

B. The city manager is authorized to allow, compromise or settle any workers' compensation claim or case that is filed against the city; provided:

1. The amount to be paid pursuant to such allowance, compromise or settlement does not exceed ten thousand dollars;

2. The claim or action is for benefits as defined under the Workers' Compensation Laws of the state;

3. The claim or action is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise or settle claims or actions within the scope of such policy; and

4. Any such compromise or settlement is approved by the Workers' Compensation Appeals Board (WCAB).

C. In all workers' compensation claims or actions that are allowed, compromised or settled, the city's workers' compensation claims administrator shall, upon order from the risk manager, cause the necessary check to be issued from the city's workers' compensation trust account in an amount for which any workers' compensation claim or action has been allowed, compromised or settled and approved by the Workers' Compensation Appeals Board (WCAB). (Ord. 172 § 1 (part), 2001)