Signal Hill Municipal Code Ch. 3.28 Claims Against City

This chapter is enacted pursuant to Cal. Gov’t Code § 935.

(Ord. 2013-11-1463 § 1)

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

(Ord. 2013-11-1463 § 1)

All claims shall be made in writing and verified by the claimant or by the guardian, conservator, executor or administrator of claimant. In addition, all claims shall contain the information required by Cal. Gov’t Code §§ 910 through 915.4. The foregoing reference to Cal. Gov’t Code §§ 910 through 915.4 shall not be construed to authorize a class claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class.

(Ord. 2013-11-1463 § 1)

All documents setting forth claims or demands against the City which may come into the hands of the City Clerk or any other officer of the City shall be forthwith delivered to the director of finance. The director shall audit each demand and investigate each claim for damages and shall cause the same to be promptly presented to the City Council with a recommendation as to the action which should be taken. Notwithstanding the foregoing, the director may delegate to a third-party administrator the general administration of claims under the continued supervision of the director of finance.

(Ord. 2013-11-1463 § 1)

In accordance with Cal. Gov’t Code §§ 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 contained in the sections of Chapter 3.28.

(Ord. 2013-11-1463 § 1)

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof to prevent or enjoin the collection of taxes, fees or fines sought to be collected pursuant to any provision or resolution ordinance of the city for the payment of all taxes, fees or fines. Payment of all taxes, fees or fines, interest and penalties shall be required as a condition precedent to seeking judicial review of the validity or application of any such tax, fees or fines.

(Ord. 2013-11-1463 § 1)

The city manager or his/her designee is hereby authorized to allow, reject, compromise, or settle any tort claim for a sum not to exceed five thousand dollars ($5,000.00). Upon approval by the city manager or his/her designee, the director of finance shall cause a warrant to be issued upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled.

(Ord. 2013-11-1463 § 1)

Any action brought against the city upon any claim or demand shall conform to the requirements of Cal. Gov’t Code §§ 940 through 949. Any action brought against any employee of the city shall conform with the requirements of Cal. Gov’t Code §§ 950-951.

(Ord. 2013-11-1463 § 1)

A. If a claim or demand against the city is presented to the city council and allowed and ordered paid by it, the mayor shall draw a warrant upon the treasurer for the amount allowed, which warrant shall be countersigned by the city clerk and shall have the seal of the city attached thereto. The warrant shall also specify for what purpose it is drawn and out of what fund it is to be paid.

B. If the warrant statement referred to shows sufficient available funds in the treasury legally applicable to the payment of the same, and in case of a written contract that the condition under which the money would become due has been performed, the mayor shall cause a warrant to be drawn thereon, in the same manner as provided for the payment of other claims and demands.

(Ord. 2013-11-1463 § 1)

Notwithstanding the general provisions of Section 3.28.020 with respect to claims, pursuant to the authority contained in Cal. Gov’t Code § 935, the following claims procedures are established for those claims against the city for money or damages not now governed by state or local laws:

A. Employee claims. Notwithstanding the exceptions contained in Cal. Gov’t Code § 905, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, or vacation pay, sick leave pay, and any other expenses or allowances claimed due from the city, when a procedure for processing such claims is not otherwise provided by state or local laws shall be presented within the time limitations and in the manner prescribed by Cal. Gov’t Code §§ 910 through 915.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon by the city council.

B. Contract and other claims. In addition to the requirements of this chapter, and notwithstanding the exemptions set forth in Cal. Gov’t Code § 905, all claims against the city for damages or money, when procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Gov’t Code §§ 910 through 915.4 relating to the prohibition of suit in the absence of presentation of claims and action thereon by the City Council.

(Ord. 2013-11-1463 § 1)