Title 1 GENERAL PROVISIONS
Chapter 1.26 CLAIMS AND DEMANDS
1.26.010 Authority and purpose.
1.26.020 Claims subject to presentation.
1.26.030 Compliance with claim--Presentation requirement jurisdictional.
1.26.040 Availability of claim forms--Contents of claim.
1.26.010 Authority and purpose.
The provisions of this chapter are adopted under the authority of and in
conformity with the provisions of Government Code Section 935. It is the
intention of the board that claims against the county and/or its officers or
employees for money or damages which are excepted by Section 905 of the
Government Code from Chapter 1 and Chapter 2 of Division 3.6 of Title 1 of the
Government Code and which are not governed by any other statutes or regulations
expressly relating thereto shall be governed by the procedure prescribed in the
California Tort Claims Act, Division 3.6 of Title 1 of the California Government
Code, commencing at Section 900. (Ord. 559 § 1(part), 1994).
1.26.020 Claims subject to presentation.
Pursuant to the authority contained in Section 935 of the California
Government Code the following claims shall be subject to the procedures
established by the California Tort Claims Act:
A. Claims by public officers
or employees for fees, salaries, wages, mileage or other expenses and
allowances;
B. Claims for principal or interest upon any bonds, notes,
warrants or other evidences of indebtedness;
C. Claims which relate to a
special assessment constituting a specific lien against the property assessed
and which are payable from the proceeds of such an assessment, by offset of a
claim for damages against it or by delivery of any warrant or bonds representing
it;
D. Claims by the state or by a state department or agency or by another
local public entity. (Ord. 559 § 1(part), 1994).
1.26.030 Compliance with claim--Presentation requirement jurisdictional.
Except as provided in Government Code Sections 946.4 and 946.6, no suit
for money or damages may be brought against the county and/or an officer or
employee thereof, on a cause of action for which a claim is required to be
presented in accordance with requirements of this chapter until a written claim
therefore has been presented to the county and has been acted upon or has been
deemed to have been rejected in accordance with this chapter and the provisions
of the Government Code referred to in Section 1.26.010. (Ord. 559 §
1(part), 1994).
1.26.040 Availability of claim forms--Contents of claim.
Claim forms are available at the county administrator’s office which
specify the information to be contained in claims against the county. In the
event such forms are not used, any claim submitted must contain:
A. The name
and mailing address of the claimant and the address to which the person
presenting the claim desires notice to be sent;
B. The date, place and
circumstances of the occurrence giving rise to the claim;
C. A general
description of the indebtedness, obligation, injury, damage or loss so far as it
may be known at the time of presentation of the claim;
D. The name or names
of public officers or employees causing the loss, if known;
E. The amount of
loss, if known, together with the basis of computation of the amount
claimed.
If the claim fails to substantially comply with the requirements of
this chapter and the Madera County risk manager mails notice of such
insufficiency within twenty days after claim presentation, claimant shall have
an additional fifteen days after such notice is given to amend his or her claim.
Failure to amend will result in rejection of the claim for insufficiency. (Ord.
559 § 1(part), 1994).
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