Title 1 - GENERAL PROVISIONS >> Chapter 1.26 - CLAIMS AND DEMANDS >>

Chapter 1.26 - CLAIMS AND DEMANDS

Sections:

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).