SECTIONS 29700-29710 - California Statutes

GOVERNMENT CODE

SECTION 29700-29710

29700. Except as otherwise provided herein, this chapter applies to
all claims for money or damages against counties including claims
which are governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of this
code.

29701. The board shall not consider a claim unless it is presented
not less than three days or, if prescribed by ordinance, five days
prior to the date of the meeting of the board at which it is
considered. Notwithstanding the foregoing, the board may provide by
ordinance that this section shall not apply to any claims or to
specified classes of claims.

29702. A claim based upon an expenditure directed to be made by any
officer shall be approved by such officer before it is considered by
the board.

29703. When the board acts upon a claim the clerk of the board
shall file a memorandum of the action taken and endorse on the claim
a statement thereof. If the claim is allowed in whole or in part, the
memorandum and endorsement shall state the date of the allowance,
the amount of the allowance, and from what fund allowed and whether
the board requires the claimant to accept the amount allowed in
settlement of the entire claim. The endorsement shall be attested by
the clerk with his signature and countersigned by the chairman and
the claim, when duly endorsed, attested and countersigned, shall be
transmitted by the clerk to the auditor.

29704. If the auditor approves the action taken upon the claim, he
shall endorse on the claim "approved" and attest the endorsement with
his signature. He shall then issue and tender to the claimant his
warrant for the amount allowed. Where the board has required the
claimant to accept the amount allowed in settlement of the entire
claim, the warrant shall not be delivered to the claimant until there
has been delivered to the auditor a duly executed release or other
instrument evidencing acceptance of the amount tendered in settlement
of the entire claim.

29705. The board may adopt forms for the submission and payment of
claims and may prescribe and adopt warrant forms separate from claim
forms, to the end that the approved claims may be retained in the
auditor's office as vouchers supporting the warrants issued. The
forms so adopted may not be inconsistent with the provisions of this
article or of any other statutes or regulations expressly governing
any such claims or the presentation thereof, and shall provide:
(a) For the approval of the officer directing the expenditure. In
counties having a system under which expenditures may be initiated by
requisition, the approval may be omitted from claims initiated by
requisition.
(b) For the approval of the purchasing agent or other officers
issuing the purchase order under which the charge was incurred, or
having charge of contracts or schedules of salaries under which the
claim arose.
(c) For the approval of at least one member of the board. In lieu
of the supervisor's approval on each claim there may be substituted
duplicate lists of claims allowed, showing, as to each claim, the
name of the claimant, the amount allowed, and the date of allowance.
The lists shall be certified to the board by the clerk of the board
or other competent officer or employee designated by it for the
purpose, as being a true list of claims properly and regularly coming
before the board. Upon allowance of claims each of the lists, after
amendment if necessary, shall be certified to as having been allowed
by the board, the date allowed, and that such lists are correct by
one member of the board or by the clerk of the board and filed, one
in the office of the clerk of the board and one in the office of the
auditor. When filed the lists constitute respectively the "allowance
book" and the "warrant book." If the allowance book is dispensed with
by the board of supervisors under the authority of Section 25102, a
single list of claims may be substituted in lieu of a supervisor's
approval on each claim, which list shall be processed and certified
as required for duplicate lists and shall be filed in the office of
the county auditor as the warrant book.
(d) For the certificate of the clerk of the board as to the date
and amount of allowance of the claim by the board. If the duplicate
lists of claims allowed are filed, the certificate may be omitted,
but in its stead there shall appear on each claim a reference by
date, number, or otherwise to the list on which the claim appears
listed as allowed.
(e) For the certificate of the clerk of the board or of the
auditor as to the correctness of the computations.
(f) For the auditor's approval.

29706. Failure of a claimant to use a form prescribed by the board
pursuant to Section 29705 is not a defense to a suit against the
county on a claim for which Part 3 (commencing with Section 900) and
Part 4 (commencing with Section 940) of Division 3.6 of Title 1
requires a claim to be presented.

29707. Any claim against the county presented by a member of the
board for per diem and mileage or for service rendered by him shall
be itemized, verified, and state that the expense was actually
incurred or the service was actually rendered. Before allowance, any
such claim shall be presented to the district attorney or county
counsel, who shall endorse upon it his written opinion as to its
legality. If the district attorney or county counsel declares the
claim or any part thereof illegal, he shall state specifically
wherein it is illegal, and the claim or such part shall be rejected
by the board.

29707.1. In a county where the board of supervisors has adopted the
procedures prescribed in Article 2 (commencing with Section 29740)
of this chapter a claim against the county presented by a member of
the board for per diem and mileage or for service rendered by him
need not be presented to the district attorney or county counsel. The
allowance of the claim by the auditor shall constitute authority for
the issuance of a warrant on the county treasury for such an amount
of each such claim as the auditor finds to be a correct and legal
county charge.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by majority
vote, make the provisions of this section applicable in such county.

29708. Except for his own service, no county officer or employee
may present any claim for allowance against the county. No county
officer or employee may in any way, except in the discharge of his
official duty, advocate the relief asked in a claim made by any other
person.

29709. Any person may appear before the board and oppose the
allowance of any claim made against the county.

29710. No fee or charge shall be made or collected by any officer
for verifying or receiving any claim against the county.