This chapter is adopted pursuant to and in conformity with Sections, 900 et seq. and 29700 et seq. of the California Government Code. The purposes of this chapter are to allow the county of Stanislaus to make a timely investigation of the facts on which claims are based so as to have an opportunity to settle just claims before suit is brought, defend itself against unjust claims, and correct any conditions or practices which gave rise to claims.
(Ord. CS 1391, 4/15/2025)
All claims against the county of Stanislaus for money or damages which are excepted by Section 905 of the Government Code from the claims procedure provided by Part 3 of Division 3.6, Title 1 of the Government Code or which are not expressly governed by any other statute or regulation shall require a written claim to be submitted pursuant to the requirements of this chapter.
(Ord. CS 1391, 4/15/2025)
A. 
All claims against the county shall be made in writing and signed by claimants of their guardians, conservators, executors, or administrators as required by Government Code Section 910.2, and shall contain all information as required by Government Code Section 910. All claims against the county shall be presented to the clerk of the board of supervisors as provided in Government Code Section 915.
B. 
Claims for a cause of action for death, injury to a person or personal property, or growing crops, shall be presented no later than six months after accrual of the cause of action pursuant to Government Code Section 911 Claims pertaining to any other cause of action shall be presented no later than one year after the accrual of the cause of action.
(Ord. CS 1391, 4/15/2025)
A. 
When the clerk of the board of supervisors receives claims against the county, the clerk of the board shall send the claims to county counsel and chief executive officer (CEO), or their designee, no later than the following business day.
B. 
The county counsel, or their designee, will review all claims received by the clerk of the board of supervisors.
C. 
The CEO, or their designee, shall investigate, accept, reject, extend, and/or compromise all claims presented to the clerk of the board, in lieu of and with the same effect as the board.
D. 
All claims shall be acted upon by the board of supervisors pursuant to Government Code Section 912.4. The board authorizes the CEO, or their designee, to act upon claims pursuant to Government Code Section 935.4, and to provide notice of the action taken. These actions include those provided for in Government Code Sections 910.8, 911.3, 911.6, 911.8, 912.2, 912.4, 912.6, 913, and 913.2.
(Ord. CS 1391, 4/15/2025)
The board of supervisors, the CEO, or their designee, shall act upon any claim filed pursuant to this chapter within the time and in the manner prescribed by Sections 912.4 and 912.6 of the Government Code. The failure or refusal of the board of supervisors, or CEO, or their designee, to act on a claim shall have the effect set forth in, and shall be governed by, the relevant provisions of Section 912.4. Any action brought by the claimant in the cause of action set forth in any claim filed pursuant to this chapter shall be brought within the time specified in Section 945.6 of the Government Code.
(Ord. CS 1391, 4/15/2025)
In their discretion, within the time prescribed by Section 945.6 of the Government Code for commencing an action on a claim filed under this chapter, the board of supervisors, or the CEO, or their designee, may reexamine a previously rejected claim within their jurisdiction in order to consider a settlement of the claim.
(Ord. CS 1391, 4/15/2025)
A. 
In accordance with the authorization granted by Section 930.2 of the Government Code, the following procedure may be made applicable to the presentation and processing of claims arising out of or relating to contracts and agreements to which the county is a party. Where this procedure is used, no cause of action for money or damages may be filed against the county or its employees without timely compliance with the provisions of this section.
B. 
Time Limitation. A claim under this chapter based upon the accrual of a cause of action arising from a purchase order or other agreement of the county shall be presented in the manner provided in this chapter no later than one year after the accrual of the cause of action. For the purpose of computing the time limit prescribed by this section the date of accrual of a cause of action which is the subject matter of a claim is the date upon which the cause of action accrued within the meaning of the applicable statute of limitations, as defined by Section 901 of the Government Code.
(Ord. CS 1391, 4/15/2025)
A. 
The CEO, or their designee, is authorized to allow, compromise or settle any tort liability claim or other claim for damages or any legal action for damages that is filed against the county of Stanislaus, its officers or employees; provided:
1. 
The amount to be paid pursuant to such allowance, compromise or settlement does not exceed the amount set forth in Section 935.4 of the Government Code, or as the same may be amended from time to time; and
2. 
The allowance, compromise or settlement is approved by the county counsel.
B. 
In all claims or actions that are allowed, compromised or settled, the CEO or their designees, will be responsible, in accordance with the terms of such allowance, compromise or settlement, to work with the auditor to cause the necessary warrant to be issued upon the treasury of the county of Stanislaus, or to work with a contracted third-party claims administrator to cause the necessary warrant to be issued from the county claims trust account, in any amount for which such tort liability claim or action has been allowed, compromised or settled pursuant to this section.
(Ord. CS 1391, 4/15/2025)
A. 
In compliance with Section 25203 of the Government Code, the county counsel with the approval of the the CEO is authorized and empowered to select and retain outside legal counsel to assist in the resolution of claims and assist county counsel in litigated matters notwithstanding that the contract may exceed the amount specified in Section 25502.5 of the Government Code. The CEO, or designees, will report at least annually to the board of supervisors the cost of all legal services agreements with outside counsel for claims and litigated matters.
B. 
County counsel is authorized to resolve any potential or actual conflict of interests regarding the engagement of all outside counsel, including the waiver of any potential conflict, and shall as soon thereafter as practicable inform the board of the potential conflict and its resolution.
(Ord. CS 1391, 4/15/2025)
If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The board of supervisors hereby declares that it would have adopted this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall remain in full force and effect.
(Ord. CS 1391, 4/15/2025)