Simi Valley Municipal Code Ch. 2 Claims and Demands

The provisions of this chapter recognize that the general claim procedures applicable to local public agencies, including the City, are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the State, commencing with Section 900 and following.

(§ 1, Ord. 19, as amended by § 1 (part), Ord. 305 C.O., eff. October 12, 1977)

Pursuant to the authority set forth in Section 935 of the Government Code of the State, the following claim procedures are established for those claims against the City for money or damages which are not governed by State or local laws:

(a) Employee claims. Notwithstanding the exceptions set forth in Section 905 of the Government Code of the State, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, or any other expenses or allowances claimed due from the City, where 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 set forth in Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945.4 of such Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Council.

(b) Contract and other claims. In addition to the requirements of subsection (a) of this section, and notwithstanding the exemptions set forth in Section 905 of the Government Code of the State, all claims against the City for damages or money, where 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 set forth in Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945.4 of such Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Council.

(§ 2, Ord. 19, as amended by § 1 (part), Ord. 305 C.O., eff. October 12, 1977)

All claims or demands against the City shall be filed with the City Clerk.

(§ 3, Ord. 19, as amended by § 1 (part), Ord. 305, eff. October 12, 1977)

All claims filed with the City Clerk which are covered by insurance shall be forwarded by the City Clerk, in conjunction with action thereon pursuant to Section 2-2.06 of this chapter, to the appropriate insurance carrier for handling and further processing.

(§ 4, Ord. 19, as amended by § 1 (part), Ord. 305, eff. October 12, 1977, § 1 (part), Ord. 441, eff. October 8, 1980, and § 1, Ord. 596, eff. February 13, 1985)

If, in the opinion of the City Attorney, a claim as presented fails to comply substantially with the requirements for claims as set forth in the Government Code of the State, he may, at any time within twenty (20) days after the claim is filed with the City Clerk, give written notice of its insufficiency, stating with particularity the defects or omissions therein.

(§ 5, Ord. 19, as amended by § 1 (part), Ord. 305, eff. October 12, 1977, and § 1 (part), Ord. 441, eff. October 8, 1980)

(a) As to claims for which the City is uninsured or for which the costs of the claim, including the allowance, compromise or settlement thereof is below the amount of any relevant excess insurance coverage held by the City, or within any relevant insurance deductible or self-insured retention, the Council shall have sole discretion regarding the allowance, compromise, or settlement thereof, except as provided in this section. If the Council approves such an uninsured claim or demand, in whole or in part, the Administrative Services Director shall cause a warrant to be drawn upon the City treasury for the amount allowed. For purposes of this Title 2, Chapter 2 of the Simi Valley Municipal Code, the Administrative Services Director, previously entitled the General Services Director, is such City official that shall from time to time be appointed by the City Manager.

(1) The City Attorney is hereby authorized to allow, compromise, or settle such a claim against the City if the amount to be paid pursuant to such allowance, compromise, or settlement is $10,000.00 or less and execute any necessary or advisable instruments related thereto. Upon the written order of the City Attorney, the Administrative Services Director shall cause a warrant to be drawn upon the City treasury in the amount for which such claim has been allowed, compromised, or settled.

(2) The City Manager, upon the recommendation of the City Attorney, is hereby authorized to allow, compromise, or settle such a claim against the City if the amount to be paid pursuant to such allowance, compromise, or settlement is over $10,000.00 but not exceeding $25,000.00 and execute any necessary or advisable instruments related thereto. Upon the written order of the City Manager, the Administrative Services Director shall cause a warrant to be drawn upon the City treasury in the amount for which such claim has been allowed, compromised, or settled.

(3) No less frequently than quarterly, a list of claims that have been settled pursuant to Section 2-2.06(a) shall be transmitted to the City Council.

(b) The City Attorney is hereby authorized to reject any claim or demand against the City, either expressly or by operation of law through the passage of time. The City Attorney shall bring matters to the attention of the City Council for its consideration as appropriate or necessary, or as otherwise directed by the Council, and written or oral settlement offers consistent with attorney-client duties.

(c) In cases in which the City has suffered property damage or loss in an amount confirmed by the City's Risk Manager or other City official appointed by the City Manager for that purpose, the City Attorney is authorized to accept full compensation to the City for such property damage or loss, minus up to 5% (not to exceed $5,000.00 total), and sign all releases or instruments pertaining thereto.

(d) The settlement authorities provided in Section 2-2.06 apply to compromise and release settlements, and stipulated awards in workers' compensation claims provided the stipulated award does not contain a disability percentage greater than 25%. The City Manager and/or City Attorney can delegate their respective authorities in this section to appropriate workers' compensation staff.

(§ 6, Ord. 19, as amended by § 1, Ord. 305, eff. October 12, 1977, § 1, Ord. 441, eff. October 8, 1980, § 1, Ord. 596, eff. February 13, 1985 and § 1 (Exh. A), Ord. No. 1256, eff. April 14, 2016)

The Risk Manager or other City official designated by the City Manager for this purpose, is hereby delegated the duty of approving all payments to employees for lost or damaged property while within the scope of their employment. No such approval shall be authorized unless:

(a) The employee has complied with the rules and regulations of his or her department and the City relating to the use of personal property;

(b) The claim is not in excess of $400.00;

(c) The Risk Manager has confirmed the loss or the necessity to repair the personal item as to the fact that the loss did in fact occur in the line of duty without the fault of the employee; and

(d) The Risk Manager has confirmed the amount of the actual damage as to the cost of repair or replacement.

(e) Employee claims in excess of the amount authorized under Section 2-2.07(b) shall be reviewed and approved by the City Attorney or City Manager, under the respective authorities provided by Section 2-2.06.

(§ 7, Ord. 19, as amended by § 1, Ord. 305, eff. October 12, 1977, § 1, Ord. 441, eff. October 8, 1980 and § 1 (Exh. A), Ord. No. 1256, eff. April 14, 2016)

The Finance Director is hereby authorized to approve and pay all claims after certifying or approving conformance to a budget approved by ordinance or resolution and to be covered by appropriated and unencumbered funds of the City and to be in compliance with law, except for those claims required by law to be approved by the Council. The signatures of the Mayor and the Administrative Services Director shall be required upon all checks, drafts, or warrants issued for and on behalf of the City. The Mayor is hereby authorized to use a facsimile signature on checks, drafts, or warrants of the City in lieu of the Mayor's personal signature. The Administrative Services Director is hereby authorized to use a facsimile signature on checks, drafts, or warrants of the City, for amounts of $10,000.00 or less, in lieu of the Director's personal signature.

(Res. 73-93, as amended by § 1, Ord. 305, eff. October 12, 1977, § 1, Ord. 441, eff. October 8, 1980, § 1, Ord. 726, eff. May 10, 1990 and § 1 (Exh. A), Ord. No. 1256, eff. April 14, 2016)