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.
(Prior code § 2820)
Invoices of the city shall be approved or rejected by the city council in conformity with the procedure set forth in Sections 3.40.030 and 3.40.040, and no other section herein shall govern if the claim or demand against the city is a claim based upon an invoice for contractual liability of the city.
(Prior code § 2821)
All invoices shall be submitted in duplicate and in writing to the director of finance and the procedure outlined in Section 3.40.040 shall be followed before payment can be made thereon.
(Prior code § 2821.1; Ord. 1864 § 11, 1978)
The invoice shall be audited and approved under the direction of the city manager by the director of finance, and a register of audited demand or invoices submitted to the city council for approval or rejection.
(Prior code § 2821.2; Ord. 1864 § 12, 1978; Ord. 2362 § 2, 2003)
The city council shall not hear or consider or allow or approve any claim, bill or demand against the city, other than invoices as set forth in Sections 3.40.020 through 3.40.040, unless the same be itemized giving names, dates and particular services rendered, character of 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 thereof, and other pertinent details as the case may be. Salaries and wages of officers and employees of the city shall not be considered to be claims, accounts, bills or demands against the city under this section.
(Prior code § 2822)
All claims for money or damages against the city that are governed by the Tort Claims Act (Cal. Govt. Code § 900, et seq.) shall comply, and be determined in accordance, with such Act.
(Ord. 2345 § 1, 2002)
A. 
This chapter shall not apply to those claims for which a claim may not be required pursuant to the Tort Claims Act (Cal. Govt. Code § 900, et seq.).
B. 
This chapter shall apply to those claims that are a municipal affair and therefore are not governed by the Tort Claims Act.
C. 
This chapter shall apply to claims or demands founded upon contract, except as provided in Sections 3.40.020 through and including 3.40.040.
D. 
Notwithstanding any other provision, requirement, policy, ordinance or resolution of the city or this code, no suit for money or damages may be brought against the city, any of its agencies, employees, officers or others acting in the course and scope of employment, representation or authority to act on behalf of any of the foregoing, on any cause of action for which a claim is required to be presented in accordance with this chapter until a written claim therefor has been presented to the city and has been acted upon by the city council or its designee, or has been deemed rejected.
E. 
This chapter is intended to supersede and take precedence over any claims procedure or provision related to the time within which claims or actions must be filed as set forth in any other chapter, section, provision, ordinance, resolution, or policy of the city or this code, only as to those claims exempted from the Tort Claims Act by California Government Code Section 905.
F. 
Any of the following claims against the city for money or damages require a claim to be presented to the city pursuant to the provisions of this chapter as a prerequisite to suit thereon, by delivering or mailing such claim to the city clerk:
1. 
Claims under the Revenue and Taxation Code or other statute adopted by the Legislature of this State or by the Congress of the United States or statewide initiative act, 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.
2. 
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 lien.
3. 
Applications or claims for money or benefits under any public retirement or pension system.
4. 
Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness.
5. 
Claims by the state or by a state department or agency or by another local public entity.
6. 
Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter I of Part 7 of Division 2 of the Labor Code.
7. 
Claims governed by the Pedestrian Mall Law of 1960, Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code.
Nothing is this section shall be construed to replace any preliminary administrative procedures required by the city.
G. 
A claim shall be presented by the claimant or by a person acting on his or her behalf on the form provided by the city clerk, or shall be filed in such other format that shows all of the following: the name and post office address of the claimant, time and place the claim arose, the public property, officers or employees alleged to be at fault, the nature and extent of the injury or damage claimed, and full details as to the nature of the claim, including the amount claimed, and shall be signed and verified to be correct by the claimant or someone authorized by him. As to those claims listed in subsections (F)(1) through (F)(12) of this section, a claim shall be filed with the city clerk within one year after the accident or event occurred. As to all other claims, except those for which a claim is required or not permitted to be required pursuant to the Tort Claims Act (Cal. Govt. Code § 900 et seq., a claim shall be filed, as a prerequisite to suit, pursuant to this chapter with the city clerk within 90 days after the event giving rise to the claim occurred.
(Ord. 2345 § 2, 2002)
A claim may be amended at any time before the expiration of the period designated in Section 3.40.060 or before final action thereon is taken by the city, whichever is later, if the claim as amended relates to the same transaction or occurrence which gave rise to the original claim. The amendment shall be considered a part of the original claim for all purposes and shall be presented to the city in the same manner as required for the original claim. A failure or refusal to amend a claim, whether or not notice of insufficiency is given, shall not constitute a defense to any action brought upon the cause of action for which the claim was presented if the court finds that the claim as presented complied substantially with this chapter.
(Ord. 2345 § 2, 2002)
If in the opinion of the city council, or the person designated by it, a claim as presented fails to comply substantially with the requirements of this chapter, the city council or its designee may, at any time within twenty days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects of omission therein. Such notice shall be personally delivered to the person presenting the claim or shall be mailed to the address stated in the claim. No notice need be given where the claim fails to state an address for the claimant. The city council or its designee may not take action on the claim for a period of fifteen days after such notice is given.
(Ord. 2345 § 3, 2002)
A. 
Any claim or demand against the city or against any city officer in his official capacity, payable out of the city fund or any fund under control of the city treasurer, shall be filed and presented to the city council as herein provided before any suit may be brought thereon.
B. 
No suit may be brought on any claim until it has been rejected in whole or in part.
C. 
