Chapter 2.52
CLAIMS PROCEDURES
Sections:
2.52.010 Claims for money or damages.
2.52.030 Claims arising out of written agreements.
2.52.050 Actions against City and public employees.
2.52.010 Claims for money or damages.
Pursuant to the authority granted by Section 935 of the California Government Code, all claims against the City for money or damages not otherwise governed by the Government Claims Act, California Government Code Section 900 et seq., or another state law, but including claims against the City made by another public entity or employee of another public entity, shall be presented within the time, and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. (Ord. 1182 § 2, 2018; Ord. 1115 § 1, 2012.)
2.52.020 Contents of claim.
All claims submitted pursuant to this chapter shall be signed and verified in writing by the person who claims to be entitled to be paid or refunded the money, or who incurred the damages, or by his or her spouse, domestic partner, guardian, conservator, executor, administrator or other person specifically authorized and designated in writing to act on his or her behalf. In addition, all claims shall contain the information required by California Government Code Section 910. (Ord. 1182 § 2, 2018; Ord. 1115 § 1, 2012.)
2.52.030 Claims arising out of written agreements.
Pursuant to Section 930.2 of the California Government Code, the City may enter into written agreements containing provisions governing the presentation of claims including, but not limited to, time limitations. The provisions of this chapter shall apply to all claims arising out of written agreements except to the extent the provisions of a written agreement conflict with the terms of this chapter, in which case the provisions of the written agreement shall control. (Ord. 1182 § 2, 2018; Ord. 1115 § 1, 2012.)
2.52.040 Claims procedures.
A. In accordance with California Government Code Sections 935(b) and 945.6, all claims that are exempt from the presentation requirements of California Government Code Section 905 shall be presented as provided in this section and acted upon by the City 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 this section. Only the person who filed the claim may bring such action and if another person should do so, judgment shall not be rendered for the plaintiff.
B. All claims or demands against the City shall be filed with the City Clerk. The City Council appoints the City Manager or his or her designee to perform all the functions of the City Council in the receipt, review, allowance, compromise or settlement of all claims for monetary damage in an amount up to, but not exceeding, $50,000. The City Manager will consult with REMIF regarding approval or rejection of any covered claim in excess of Healdsburg’s deductible or self-insured retention level, but the final decision regarding approval or rejection shall rest with the City Manager.
C. The City Council hereby establishes a claims board of the city attorney, risk manager, and relevant staff member(s), as determined by the City Manager or the City Council, to review and report on any claim and recommend action to the City Manager or the City Council. The City Manager or the City Council may refer any claim to the claims board.
D. All claims in excess of $50,000 shall be presented to the City Council at a regular meeting within 45 days of receipt, for approval or rejection, whether in whole or in part, pursuant to California Government Code Section 935.4. Prior to submission to the City Council, City staff shall forward the claim to REMIF, who will provide City staff with its recommendation regarding approval or rejection of the claim. Staff will forward REMIF’s recommendation to the City Council, although the final decision regarding approval or rejection shall rest with the City Council.
E. No claim shall be settled without receipt of an unconditional release from the claimant satisfactory in form to the city attorney or counsel appointed by REMIF.
F. The City Council authorizes REMIF to administer all claims, including by communicating with claimants regarding covered claims, requests for additional information and, in consultation with the City, decisions regarding approval or rejection. (Ord. 1182 § 2, 2018; Ord. 1115 § 1, 2012.)
2.52.050 Actions against City and public employees.
Any action brought against the City 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 City shall conform to the requirements of Sections 950 through 951 of the California Government Code. (Ord. 1182 § 2, 2018; Ord. 1115 § 1, 2012.)