Sierra Madre Municipal Code Ch. 3.40 Claims and Claims Procedures

Pursuant to the authority provided in Section 995 of the Government Code of the state of California, the following claims procedures are established for those claims hereinafter made or claimed against the city for money or damages not now governed by existing state law.

(Ord. 1126 § 1 (part), 1996)

For the purpose of this chapter, the following terms shall be defined as set forth in this section:

"Claims" as used in this section shall include: (a) all claims made by or on behalf of any public agency, governmental agency or the state of California or any political subdivision thereof; and (b) any claim, set-off or credit for salary or employee benefits submitted by any past or present employee of the city; and (c) any other claim not specifically covered by the provisions of the Government Code of the state.

(Ord. 1126 § 1 (part), 1996)

A. Authority. This chapter is enacted pursuant to Section 935 of the California Government Code.

B. Claims Required. All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this chapter, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the 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 chapter.

C. Forms of Claim. All claims shall be made in writing and verified by the claimant or by his/her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class, as required by this subsection. In addition, all claims shall contain the information required by California Government Code Section 910.

D. Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented, as provided in this section, and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of subsection B of this section.

E. Suit. Any action brought against the city upon any claim or demand shall conform to the requirements of Section 940.949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of Section 950-951 of the California Government Code.

F. Authority of City Manager or Designee. Pursuant to Government Code Section 935.4, the city council delegates authority to the city manager or his or her designee to review all claims for sufficiency and to allow, compromise, or settle a claim against the city for an amount up to fifty thousand dollars. The city council shall have sole authority to allow, compromise, or settle claims for an amount greater than fifty thousand dollars.

(Ord. 1245 § 1, 2006: Ord. 1126 § 1 (part), 1996)

(Ord. No. 1481, § 2, 6-10-25)