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Ordinance No. 485-03 ORDINANCE NO. 485-03 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDING ADMINISTRATIVE CODE SECTION 2.9 ADOPTING TORT CLAIMS PROCEDURES FOR PUBLIC ENTITIES PURSUANT TO GOVERNMENT CODE SECTION 935 BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of E1 Dorado, State of California, as follows: SECTION 1 - POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments and additions to the Administrative Code regarding claims procedures for public entities. SECTION II - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. The District - The South Tahoe Public Utility District. B. The Board - The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code - The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the District, which establish the authority and the principles for decisions of the District, and provide the public with guidelines applicable to District operations. SECTION III - FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of E1 Dorado, State of California, make the following findings: 1. Generally, the Tort Claims Act requires that ail actions against a public entity seeking money or damages must be preceded by a proper claim. Only if the action is exempted can a claim be omitted; and, 2. Government Code section 905 exempts certain enumerated claims, including claims by other public entities, from the claim presentation requirements of the Tort Claims Act, Government Code sections 900 et seq.; and, 3. Government Code section 935 permits local public entities to establish their own policies and procedures for the presentation of those claims which are excepted by Government Code section 905; and SB 329726 vi: 007627.0010 -1- 4. Providing such procedures for public entities will protect the District's resources and ensure that the District can properly budget for any claims against it; 5. The Board of Directors has determined that it is in the best interest of the District to adopt this Ordinance with respect to claims procedures for public entities. SECTION IV - AMENDMENTS TO ADMINISTRATIVE CODES The following section of the Administrative Code shall be added to read: 2.9. Claims 2.9.1 General Tort Claims Procedures The California Tort Claims Act sets out the procedures for filing a claim against the South Tahoe Public Utility District for money damages. The applicable provisions of law can be found in Califomia Government Code sections 810-996.6. The District provides a claim form which, pursuant to Government Code section 910.4, must be used for all tort claims against the District. 2.9.2 Tort Claims by Public Entities Pursuant to the authority contained in Government Code section 935, the following claims procedures for those claims against the South Tahoe Public Utility District for money or damages not now governed by state or local laws shall be as follows: Notwithstanding the exemptions set forth in Government Code section 905, all claims for money or damages against the South Tahoe Public Utility District, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations of Government Code sections 910 through 915.2. Such claims shall further be subject to the provisions of Government Code sections 945.4 and 945.6 relating to the prohibition of actions in the absence of the presentation of claims and action thereon by the District. SECTION V- SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SB 329726 vl: 007627.0010 -2- SECTION VI - EFFECTIVE DATE This Ordinance adding Division 2.9 to the Administrative Code shall take effect thirty (30) days after its passage. SB 329726 v 1: 007627.0010 -3- PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on thc th day of June 2003 by the following vote: AYES: NOES: ABSENT: P~th Tahoe Publi~lfff~lity District ATTEST: ~'~'~K.4~'~,]~(_3~ ~f) I~a~y Sharp~rk of the Boartd/ Executive Secretary SB 329726 vi: 007627.0010 -4- Instructions for Filing a Claim Section 1 - Claimant Information Provide the full name, mailing address, and telephone number of the person(s) claiming damage/injury. (Note: All official notices and other correspondence will be sent to the person(s) listed in this section unless a representative's name is provided in Section 5.) If the claim is being filed on behalf of a minor, specify your relationship to the minor, and the date of birth of the minor. Section 2 - Claim Information · Provide the name of the District department or employee that allegedly caused the damage/injury. · State the exact date of the incident that allegedly caused the damage/injury. · Enter the total dollar amount being claimed as a result of the alleged damage/injury. If damage/injury is continued or anticipated in the future, so indicate with a "+" following the dollar amount. · If the total dollar amount exceeds $10,000, indicate whether the claim is a limited civil case or a non-limited civil case. A limited civil case is a claim in which the amount claimed totals less than $25,000. A non-limited civil case is a claim in which the amount claimed is $25,000 or more. · Provide a breakdown of how the total amount being claimed was computed. You may declare expenses incurred and/or future, anticipated expenses. Attach three