[Amended 1-25-2005, effective 2-4-2005]
A. A claim for damage to clothing, eyeglasses, working tools, personal
automobiles, vehicles, and other personal property, except money,
bonds and valuable papers, of an employee of a City agency arising
out of and in the scope of his employment by reason of negligence
or fault upon the part of the City, a fellow employee or a third party
and, in addition, in the case of a policeman in the pursuit of criminals
or suspects and, in the case of a fireman, when caused by the condition
of premises or material or substances on premises or by the falling
or burning of objects at a fire or by an explosion, may, in the exclusive
discretion of the Council, be paid. However, no claim shall be paid
if the damage is caused by negligence or fault on the part of the
claimant. The tools and working equipment of an employee of a City
agency left at his place of employment shall be considered under his
custody and control.
B. No claim for damages provided for in this section shall be paid unless
a written claim is filed with the Department of Law within 90 days
from the time of the occurrence of the damage.
C. No claim for damages provided for in this section, that are criminal
in nature, shall be paid unless the appropriate report is first filed
with the Buffalo Police Department within two business days from the
date of the occurrence of the damage. In addition, a departmental
report must be completed by the employee and provided to the employee's
supervisor no later than two business days from the date of the occurrence
of the damage, and a copy of said report must be attached to the notice
of claim filed with the Department of Law.
A claim, except as otherwise provided in this Article, after
being duly audited, shall be paid by a warrant drawn on the Treasurer,
signed by the Comptroller and approved by the Auditor. The signatures
of the Comptroller and Auditor upon the warrant shall be deemed to
be a certification by them that all requirements of law, Charter or
ordinance in respect to the claim have been fulfilled and that the
claim is just and correct, a legal obligation of the City and due
and payable.
No claim for work, labor, services, materials or other articles furnished to a City agency shall be approved for payment by the Comptroller unless the claim contains the affirmation required by the provisions of §
16-6 of this Article and unless it is approved, in writing, by the head of the City agency ordering such work, labor, services, materials or other articles.
The Comptroller shall timely deposit or provide for the deposit
with any paying agent designated by the Comptroller, reasonably in
advance of payment requirements, sufficient moneys to pay the principal
of and interest on obligations of the City. The Comptroller shall
keep a record of the deposits and all transactions relating to the
services performed by any and all paying agents. The Comptroller is
hereby authorized to do all acts and execute all documents necessary
to carry out the purposes hereinabove stated.
If, for any reason, the Auditor refuses to approve a claim for
payment, the Comptroller shall forward the claim to the Council, together
with a report of the Auditor's reason for not approving it for
payment. The Council may, by a majority vote, audit the claim and
order a warrant drawn in payment thereof, provided that the claim
is a legal liability of the City.
Whenever it shall appear that the head or an employee of a City
agency or another person has neglected or failed to report the receipt
of or to pay over money or deliver property as required by the provisions
of the Charter or the regulations of the Comptroller and Treasurer
issued pursuant to the provisions of the Charter or ordinances or
an order of the Council, it shall be the duty of the Comptroller to
notify the head or the employee of the City agency or other person
forthwith of such default and, in case the notice is disregarded,
to notify the Council of that fact without delay.
Whenever the proceeds of the sale of bonds of the City or other
moneys belonging to the City shall be deposited in a bank outside
the City of Buffalo or wherever an emergency exists requiring the
transfer from one bank to another in the City of moneys of the City
on deposit, it shall be lawful for the Treasurer, upon his check,
to transfer the funds from a bank outside of the City or from one
of the banks within the City to another bank duly designated as a
depository of City money; provided, however, that in each case the
check of the Treasurer shall be for deposit only and shall be countersigned
by the Comptroller or other officer of the City charged with the duties
of the Comptroller.