As used in this chapter, the phrase "public property" includes any vehicle, implement or machinery owned by the Town or operated by or under the direction or authority or at the request of any public officer of the Town. The phrase "public officer" includes any deputy, assistant, agent or employee of the Town acting within the scope of his or her office, agency or employment.
(Ord. 269-99)
A. 
Authority. This section is enacted pursuant to the Town's authority under the Constitution and laws of the State of California, including, but not limited to, California Constitution Article XI, 7 and 9, and the Government Claims Act, Government Code Section 810, et seq.
B. 
Claims Required. Whenever it is claimed that any person has been injured or any property damaged as a result of the dangerous or defective condition of any public street, highway, building, park, grounds, works, or property of the Town or the negligence or carelessness of any public officer, or a claim or demand is made against the Town by any person claiming injury to persons or property damage for any cause or reason, either in or outside of the Town, a verified claim for damages shall be presented in writing and filed with the Town Clerk. Such claim shall conform to the requirements of the Government Claims Act, Government Code Section 810 et seq. The Town may prepare a claim form that complies with the Government Claims Act's requirements, and a claim may be presented on such form.
Claims against the Town for money or damages which are not governed by the Government Claims Act pursuant to Government Code Section 905, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by (Chapters 1 and 2 of Part 3 of Division 3.6) Government Code Title 1, insofar as said provisions are not in conflict with this section.
No suit for money or damages may be brought against the Town until a written claim therefore has been presented to the Town and has been acted upon or has been deemed to have been rejected by the Town, in accordance with this section.
C. 
Form of Claim. All claims shall be made in writing, verified by the claimant or by his or her guardian, conservator, executor or administrator, and may be submitted electronically. In addition, all claims shall contain the information required by Cal. Gov't Code Section 910. The foregoing reference to Cal. Gov't Code Section 910 shall not be construed to authorize a class claim or a representative claim, and no claim may be filed on behalf of another person or a class of persons unless verified by such other person(s) and each member of any purported class.
D. 
Authority of Town Manager or Designee. Pursuant to Government Code Section 935.4, the Town Council delegates authority to the Town Manager or his or her designee to review all claims for sufficiency and to reject any and all claims. The Town Council delegates to the Town Manager or his or her designee authority to allow, compromise, or settle claims, including without limitation workers' compensation claims, for an amount up to and including $45,000. The Town Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $45,000.
E. 
Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6 and this section, 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 subsection B of this section.
F. 
Suit. Any action brought against the Town upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the Town shall conform to the requirements of Sections 940 through 944 and 950 through 951 of the California Government Code.
(Ord. 269-99; Ord. 25-536, 8/5/2025)
The Town may insure its officers against any liability other than a liability which may not be insured against under the provisions of the Workers' Compensation and Insurance Law (Labor Code Sections 3201 and following) for injuries or damages resulting from the dangerous or defective conditions of public streets, highways, buildings, parks, grounds, works and property, and due to their alleged negligence or carelessness as specified in this chapter, either by self-insurance or in any insurance company authorized to transact the business of such insurance in the State. The premium for such insurance shall be a proper charge against the public treasury of the Town.
(Ord. 269-99)