copies of all bills, payment receipts, and cost estimates to your claim. · Describe in full detail the damage/injury that allegedly resulted from the incident. · If applicable, provide the street address, city, countY, State highways, road numbers, or post mile markers where the alleged damage/injury occurred. · Describe in full detail the circumstances that led up to the alleged damage/injury. State all facts that support your claim and why you believe the District is responsible, if known, provide the name(s) of the District department(s) and/or the name(s) of the District employee(s) who allegedly caused the injury, damage, or loss. Section 3 - Insurance Information This section must be completed if your claim involves a motor vehicle. Indicate if a claim for the alleged damage/injury has been filed with your insurance carrier. If yes, provide the name, telephone number, and mailing address of the insurance carrier. Also include your policy number and the amount of the deductible. SB 329690 vl: 007627.0001 Section 4 - Representative Information If your claim is being filed by an attorney or authorized representative, provide the name, telephone number, and mailing address of the attorney/representative. (Note: If representative information is provided, all official notices or other correspondence will be sent to the person listed in this section.) Section 5 - Notice and Signature The claim form must be signed by the claimant or the claimant' s attorney/authorized representative. The District will not accept a claim without a proper original signature. Filing a late claim application: Tort claims relating to causes of action for death or for injury to person or personal property or growing crops must be presented to the District no later than six months after the date of the incident. Tort claims relating to any other causes of action must be presented no later than one year after the incident date. Claimants are encouraged to consult with an attorney to determine if there are exceptions for your claim. Equity claims have no statutory claim filing deadlines. Please note that evidence of "presentation" includes a clear postmark date on an envelope or a certification of personal service. When filing an untimely tort claim, you must explain the reason for delay in filing the claim. This explanation is called an "application for leave to present a late claim." (See Government Code Section 911.6 for legally acceptable reasons for filing a late claim.) In considering your late claim application, the District will decide whether the late claim application should be accepted or denied. The District will consider the merits of the claim only if the late claim application is approved. Claim Submittals:. A complete claim form and/or late claim application and related documentation must be filed with the District. Claims may be filed by mail or may be personally delivered to:1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 during regular business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday, except holidays. Submit the original and three copies of the completed claim form and/or late claim application and related documentation. Requests for an endorsed copy of the claim and/or late claim application must be submitted in writing along with a self-addressed stamped envelope. SB 329690 vl: 007627.0001 2 If you have questions regarding the filing of a claim with the Board, please contact the District at (530) 544-6474, ext. 221. SB 329690 vl: 007627.0001 3 FORM: CLAIM FOR PERSONAL INJURIES Claim of [INSERT NAME OF CLAIMANT], [INSERT NAME OF CLAIMANT] VS. South Tahoe Public Utility District Soo CLAIM FOR PERSONAL INJURIES (GOVERNMENT CODE SEC. 910) See attached Instructions Section 1: Claimant Information Name of Claimant Telephone Number (include area code) Mailing Address City State Zip Code Section 2: Claim Information Is the Claim on Behalf of a Minor? If yes, please indicate: Yes No Relationship to Minor: Date of Birth of Minor: Incident Date: Month/Day/Year Dollar Amount of Claim: If the Amount Exceeds $10,000, Indicate Type of Civil Case: ~ Limited Non-Limited CLAIM FOR PERSONAL INJURIES SB 329685 vl: 007627.0001 Explain How The Dollar Amount Claimed Was Computed (Attach supporting documentation for the amount claimed) Describe the specific damage or injury incurred as a result of the incident Location of incident (if applicable, include street address, city or county, highway number, post mile number and direction of travel). Explain the circumstances that led to the alleged damage or injury. State all facts that support your claim against the District and why you believe the District is responsible for the alleged damage, or injury. If known, provide the name(s) of the District employee(s) who allegedly caused the injury, damage or loss. (If more space is needed, please attach additional sheets.) Section 3: Insurance Information (must be completed if claim involves an automobile) Has the claim for the alleged damage/injury been filed or will it be filed with your insurance carrier? Yes No Name of Insurance Carder Amount of Deductible Policy Number Insurer's Telephone Number (include area code) CLAIM FOR PERSONAL INJURIES SB 329685 vl: 