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HomeMy WebLinkAbout1979-07-17; City Council; 5923; Revision of Refund Procedures--- ( c-?7 ..__. ---~ ... CITY 01~ CARLSBAD l1GI::NDA BILL NO. S~9'.'-=ri?._3-=--------- Di\TB: JULY 17, 1979 Initial: fl',. Dept.Hd. "/f.1/', C. Atty.~ C. Mgr.~ DEPAR'l'MENT: CITY Ml\Nl\GER SUbJect: REVISION OE' REFUND rROCEDURES S"l:cltem"i!nt. of the Matter As i:1dic:ated in the attached repo:r.t, your request to prepare an amendment to the Municipal Code on refund procedures has lt>d to a more ,:Jetailed analysis of the method of paying demancJs as well. 'l'he attached report recommends needed revii-;ion~ to the Municipa,,l Code and provides for a more effic:le1"'t way of processing r.efund requests under $500. Exh:i,bit Repor~ to City Manager dated July 9, 1979 from Adm. Asst. Ordi nancc: No. /6 J.,£ City Council Policy No. 26 Recommendation If the Council cv~.curs, Council's action would be to introduce Ordinance No. / ;2 /..;C Approve Council Policy No._2_6_, by' minute motion. Council ,Action: 7-17-79 Council introduced Ordinance 1215, amending the Munfcipal Code to revise the procedure for claims 'and demands. Council continued Council Policy tto. 26. 8-7-79 Council adopted Ordinance 1215. DATE: JULY 9, 1979 TO: CITY MANAGER FROM: Administrative Assistant SUBJECT: REFUND PROCEDURES Your request to investigate methods of revising refund procedures has led to an analysis of the City procedures invol'!ed in paying claims and demands. Chapter 3.32 of the Municipal Code details procedures for paying claims and demands as well as refunds. Unfortunately, the current practice and the procedure outlined in the Code do not correspond. Ordinance 1005, which established the procedure on claims and demands, was adopted on November 2, 1954. Since that time, in an effort to expedite the payment of demands, the procedure has evolved so that present practices are not consistent with Code requirements. The requirements written into the Municipal Code are very detailed and restrictive in light of today's operating requirements. Although the Code requirements may have served a good purpose when originally adopted, the Code should be amended to reflect the realitieo of today's operating needs. The requirements of Chapter 3.32 are more restrictive and detailed than required by state law (Government Code Sections 37201-37210) and reflect local policy requirements. Chapter 3.32 requires approval of the Auditing Committee (Section 3.32.020(3)), prior to payment of the demand. This procedure is not always followed and in practice, demands are approved after the fact. Although this practice does not conform to the requirements of the Code, such procedures are allowed under State law (Government Code Section 37208). In regard to the matter of refunds,code Section 3.32.030 requires prior approval by the City Council before a refund may be made. This procedure is even more restrictive than requirements for paying demands (Auditing Committee approval is required before payment of demands; the entire Council must approve the payment of a refund) and does not appear to serve any useful purpose. The existing procedure requires the person requesting the refund to make written application and have the refund approved by the City Council. REE'UNO PROCEDURES July 9, 1979 Page 2 '"""" In most cases the amount of refund is small and the applicant is forced to wait from two to four weeks before a refun1 may be granted. The following information is a sample of fifteen (15) Agenda Bill refund requests, submitted to the City Council since January l, 1978: Amount of Request Total No. of Refunds % of Total $ 0 -50 192 83.5 $ 51 -100 13 5.7 $ 101 -500 19 8.3 $ 501 -1060 2 0.8 $1000 -and over 4 1. 