City of Albany, CA § 2-28 CLAIMS AND PAYMENT OF CLAIMS [1]

[1] Editor's Note: Ordinance No. 94-04 amended the title of Section 2-28.

§ 2-28.1 Claims for Money or Damage.

[Ord. #82-06; 1958 Code § 2.3; Ord. #94-04, § 2; amended 12-7-2020 by Ord. No. 2020-14]

a. Pursuant to the authority granted by Section 935 of the Government Code of the State of California, claims against the City for money or damages which are exempted by Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title I of the Government Code of the State of California, and which are not governed by any other statutes or regulations expressly related thereto shall be governed by this subsection. A claim relating to such a cause of action shall be presented within the time and limitations and in the manner prescribed by Section 910 through 915.2 of the Government Code of the State of California. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title I of the Government Code insofar as the provisions are not in conflict with this subsection.

b. No suit for money or damages may be brought against the City until a written claim therefor has been presented to the City and has been acted upon or has been deemed to have been rejected by the City Council or an employee as designated by the City Council by resolution, in accordance with this subsection, and shall further be subject to the provisions of Sections 945 through 946 of the Government Code of the State of California relating to the prohibition of suits in the absence of the presentation of claims and actions thereupon by the City.

c. Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title I of the Government Code, written agreements entered into by or in behalf of the City may provide all claims arising out of or related to the agreement must be presented not later than six months after the accrual of the cause of action. Such claims shall be governed by the provisions of this subsection, and such claims shall further be governed by the provisions of Section 930.4 of the Government Code for the purposes of filing leave to present a late claim. It is further provided that Subdivision (b) of Section 911.4, sSections 911.6 to 912.2, inclusive, and Section 946.6 are applicable to all such claims, and the time specified in the agreement shall be deemed the "time specified in Section 911.2" within the meaning of Sections 911.6 and 946.6.

§ 2-28.2 Checks for Expenditures of City Funds.

[Ord. #733, §§ 1, 3; 1958 Code § 2.17; Ord. #92-09, § 1]

All expenditures on behalf of the City shall be made by means of check signed by the City Treasurer and drawn upon the depository of City funds. The City Treasurer's signature may be original or by check signing machine.

Individual checks exceeding the amounts described in the Policies and Procedures for Expenditures of City funds shall be countersigned by the City Clerk. The City Clerk's signature may be original or by rubber signature stamp.

No check shall be valid unless it bears the signatures as authorized in this subsection; provided, however, that a deputy City Treasurer may sign in place of the City Treasurer and a deputy City Clerk may sign in place of the City Clerk.

§ 2-28.3 Procedure for Payment of Claims Against the City.

[Ord. #733, §§ 2, 4; Ord. #74-09, § 1; 1958 Code § 2.18; Ord. #92-09, § 2; Ord. #97-03, § 1]

All requests for expenditures, bills, claims and demands shall be reviewed by the Finance and Administrative Services Director or designee and approved by the City Administrator before the same shall become payable. Upon such approval, payment shall be processed as provided in subsection 2-28.2 of this chapter.

All expenditures, bills, claims and demands shall be presented to the City Council for ratification at the next available City Council meeting.

§ 2-28.4 Reimbursement of Mayor and City Council for Per Diem Expenses.

[Ord. #68-06, § 1; Ord. #70-05, § 1; 1958 Code § 2.22-2; New]

Any member of the City Council, or Mayor, shall be entitled to receive a per diem amount, which shall be deemed to be reimbursement for out-of-pocket expenditures and costs imposed upon him when on Council-authorized official duty. The per diem herein shall apply only to reimbursement for such activities that are in excess of the expenses for duties allocated to the Mayor and Councilmen in the annual City Budget as adopted. In the event the authorized activity is of one-half (1/2) day duration or less, the amount to be reimbursed shall be calculated at one-half (1/2) of the per diem as hereinafter established.

Unless otherwise set forth, per diem shall be approved by Resolution of the City Council.

All warrants for the above shall be filled out in detail, including the purpose of the meeting, a general identification of the conferee, the date, location of same, and amount of expense, and an oral or written summation of such meeting shall be presented to the Council at the following Council meeting.

§ 2-28.5 Approval of Payrolls.

[Ord. #733, § 5; 1958 Code § 2.19; Ord. #93-05, § 1]

Payrolls shall be approved by the Finance and Administrative Services Director or Supervising Accountant, but need not be approved by the City Council. However, payrolls shall be presented to the City Council for ratification at the next available City Council meeting after delivery of the payroll checks.