2-7
CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES:

2-7.1 General:

a. The provisions of this section recognize that the general claim procedures applicable to local public agencies, including this city, are governed by the provisions of chapter 1 (commencing with section 900) and chapter 2 (commencing with section 910) of part 3 of division 3.6 of title 1 of the California Government Code.

b. The procedures relating to the presentation, processing, review, settlement, compromise, and rejection of claims for money or damages against the city must be consistent with the provisions of the California Government Code referenced in subsection 2-7.1a of this section. (Ord. #1433, §2)

2-7.2 Special Claims Procedures:

In accordance with the authority conferred by section 935 of the California Government Code, the following procedures are established for those claims against the city for money or damages not now governed by state statutes or by local ordinance:

a. Employee Claims: Notwithstanding the exceptions contained in section 905 of the California Government Code, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and any other expenses or allowances claimed to be due from the city, when a procedure for processing those claims is not otherwise provided by state statutes or local ordinance, must be presented within the time limitations and in the manner prescribed by sections 910 through 915.2 of the California Government Code. Those claims are further subject to the provisions of section 945.4 of the California Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the city council or its designee.

b. Contract And Other Claims: In addition to the requirements of subsection 2-7.2a of this section, and notwithstanding the exemptions set forth in section 905 of the California Government Code, all claims against the city for damages or money, when a procedure for processing those claims is not otherwise provided by state statutes or local ordinance, must be presented within the time limitations and in the manner prescribed by sections 910 through 915.2 of the California Government Code. Those claims are further subject to the provisions of section 945.4 of the California Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the city council or its designee.

c. Claims Required: All claims against the city of Lynwood (“the city”) for money or damages not otherwise governed by the tort claims act, California Government Code section 900 et seq., or another state law (hereinafter in this section “claims”) 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) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.

d. Form Of Claim: All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code section 910.

e. Claim Prerequisite To Suit: In accordance with California Government Code sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city council of 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 subsection 2-7.2c of this section.

f. Suit: Any action brought against the city upon any claim or demand shall conform to the requirements of sections 940-949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of sections 950-951 of the California Government Code. (Ord. #1433, §2; Ord. #1520, §§2-5)