7 Total 230 100.0% The largest refund during this periud was for $8,031 and the smallest was for $1.05. The average refund was about $63.00 97.5% of the refunds made during this period were for less than $500.00. An ordinance amending Chapter 3.32 has been prepared. The amend- mend provides for the elimination of the Audit Committee, substitutes the words "Finance Director" for "City Clerk," and modifies the procedure so that upon proper documentation, the City Manager may authorize refunds less than $500.00. Warrants drawn in payment of refunds would be listed on the warrant register like other warrants and ratified by the City Council at its next meeting. Although the proposed procedure for payment of demands varies significantly from that required under existing Chapter 3.32, the amendment to Chapter 3.32 would conform to actual practice. The recommended Code Section 3.32 complies with the requirements of state law, provides good internal control, and provides adequate documentation for auditing purposes. It is further recommended that existing Section 3.32.020(f) be deleted from Section 3.32.020 and amended into Section 2.20.060(6). Section 2.20.060 establishes the powers and duties of the Finance Director. Sub-paragraph (6) of Section 2.20.060 provides that the Finance Director shall supervise the keeping of current inventories of all property of the City. The time and scope of inventory requir:ed under Section 3. 32. 020 (f) can be amended into Section 2.20.060(6) where it more appropriately belongs. In addition to amendments to the Municipal Code,City Council Policy No. 26 , refund of recreation fees has also been prepared. The policy provides more detailed guidance on the refund of recreation fees and provides for the issuance of a credit memo in lieu of a refund under certain circumstances. ?YYt FRANK N. MANNEN Assistant ,---·---------·-=---------------r ... ----------------, _......_ , C!TY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: PARKS AND RECRF.ATION Specific Subject: Refund o·f Recreation Fees rol:i.cy No. 26 (Page 1 of 1) Date Issued 7-18-79 ·-----i Effective Date 7-18-79 Cancellation Date_ Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish a policy to goverr. the refund of fees collected by the Parks and Recreation Department for fee supported programs. Di\CKGROUND: The Parks and Recreation Department conducts numerous fee supported pro- giams. In order to generate sufficient funds to support such programs, fees are collected to cover the cost of conducting the program. A mini- mum number of particip,r1ts is also required if the program is to be self- supporting. From time to· time fee supported programs are cancelled or program participants decide not to participate, either before or after the progr&m begins. The Carlsbad Municipal Code deals generally wit:h the issue of: refund·s, however, there is no specific policy statement on refund of fees collected for Parks and Recreation programs. POLICY: l. When the City cancels a fee supported Parks and Recreation program, registered program participants shall be eligible for a refund as authorized in the Carlsbad Municipal Code. Registered participants, in lieu of a refund, may request a credit for the fees paid against future fee supported programs. 2. If a registered participant withdraws prior to the beginniflg of a fee supported program, the registrant shall not be eligible for a refund but may receive a credit to be applied to another fee suppol~ted program. 3. If a registrant withdraws or fails to attend a program after it begins, the registrant is not entitled to a refund or a ci·edit. 4. Credits must be used within 6 months after issue. Credits will not be refunded. !· II II 11 111 2!1 31 4 5 6 ORDINANCE NO. 1215 ----- AN ORDINAt'lC)~ OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDI~G '1'1.TLE 2, CHAPTER 2. 20 or THE CARLSBAD MUNICIPAL CODE BY THE AMENDHEN'l' OF SECTION 2.20.060 AND BY THE AVJ.ENDMENT OF CHAPTER 3. 32 TO REVISE THE PROCEDURE FOR CLAIHS AND DEMANDS. The City Council of the City of Carlsbad, California, does 7 ordain as follows: 8 SECTION 1: 'J!hat Title 2, Chapter 2.20, Section 2.20.060 of g the Carlsbad Municipal Code is amended by the amendment of 10 Stu½section ( 6) to read as follows: 11 "(6) Property Inventory. He shall supervise the keeping of current inventories 0£ all property of the City by all city 12 departments, offices and agencies. At least once in each fiscal yeac, and at sucn other -c.i.mt::;:, u.:: =::.• roc;oJ.ution the Council may 13 direct, an inventory shall be made of such personal property and equipment belonging to tP~ City as is of a permanent nature 14 and classified as capital investment." 15 SECTION 2: That Title 3, of the Carlsbad Municipal Code 16 is amended by the amend1nent cf 3.32 to read as follows: 17 18 19 Sections: 20 21 22 3.32.010 3.32.020 3.32.030 3.32.040 "ChaEter 3.32 CLAIMS AND DEMANDS Payment of Demands Ratification of Payment Refunds Claims for Damage 3.32.010 Payment of Demands Demands, before payment, shall 23 be processed in accordance with the following procedure:, 24 (1) Demands other than payroll demands shall, before payment, be duly certified: 25 (a) By the department head for whom the work was performed. (b) By the Fin<-1.nce Director that such demands conform to 26 the budgetary allowances set forth by the City Council. 