007627.0001 Insurer's Mailing Address City. State Zip Code Are you the registered owner? ~Yes ~ No Make: Model: Year: Section 4.' Representative Information (Must be filled out if claim is being filed by an attorney or authorized representative) Name of Attorney/Representative: Attorney/Representative's Telephone Number: Attorney/Representative s Mailing Address: City. State Zip Code Section 5: Notice and Signature Penal Code Section 72 provides that every person who, with intent to defraud, presents for allowance or for payment to any State Board or Officer, or to any county, town, city, district, ward, village, board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing is guilty of a felony. Signature of Claimant Date Signature of Attorney/Representative (if applicable) Date SB 329685 vl: 007627.0001 CLAIM FOR PERSONAL INJURIES [Form No. 1: Notice of Insufficiency] [Such notices, if applicable, must be presented within 20 days of the claim's presentation to the District. However, any period of notice and any duty to respond after receipt of service of a claim, amendment, application, or notice is extended five days upon service by mail, if the place of address is within the State of California, 10 days if the place of address is within the United States, and 20 days if the place of address is outside the United States. (§ 915.2.)] Name of Claimant or Representative: Address of Claimant or Representative: The following is a notice of insufficiency regarding your claim presented to the South Tahoe Public Utility District ("the District") on [date of postmark, or date of receipt if not mailed]. The presented claim is defective because (check one or more): It was not submitted on the District' s Claim Form. It is not supported by a statement of the factual circumstances and general description of the injury sufficient to allow consideration of the presented claim by the District. (If necessary, also check the Other box below and provide a detailed explanation.) It does not state the dollar amount claimed, along with the basis for computation, or the claim does not indicate whether the claim would be a limited civil case. It does not state the date, place and other circumstances of the occurrence or transaction that gave rise to the claim asserted. (If necessary, also check the Other box below and provide a detailed explanation.) It does not state the name or names of the public employee or employees causing the injury, damage, or loss that gave rise to the claim asserted, or whether this fact is known. It is not signed. It was not filed within one year of the occurrence or transaction as required by law. See Sections 901 and 911.2 of the Government Code. Other: [State with particularity the defects or omissions in the claim.] SB 331664 vi: 007627.0010 Respectfully, Lisa M Coyner, Customer Service Manager South Tahoe Public Utility District SB 331664 vl: 007627.0010 [Form No. 2: Notice of No Action on Claim Presented Beyond Six-Month Period, Where Applicable] Name of Claimant or Representative: Address of Claimant or Representative: The claim you presented to the South Tahoe Public Utility District on [indicate date of postmark or date of receipt, if not mailed] is being returned because it was not presented within six months after the event or occurrence as required by law. See Sections 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the South Tahoe Public Utility District for leave to present a late claim. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Respectfully, Lisa M. Coyner, Customer Service Manager South Tahoe Public Utility District SB 331664 vl: 007627.0010 [Form No. 3: Notice of Action on Claim; Notice of Denial] Name of Claimant or Representative: Address of Claimant or Representative: Dear , Notice is hereby given that the claim that you presented to the South Tahoe Public Utility District on [indicate date of postmark or date of receipt, if not mailed] was [indicate whether rejected, allowed, allowed in the amount of $ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable] on [indicate date of action or rejection by operation of law]. [If the claim is rejected in whole or in part, the notice should include the following] WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Respectfully, Lisa M. Coyner, Customer Service Manager South Tahoe Public Utility District SB 331664 vl: 007627.0010 AFFIDAVIT OF POSTING State of California ) )ss County of El Dorado ) I,~.~A.~,Q. _~,~X~ ~ , being first duly sworn, deposes and says: That for and on behalf of the Clerk of Board of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of~_ t~C~. d[~"-0~in form attached hereto and by reference made a part hereof, in four (4) publically accessible locations in the Distdct as follows: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA Al Tahoe Post Office Station 1046 Al Tahoe Boulevard South Lake Tahoe, CA City of South Lake Tahoe 1900 Lake Tahoe Boulevard South Lake Tahoe, CA Black Bart Post Office Substation 1698 Black Bart Avenue South Lake Tahoe, CA That said posting was completed on the ~ day of ,,._'~ LAV'~ 2o© . ~--..._~ned by: ~ Subscribed and sworn to me this day of 2O Clerk of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT