BOARD MEETING DATE: March 12, 1999 AGENDA NO. 20




PROPOSAL:

Adopt Resolution Revising Claims Procedures in AQMD Administrative Code and Establishing Claims Procedures for Claims Exempted from Tort Claims Act

SYNOPSIS:

Adoption of the proposed resolution will (i) make the claims procedures in the Administrative Code consistent with staff’s claims processing practices; (ii) clarify staff’s authority to process and settle claims; and (iii) provide standardized claims procedures and a statute of limitations for claims exempted from the Tort Claims Act.

COMMITTEE:

Administrative, February 19, 1999, Recommended for Approval

RECOMMENDED ACTION:

Adopt the attached resolution to amend the Claims Procedures in the AQMD Administrative Code and provide standardized claims processing procedures and statute of limitations for claims exempted from the Tort Claims Act.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Sections 160 through 160.6 of the AQMD Administrative Code contain procedures for presenting, processing and resolving claims subject to the Tort Claims Act, Government Code Sections 900 et seq. The AQMD adopted these procedures in 1989 and they have not been revised since, even though changes have been made to the claims program to reduce costs. For example, the AQMD is now self-insured, but the claims procedures contemplate using an insurance provider to process claims. As another cost cutting measure, the Executive Officer in conjunction with District Counsel staff has been handling claims of under $50,000 pursuant to the general delegation of authority in Section 40482 of the Health and Safety Code and the delegations in the Board's contracting policy. The Tort Claims Act specifies, however, that delegation to process and settle claims must be by resolution, which this resolution will accomplish. A strikeout version of the proposed changes to the Administrative Code is attached.

This resolution would also establish uniform procedures and a shortened statute of limitations for claims exempted from the Tort Claims Act. The Act exempts claims by public employees for fees, salaries, wages, mileage or other expenses and allowances; claims for principal or interest upon any bonds, notes, warrants or other evidence of indebtedness; and claims by the State or by a state department or agency or by another local public entity, as well as other types of claims (Government Code §905). Even though these claims are exempted from the Act, under Government Code Section 935, a local public agency may require by ordinance or resolution that such claims comply with the Act's claims presentation procedures. Section 935 further provides that if such an ordinance or resolution is adopted, the claims are subject to the statute of limitations in the Tort Claims Act. Staff therefore recommends that the Board adopt the attached resolution to provide procedures for the orderly processing of exempted claims, and to make such claims subject to the Tort Claims Act's shortened statute of limitations.

Attachments

Resolution
Attachment 1 – Claims Procedures

RESOLUTION NO. 98-

A resolution of the South Coast Air Quality Management District (AQMD) Board amending the Claims Procedures in the AQMD Administrative Code.

WHEREAS, the AQMD Governing Board has previously adopted Claims Procedures in the AQMD Administrative Code,

WHEREAS, the claims processing procedures followed by staff have been altered to create cost savings for the AQMD, necessitating a change in the Claims Procedures,

WHEREAS, Government Code Section 935.4 requires the Board to delegate its claims processing and settlement authorities to staff, and

WHEREAS, the AQMD intends to exercise its powers under Government Code Section 935 regarding claims that are otherwise exempted from the Tort Claim Act to make such claims subject to the Act,

NOW, THEREFORE BE IT RESOLVED THAT Section 160 et seq. of the AQMD Administrative Code is hereby amended as set forth in Attachment 1 hereto, which attachment is made a part hereof as though set out herein in full.

BE IT FURTHER RESOLVED THAT, not withstanding the exemptions set forth in Section 905 of the Government Code of the State, all claims against the AQMD for damages or money shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2, inclusive, of the Government Code of the State when a procedure for processing such claims is not otherwise provided by State or local laws. Such claims shall also be subject to the Claims Procedures in Sections 160 et seq. of the AQMD Administrative Code. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the State relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the local agency.

/ / /


This page updated: July 30, 2010
URL: http://www.aqmd.gov/hb/1999/990320a.html