HomeMy WebLinkAboutRES 2014-28RESOLUTION NO. 2014-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ESTABLISHING AN UNCLAIMED
FUNDS POLICY IN ACCORDANCE WITH GOVERNMENT
CODE SECTIONS 5005050056
WHEREAS, Government Code Sections 50050-50056 identifies the
requirements regarding unclaimed funds held by local agencies; and
WHEREAS, the City of Diamond Bar has established an unclaimed funds policy
in accordance with Government Code Sections 50050 - 50056;
NOW, THEREFORE, the City Council of the City of Diamond Bar Does
Hereby Find, Determine and Resolve as Follows: .
The Unclaimed Funds Policy attached hereto as Exhibit "A" shall, pursuant to
Government Code sections 50050-50056 be the Unclaimed Funds Policy for the City of
Diamond Bar.
PASSED, ADOPTED, AND APPROVED this 17th day of June, 2014.
Carol Herrera, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution was duly and regularly passed and adopted by the
City Council of the City of Diamond Bar, California, at its adjourned regular meeting held
on the 17th day of June, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Chang,Lyons, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Tom�nye A. Cribbins, City Clerk
2014-28
POLICY AND PROCEDUR
Attachment 1 —Exhibit A
-------------------------------- NO. F-14
CITY OF DIAMOND BAR
POLICY AND PROCEDURE
Number: F-14
Authority: Resolution 2014 -XX
Effective: ]une 17, 2014
Revised:
I. PURPOSE
The purpose of this policy is to establish the proper disposition and accounting for
unclaimed money in accordance with Government Code Sections 50050 through
50056.
Il. AUTHORITY
This policy has been adopted by the City for use in all departments.
III. POLICY
Funds that remain unclaimed for at least three (3) years will become the property of
the City of Diamond Bar after the procedures identified herein have been followed.
Unclaimed funds consists of funds which are not the property of the City but remain
in the City Treasury for three or more years without a claim being filed by the legal
owner(s).
Unclaimed money does not include individual items of less than $15, or any
amounts in which the depositor's name is unknown. These funds will become the
property of the City of Diamond Bar after being unclaimed for a period of at least 12
months.
IV. PROCEDURES
The following procedures are for items over $15.
A. Every ,lune 30th and December 31 sr, (the evaluation date) all unclaimed
funds will be identified.
B. For funds that have been unclaimed for at least a three year period, a notice
will be published once a week for two consecutive weeks in a newspaper of
general circulation in Diamond Bar. The notice shall state the individual or
business name (original depositor for receipts, original vendor for stale -dated
checks), the amount of money, the fund in which the money is held and that
2014-28
-------POLICY AND PROCEDURE
Attachment 1 — Exhibit A
----------------------------- NO. F-14
the money will become the property of the City of Diamond Bar on a specific
date (not less than 45 nor more than 60 days after the first publication).
(Government Code Section 50051).
C. Upon or prior to publication, a party of interest may file a claim. for the funds
with the Director of Finance. The claim (see attached form) must contain the
claimant's name, address, telephone number, amount, tax identification
number and grounds for the claim. It must be submitted and accepted before
the date identified in the notice as the date the funds become the property of
the City of Diamond Bar. The Director of Finance can require additional
information to help substantiate the claim and to establish the authority of the
claimant to receive the funds. (Government Code Section 50052).
D. Notwithstanding Section 50052, the Director of Finance may release the
unclaimed funds to the depositor, their heir, beneficiary or duly appointed
representative if claimed prior to the date the funds become the property of
the City of Diamond Bar and satisfactory proof has been submitted.
(Government Code Section 50052.5).
E. When the unclaimed funds become the property of the City of Diamond Bar,
45 days and no more than 60 days after a published public notice, and are in
a special fund, the City Council may transfer the funds to the General Fund.
(Government Code Section 50053),
The following procedures are for items under $15 or where the depositor is
unknown:
F. Any individual items of less than $15 or any amount if the depositor's name is
unknown, which remain unclaimed in the Treasury for the period of one year
will become the property of the City of Diamond Bar and may be transferred
to the General Fund by the City Council without the necessity of publication
of a notice in the newspaper.
V. DEFINITIONS
The following terms are used in this policy.
A. Unclaimed Funds: Unclaimed funds consists of funds which are not the
property of the City but remain in the City Treasury for three or more years
without a claim being filed by the legal owner(s). Unclaimed money does not
include individual items of less than $15. Examples of unclaimed money
include, but are not limited to, stale dated checks and deposits held for
various purposes by City Departments.
Attachments
1. Unclaimed Funds -Claim Form
2. Unclaimed Funds - Claim Rejection Form
2014-28
Attachment 2 — Unclaimed Funds - Claim Form
�i DWIOND a III
CITY OF Diamond Bar
UNCLAIMED FUNDS — CLAIM FORM
Return completed form to:
City of Diamond Bar - Finance Department
21890 Copley Drive, Diamond Bar, CA 91 765
Pursuant to California Government Code Section 50052, 1 hereby file a claim for unclaimed funds in the
amount of $ that was published in the on
The grounds on which 1 file this claim are:
In making this claim, I agree to defend and hold harmless the City of Diamond Bar from and against any
other claim made for the funds that 1 claim are to be paid to me.
Vendor or Individual Name (Printed)
Vendor or Individual Name (Signature)
Ad
City/State/Zip Code
Taxpayer I.D. or Social Security No.
Telephone Number
FOR FINANCE DEPARTMENT ONLY
Proof of Identity Verified: (Check One)
Drivers License ❑ Social Security Card ❑
Verified By:
Claim: (Check One)
Reason for
Rejection:
Reviewed By:
Approved ❑ Rejected ❑
Birth Certificate ❑
Date:
Date:
2014-28
Attachment 3 — Unclaimed Funds - Rejection of Claim Form
II n+�oIrn BI
CITY OF DIAMOND BAR
UNCLAIMED FUNDS -CLAIM REJECTION FORM
The City of Diamond Bar has rejected the unclaimed funds claim of:
Vendor or Individual Dame:
Taxpayer I.D. or Social Security Number:
Address:
City/State/Zip Code:
Original Check Date:
Original Check Amount:
The grounds on which this claim has been rejected are:
Under California Government Code Section 50052, you have the right to file a verified complaint seeking
to recover all, or a designated part, of the money in a court of competent jurisdiction within Los Angeles
County. A copy of the complaint and the summons issued thereon must be served with thirty (30) days
of receiving this notice of rejection. Upon being served, the Director of Finance will withhold the
disputed amount from being released until a decision is rendered by the court.
Dianna L. Honeywell
Director of Finance
Date
2014-28