Pursuant to the authority contained in Section 935 of the Government
Code of the state, those claims against the city for money, damages,
or refunds of money erroneously or illegally collected or paid which
are exempted by
Government Code Section 905 and which are not governed
by other statutes or regulations expressly related thereto, shall
be governed by this chapter. Where specifically indicated, some provisions
of this chapter also pertain to routine claims and demands such as
those placed on the city's warrant register and/or governed by Government
Code Sections 37200 et seq.
(Ord. 803-96 § 1; Ord. 1163-19 § 1)
Claims and demands for salaries and wages of officers and employees
of the city may, but need not be, presented to the city in accordance
with the provisions of this chapter.
(Prior code § 2-120(b))
No city officer shall, except for his or her own service, present
any claim, account or demand for allowance against the city, or in
any way except in the discharge of his or her official duty advocate
the relief asked in the claim or demand made by any other person.
(Prior code § 2-117)
Any person may appear before the council and oppose the allowance
of any claim or demand made against the city.
(Prior code § 2-118)
A. For those claims and demands pertaining to actions identified in Section
3.12.030, above, presentation of such claim shall comply with all procedures and requirements set forth in Division 3.6, Title
1, of the
Government Code.
B. Claims
and demands against the city, which are in the ordinary course of
business and just obligations of the city, such as routine salaries
and wages, principal and interest on loans and bonds, payment for
purchases and expenditures for which council-approved budget appropriations
exist, and in which there is no dispute as to the obligation and amount
being paid, are within the authority of Section 37208 of the California
Government Code to be paid upon the authorization of the director
of finance prior to being presented to city council for ratification.
(Prior code § 2-119; Ord. 1163-19 § 2)
Except for tort claims subject to the procedures set forth in Division 3.6, Title
1, of the
Government Code, every claim and demand received against the city shall be first presented to, and approved in writing by, the department receiving the goods or services eliciting such claim or demand. The department shall certify to the actual delivery of supplies, materials, capital assets or performance of services for which payment is claimed; that the quality, quantity and prices correspond with the original specifications and contracts, if any, upon which the claim is based; that the demand in all other respects is a proper, valid claim against the city to be charged against identified budgetary accounts.
(Prior code § 2-120(a); Ord. 1163-19 § 2)
Each routine demand approved by the department receiving goods or services as described in Section
3.12.070 above shall be presented to the director of finance, who shall determine:
A. Evidence
exists to support validity of the claim against the city. For example,
purchase requisitions, purchase orders, contracts, packing slips,
invoices, and other related documentation are consistent and support
a valid city liability.
B. Appropriated
funds are available to pay the claim.
C. Prices
and computations on the claim are accurate.
D. Based
on the nature of the claim, identified budgetary accounts properly
classify the charge.
E. Claim
includes appropriate department approval.
(Prior code § 2-121; Ord. 1163-19 § 2)
Following an audit of routine demands as described in Section
3.12.080, the director of finance shall submit a register(s) of audited demands to the city manager for review and presentation to the city council for ratification. Such register shall include name of claimant, description of claim, check number and date, if paid by check, and amount of claim. In addition, to claims paid by check, wire transfer and electronic Automated Clearing House (ACH) payments shall also be presented in the audited register of demands.
The register of demands shall be presented to city council at
the next regular meeting. By resolution, council shall ratify or reject
any claim or demand, in whole or in part. Following approval of the
register of demands by the city council, the mayor shall endorse the
resolution approving the register of audited demands and the city
clerk will attest to the action.
(Prior code § 2-122; Ord. 1163-19 § 2)