The city council or its designee shall act on a claim within forty-five days after the claim has been presented. If a claim is amended, the city council or its designee shall act on the amended claim within forty-five days after the amended claim is presented.
D. 
If the city council refuses or neglects to allow or reject a claim, or amended claim, for forty-five days after it is filed with the city clerk, the claimant may treat such refusal or neglect as final action and rejection on the forty-fifth day, or the last day of the period within which action was required under any agreement to extend pursuant to this section.
E. 
The claimant and the city council or its designee may extend the period within which an action is required on the claim by written agreement made:
1. 
Before the expiration of such period; or
2. 
After the expiration of such period if an action based on the claim has not been commenced and is not yet barred by the applicable period of limitations.
(Ord. 2345 § 4, 2002)
If any claim, notice or other item is required or allowed to be mailed by this chapter, the claim, notice or other item shall be mailed in the manner prescribed in this section. Such claim, notice, or other item shall be deposited in the United States post office, or a mailbox, sub-post office, substation, or mail chute, or other like facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with first class postage paid and shall be deemed to have been presented and received at the time of the deposit. In lieu of these procedures, such claim, notice, or other item may be delivered by any other, equally reliable means that is calculated to reach the addressee earlier than if delivered by first class United States mail.
(Ord. 2345 § 5, 2002)
A. 
If the city council or its designee finds that any claim or demand is not a proper charge against the city, it shall be rejected.
B. 
If any claim or demand is determined by the city council or its designee to be a proper charge against the city, the same shall be allowed.
C. 
Any claim may be allowed in part and rejected in part by the city council.
D. 
If the city council or its designee allows the claim in whole or in part or compromises the claim, it or its designee may require the claimant, if the claimant accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim.
E. 
If the claim is allowed in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates.
F. 
If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the claim for which payment has been accepted.
G. 
The city council or its designee may, in its or its designee's discretion, within the time prescribed for commencing an action on the claim, re-examine a previously rejected claim in order to consider a settlement of the claim.
(Ord. 2345 § 7, 2002)
Written notice of the action taken on a claim or amended claim shall be personally delivered to the person presenting the claim or shall be mailed to the address stated in the claim or amended claim, if any. No notice need be given where the claim fails to state an address for the person presenting the claim. Such notice may be in substantially the following form: "Notice is hereby given that the claim which you presented to the City on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $__________and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law)." If the claim is rejected in whole or in part, the notice required shall include a warning in substantially the following form: "WARNING: Subject to certain exceptions, you have only__________(six months or 90 days) from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. Westminster Municipal Code Section 3.40.060 (G). You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately."
(Ord. 2345 § 8, 2002)
The city council adopts this procedure as an alternate procedure to that specified for drawing warrants in Section 37203 of the Government Code of the state, and, pursuant to Section 37203, all warrants or voucher checks of the city shall be drawn by the director of finance, and all warrants or voucher checks shall be signed by the officers designated by city council resolution. All municipal officers, as set by resolution, must have executed an official bond to the city covering the faithful performance by such officers of the duties of their office. All warrants or voucher checks shall be supported by vouchers approved by the director of finance.
(Prior code § 2823; Ord. 1864 § 19, 1978)
Except as otherwise provided by law, no warrant shall be drawn or evidence of indebtedness issued unless there be at the time sufficient money in the treasury legally applicable to the payment of same.
(Prior code § 2824)
The provisions of this section shall apply to all claims listed in section 3.40.160 (F)(1) through (F)(12). The intent of this chapter is to apply a claims requirement both prospectively to future claims which may accrue and retroactively to claims which have previously accrued. Every claim which accrued nine months or more prior to the effective date of this ordinance but which would be timely under existing law at the time of the enactment of the ordinance codified in this section and which, under the provisions of this chapter, would require a claim to be presented to the city prior to initiation of a legal action against the city, must be filed and must comply with all of the provisions of this chapter within ninety days of the effective date of the ordinance codified in this section, in order for any legal action to be maintained against the city on such claim. All other provisions of this chapter shall apply to such claims. If no claim is filed pursuant to the provisions of this chapter within the prescribed time, then those claims existing at the time of enactment of the ordinance codified in this section which accrued nine months or more prior to the effective date of this section shall be barred and no legal action thereon can be maintained in any court. Every claim which accrued less than nine months prior to the effective date of this section shall be subject to the provisions of this chapter, including those requiring that claims be filed within one year of the date of accrual of the cause of action and prohibiting any legal action against the city as to claims governed by this chapter which are not filed within one year of the date of accrual.
(Ord. 2345 § 9, 2002)
The provisions of this section shall apply to all claims not subject to the amortization provisions in Section 3.40.140. The intent of this chapter is to apply a claims requirement both prospectively to future claims which may accrue and retroactively to claims which have previously accrued. Every claim which would be timely under existing law at the time of the enactment of the ordinance codified in this section and which, under the provisions of this chapter, would require a claim to be presented to the city prior to initiation of a legal action against the city, must be filed within ninety days of the date of accrual of the cause of action or the date of enactment of this section, whichever is later, and must comply with all of the provisions of this chapter, in order for any legal action to be maintained against the city on such claim. If no claim is filed pursuant to the provisions of this chapter within the prescribed time, then those claims existing at the time of enactment of this section and which would be timely under existing law at such time shall be barred and no legal action thereon can be maintained in any court.
(Ord. 2345 § 10, 2002)