27 (2) Payroll demands shall, before payment, be duly certified as follows: 2H (a) 1.rhe Department heads shall certify or approve depart- mental attendance or payroll records for employees \ ., ·. I i I 2 3 4 5 6 '{ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in their departments. The Finance Director shall certify attendance or payroll records for other officers and employees. (3) After demands have been certified in accordance with the for.egoing, the Finance Director shall prepare warrants upon funds of the City as authorized by the City Council in appr.opriate budgetary and salary resolutions. For other than payroll warrants, the Finance Director shall indicate on each warrant the fund from which such demands are to be paid and the purpose for which such warrant is issued. The Finance Director shall then transmit the prepared war.rants to the City Treasurer anu the Mayor for. signature. The signature of the Mayor may be affixed by a stamped facsimile of his signature. 3. 32. 020 Ratification of Payment of Demands 'I'he Finance Director shall prepare for presentation at each regular City Council meeting a register of demands, which shall represent all financial demands made upon the City from and after the date of the last register so prepared, for ratification by the City Council. Payroll demands shall be included in a separate portion of the register of demands. The Finance Director shall attach thereto an affidavit certifying the accuracy of the demands and the availability of the funds for payment thereof. 3. 32. 030 Refunds. (a) When not otherwise prohibited by law the City Manager may authorize a refund in an amount not to e~ceed $500 and the City Council may authorize a refund for an amount in excess of $500 of all or ~art of any fee collected pursuant to the Carlsbad Municipal Code in accordance with the procedures of this section. (b) A written request for refund, signed by the person paying the fee or by the department head of the requesting de- partment, shall be filed with the Finance Director setting forth the facts and reasons which justify the request. (c) The Finance Director shall investigate the request and forward the request and his recommendation to the City Manager. (d) The City Hanager, in an amount not to exceed $500, or the City Council, for an amount in·excess of $500, may grant the request in whole or in part if they find that: (1) The fee was paid under a mistake of law or fact; or (2) 'rhe consideration for which the fee was paid has not been received and the City has no moral claim to the money; or (3) It is inappropriate and inequitable to retain the fee, which in good conscience, equity and justice sqould be returned; or (4) A refund is necessary to prevent an extreme hardship upon the person paying the fee for which such person is not responsible. (e) Upon receipt of proper authorization, the City Treasurer shall make the refund." ) j l. 3. 32. 04 0 Claims for Damage. No claim for damages against the City shall ever be a.tJ.owed or paid unless there has been first 2 ~iled with the City Clerk and presented to the Council a claim therefor within six months after the occurrence from which the 3 damages arose. All such claims for damages shall be first verified by the claimant before an officer authorized to 4 administer oaths. 5 EFFECTIVE DATE: This ordinance shall be effective thirty 6 days after its adoption, and the City Clerk shall certify to 7 the adoption of this ordinance and cause it to be published 8 at least once in the Carlsbad Journal within fifteen days after 9 its adoption. 10 INTRODUCED AND FIRST READ at a regular meeting of the 11 Carlsbad City Council held on the 17th day of July , 1979 _ ___,,__ __ 12 and thereafter 13 PASSED AND ADOPTED at a regula:r. meeting of said City Council 14 held on the 7th day of August , 1979 by the following 15 vote, to wit: 16. 17 18 19 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None 20 RONALD c. PACKARD, Mayor 21 ATTEST: 22 _/ 23 .f2ktj_4 O t@ldz::.,4~ ALE'l'HA L. RAUTENKRANZ, City C~k 24 (SEAL) 25 2~ 27 28