Truckee Municipal Code Ch. 3.16 Demands and Claims

As a prerequisite to bringing suit thereon against the Town or any officer, employee, department, commission or board of the Town, any claim for money or damages, including claims which would otherwise be excepted by Section 905 of the Government Code of California, which is not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the Government Code of California. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Director of Finance and general services, the Town Council, and other officers to process and pay, in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

(a) All tort claims filed against the Town of Truckee shall be acted upon within forty-five (45) days of receipt. Each claim will be submitted to the Town Attorney and the Town Manager for review with a specified date for follow-up which will allow sufficient time for it to be acted upon within the forty-five (45) days period.

(b) An investigation will be conducted. The affected department will provide any necessary reports and its recommendations as to the claim disposition. Upon its review, the Town will determine if the claim should be settled or denied.

(c) For tort claims of less than $75,000.00, the Town Manager has settlement/denial authority with the concurrence of the Town Attorney. Claims of $75,000.00 or more must be reviewed by the Town Council and recommended for settlement or denial.

(Ord. No. 2026-08, § 1(Exh. A), 5-27-2026)

(a) Authority. This ordinance is enacted pursuant to Section 935 of the California Government Code.

(b) Claims Required. All claims against the Town 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 ordinance, "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 ordinance.

(c) Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by California Government Code Section 910. The foregoing reference to Government Code Section 910 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.

(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 Town 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 subsections (b) and (c) of this section.

(e) Suit. Any action brought against the Town upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the Town shall conform with the requirements of Section 950-951 of the California Government Code.

(ORD 2003-04, 08-21-04; 2011-08 10-20-2011)

No payment shall be made from the Town treasury or out of the funds of the Town unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law.

Claims against the Town shall be paid on demands on the treasury as herein provided on forms to be prescribed by the Town Manager.

Except for tort claims, every claim and demand received against the Town shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed; that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based; that the demand in all other respect is proper and valid, and which shall further indicate the budgetary account to which said demand is to be charged.

Each demand approved by the receiving department or office shall be presented to the Town Manager, who shall be satisfied whether:

(a) The claim is legally due and owing by the Town;

(b) There are budgeted or otherwise appropriated funds available to pay said claim;

(c) The claim conforms to a valid requisition or order;

(d) The prices and computations shown on the claim are verified;

(e) The claim contains the approval of other departments and officials as required.

(a) Prepayment of demands prior to audit by the Town Council may be made by the Town Manager in conformance with the authority provided by Section 37208 of the Government Code of the State.

(b) Whenever the Town Manager determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this Code or of any other ordinance of this Town, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection (a) of this Section.

Following audit of demands, the Town Manager shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit such register to the Town Council, with approval or other report.

The register of demands shall be presented to the Town Council at the next meeting thereof. The Town Council may by resolution approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager.

Following approval of the register of demands by the Town Council, the Mayor and the Town Manager shall endorse the register of audited demands to signify there was proper processing of demands therein before the Town Council took action.

(ORD 93-15 06-03-93; 93-19 07-01-93)