HomeMy WebLinkAboutOCSD-17 REPEALEDIBY OC SAN-55
ORDINANCE NO. 00SD-17
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING
REQUIREMENTS FOR THE PRESENTATION OF CLAIMS OR
DEMANDS FOR PAYMENT
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN as follows:
Section 1: Claims for Money or Damages. As a prerequisite to bringing
suit against the District or any officer, employee, Department, or Committee of
the District, any claim for money or damages, including claims which would
otherwise be excepted by Sections 905 and 935 of the Government Code of the
State of California, which are not governed by any other statutes or regulations
expressly relating thereto, shall be presented and acted upon in accordance with
Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900)and
Chapter 2 (commencing with Section 910) of the Government Code of the State
of California. This Section relates only to bringing of suit upon a claim, and shall
not be deemed to apply to the authority of the Director of Finance and the Board
of Directors to process and pay, in the ordinary course of business,just
obligations of the District, such as routine salaries and wages, principal and
interest on bonds, payments for purchases, and other like expenditures where
there is no dispute as to the obligation and amount being payable.
Section 2: Filing of Claims. All claims against the District, as described
in Section 1 of this Ordinance, shall be filed with the Board Secretary.
Section 3: Audit and Approval of Demands.
A. Except for claims described in Section 1 of this Ordinance,
every demand, invoice, or claim for purchases, supplies, or services (hereinafter
'demand'), shall be presented in writing to and approved in writing by the
receiving Department Head or officer, who shall certify to the actual delivery or
rendition of the supplies, materials, property, or service for which payment is
claimed; that the quality and prices correspond with the original specifications in
the contract or purchase order upon which the demand is based; that the
demand in all other respects is proper and valid and shall further indicate the
budgetary account to which such demand is to be charged.
B. All demands approved by the receiving Department or officer
shall be presented to the Director of Finance, who shall satisfy himself or herself
as to whether.
1. The amount is legally due and owing by the District;
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2. There are budgeted or otherwise appropriated funds
available to pay the claim or invoice;
3. The demand conforms to a valid requisition, contract,
or purchase order;
4. The prices and computations shown on the demand
are verified; and
5. The demand contains the approval of other
Departments and officials, as required.
C. Payroll warrants and checks, and warrants and checks
drawn for payment of demands that have been certified by the Director of
Finance or the General Manager as conforming to a budget approved by the
Board of Directors, need not be approved by the Board of Directors prior to
payment. Except for payroll warrants or checks, demands certified by the
Director of Finance and paid prior to presentation to the Board of Directors shall
be presented to the Board of Directors for inspection and ratification at its first
meeting after delivery of the warrants or checks. Should the Director of Finance
fail to certify a demand as in conformance with the District's budget, no check or
warrant shall be issued until the Board of Directors has approved the demand for
payment.
D. Department Heads shall certify or approve Departmental
payrolls or attendance records for employees in their Departments. The General
Manager or designee(s) shall certify or approve payrolls or attendance records of
other officers or employees.
E. Budgeted expenses shall be presented to the Board of
Directors for ratification in the form of an audited comprehensive annual financial
report prepared by the Director of Finance or his or her designee.
F. Following audit of the demands, as set forth in Subsection B
of this Section 3, the Director of Finance shall prepare a register of demands
showing the claimant's name, the amount of the demand, and if paid, the warrant
or check number and date thereof, and shall transmit the register to the Board of
Directors with an affidavit stating that:
1. "In accordance with California Government Code
Section 37208, the Director of Finance hereby certifies that the attached demand
register has been found to conform to the approved budget, except as noted, and
has been paid. These demands are hereby submitted for Board of Directors'
inspection and ratification:'
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2. "In accordance with California Government Code
Section 37202, the Director of Finance certifies to the accuracy of the attached
register of demands and to the availability of monies for payment thereof. These
demands are hereby submitted to the Board of Directors for approval of
payment."
G. An annual audit shall be prepared by an independent
certified public accountant and submitted to the Board of Directors for review.
Section 4: Checks and Warrants. No check, order, or warrant upon the
District treasury shall be dawn unless there are sufficient monies in the fund upon
which it is drawn. All checks, orders, and warrants upon the District treasury of
any money shall bear the signature of the persons authorized by the Board of
Directors.
Section 5: The Secretary of the Board shall certify to the adoption of
this Ordinance and shall cause a summary to be published in a newspaper of
general circulation, as required by law.
PASSED AND ADOPTED by the Board of Directors of the Orange County
Sanitation District at a regular meeting held December 19, 2001.
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Chair, Boa f Directors
Orange my Sanitation District
ATTEST:
Secretary oft a Board Directors
Orange County Sanityy on District
Thomas L.guff, Genel
Orange County Sanitation District
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY M. KYLE, Secretary of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance
No. OCSD-17 was passed and adopted at a regular meeting of said Board on the 19"
day of December, 2001, by the following vote, to wit:
AYES: Norm Eckenrode, Chair, Mike Alvarez; Connie Boardman; Brian
Brady; Guy Carrozzo; Alberta Christy; Brian Donahue; Michael
Duvall; James M. Ferryman; Alice Jempsa; Tony Kawashima; Beth
Krom; Mark Leyes; Shirley McCracken; Roy Moore; Joy L.
Neugebauer; Russell Patterson; Anna L. Piercy; Tod Ridgeway;
Gerald N. Sigler; Jim Silva
NOES: None
ABSENT: Steve Anderson; Don Bankhead; Shawn Boyd; Paul Walker
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
December, 2001.
\A,
Penny M. e
Secretary the Board o erectors
Orange County Sanitation District
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