Villa Park Municipal Code Art. 4-5 Presentment of Claims and Demands

No City Officer shall, except for his own service, present any claim, account or demand for allowance against the City, or in any way, except in the discharge of his official duty, advocate the relief asked in the claim or demand made by any other person. Any person may appear before the City Council and oppose the allowance of any claim or demand made against the City.

(Ord. #78-281, § 1)

The City Council shall not hear, credit, audit, consider or allow or approve any claim, bill or demand against the City unless the same be itemized giving names, dates, and particular services rendered, character or process served and upon whom, distance traveled, character of work done, the number of days engaged, materials and supplies furnished, when and to whom and in what quantity furnished, the price therefore, and other pertinent details as the case may be. No demand shall be audited, passed upon or allowed by the City Council unless made out as prescribed in this section and presented and filed with the City Clerk eight (8) days prior to the time of the meeting of the City Council at which it is asked to be allowed.

(Ord. #78-281, § 2)

For purposes of this section the items listed in this section need not be audited by the City Council prior to payment. Warrants drawn in payment of these items must be approved by the Director of Finance as conforming to the approved budget and shall be presented to the City Council for ratification and approval at the next regular meeting after delivery of the warrants.

a. Salaries, wages and other payroll related expenses.

b. Approved travel, lodging and registration fees for authorized City officials.

c. The telephone answering service charge.

d. Certain required bond payments including pool bonds, streets and excavation bonds, and other similar bonds.

e. Sale or sole-source items, discount items, or other items where no credit is extended, not to exceed one thousand five hundred ($1,500.00) dollars.

The exceptions set forth in this section shall be otherwise audited, authorized and approved by the City Council or other City officials designated by the City Council in a manner convenient to the operation of the City either before or after payment thereof.

(Ord. #78-281, § 3)

The presentment and processing of claims and demands, to which Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California is applicable, shall be governed by the provisions therein contained. All other claims and demands shall be presented in writing and shall be filed with the City Clerk within one year after the last item of the account or claim shall have occurred, and shall be signed and verified. Unless so presented, filed and processed as provided in said Part 3, or in this section, no such claim or demand shall be approved, allowed or paid, and the City shall not be liable upon any suit or action based upon any such claim or demand which is not presented, filed and processed in the form and within the time herein referred to or provided.

(Ord. #78-281, § 4)

Each claim or demand shall be presented to the Director of Finance who shall cause the same to be stamped showing the date and time of filing, and he shall examine and verify it as to its validity, accuracy, certification and the availability of funds for payment thereof. He shall prepare for approval, without signing, a warrant upon the City Treasury, representing such demand, which warrant shall specify in whose favor it is drawn, the purpose for which it is drawn, and the amount thereof, together with the name of the fund and of the bank out of which it is payable when executed and approved. The Director of Finance shall note such demands and warrants which he determined should be approved or allowed upon a register book of demands and warrants, setting forth the number of demand and warrant, in whose favor and the name of the funds and of the bank out of which the warrant is payable, and shall certify thereon by his signature that the demands are correct as to computations and are payable out of the funds stated in the amounts set opposite their respective names.

(Ord. #78-281, § 5)

The Director of Finance shall prepare a separate written list of all claims or demands which he fails to approve and which he believes should be rejected in whole or in part, together with his reasons therefor, and such list shall be submitted separately, together with the register book of demands and warrants, to the Finance Committee of the City Council, who shall audit the same, and if found authorized, correct and legal, shall signify by their signatures upon the register book of demands and warrants, those payments which are approved or disapproved by the Finance Committee. The Finance Committee shall then cause all demands approved or disapproved by the Finance Committee, together with the register book of demands and warrants, including separate sheets of disapproved demands, if any, together with the supporting documents, to be returned to the Director of Finance, who shall present the same to the City Council for allowance or disallowance.

(Ord. #78-281, § 6)

All payments presented in accordance with the provisions of this section, if found authorized, correct and legal, shall be allowed by the City Council and ordered paid. Any claim or demand may be allowed in whole or in part or rejected in whole or in part by the City Council. If any claim or demand is rejected in whole or in part, the fact of such rejection shall be plainly endorsed upon the claim or demand by the Director of Finance.

(Ord. #78-281, § 7).

The City Council shall by resolution prescribe a method of drawing warrants or checks in payment of demands allowed or ordered paid as aforesaid; provided, however, that such method shall require the manual signature of at least one (1) City officer who has executed an official bond to the City, covering the faithful performance by such officer of the duties of his office, as provided by the Government Code, or at least one (1) City Council member.

(Ord. #78-281, § 8)

Pursuant to Government Code Section 935, claims against the City and City officers, employees, and agents for money or damages which are excepted by Section 905 of the Government Code from the claims presentation requirements and which are not governed by any other statute or regulation expressly relating thereto, shall be governed by the procedures contained in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3, Division 3.6, Title 1 of the Government Code as a prerequisite to bringing any lawsuit or action for money or damages against the City or any City officers, employees, or agents. Such claims shall include the following:

a. Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereto.

b. Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provision of law relating to mechanics', laborers' or materialmen's liens.

c. Claims by public employees for fees, salaries, wages, mileage or other expenses and allowances.

d. Claims for which the workmen's compensation authorized by Division 4 (commencing with Section 3201) of the Labor Code is the exclusive remedy.

e. Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions or other assistance rendered for or on behalf of any recipient of any form of public assistance.

f. Applications or claims for money or benefits under any public retirement or pension system.

g. Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness.

h. Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery or any warrant or bonds representing it.

i. Claims by the State or by a state department or agency or by another local public entity.

j. Claims arising under any provision of the Unemployment Insurance Code, including but not limited to claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed.

k. Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code.

l. Claims governed by the Pedestrian Mall Law of 1960, Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code.

m. Any other claims that may be included within Government Code Section 905 in the future.

(Ord. #93-414, § I)

Footnotes:

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Sections I and II of Ord. #93-414 added subsections 4-5.8, 4-5.9, which the editor has redesignated subsections 4-5.9, 4-5.10 since Ord. #78-281, § 8, had previously added subsection 4-5.8.

The provisions of Code of Civil Procedure Section 1094.6 are hereby adopted. Notwithstanding any provision of this Code to the contrary, judicial review of any decision of the City and of any commission, board, officer, or agent of the City shall be had pursuant to Code of Civil Procedure Section 1094.5 only if the petition for writ of mandate is filed no later than the ninetieth (90th) day following the date on which the decision becomes final, as set forth in subsection (b) of Code of Civil Procedure Section 1094.6. For the purposes of this section, "decision" shall mean suspending, demoting, or dismissing an officer or employee of the City, revoking, or denying an application for a permit, license, or other entitlement, or denying an application for any retirement benefit or allowance.

(Ord. #93-414, § II)

Footnotes:

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See the note to subsection 4-5.9.