HomeMy WebLinkAboutCC Reso 2022-32 - Adopting Policy for Escheatment of Unclaimed Money RESOLUTION NO. 2022-32
RESOLUTION OF THE CITY OF UKIAH ADOPTING THE CITY OF UKIAH POLICY FOR
ESCHEATMENT OF UNCLAIMED MONEY.
WHEREAS, California's government code section 50001 through 50057, provides that, except as
provided by law, money that is not the property of a local agency that remains unclaimed in its treasury
or in the official custody of its officers for three years is the property of the local agency, after notice,
if not claimed or if no verified complaint is filed and served. The Code sets forth steps required for
notice, claim requirements and other procedures; and
WHEREAS, the City does not currently have such a policy, therefore the Finance Department, with
assistance from the City Attorney's office, developed the attached policy, which is Exhibit A.
NOW,THEREFORE BE IT RESOLVED, that the Council of the City of Ukiah hereby adopts the City's
Policy for Escheatment of Unclaimed Money.
PASSED, ADOPTED and APPROVED this 15t day of June, 2022 by the following vote on roll call
vote:
AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
Jim rown, Mayor
ATTEST:
� � .
Kristine Lawler, City Clerk
EXHIBIT A
TITLE:
POLICY FOR HANDLING ESCHEATMENT
City of Ukiah
Finance and IT Department
CATEGORY: DISBURSEMENTS ADOPTION LEVEL: DATE:
DEPARTMENT 4/30/2022
POLICY NO.: 002-2022 ENABLING RESOLUTION N/A
(resolution no)
Authorizing ORIGINALLY ADOPTED NA
Signature
REVISED NA
C � }
POLICY COMMITTEE
DEPARTMENT HEAD
Table of Contents
Policy—_____ .. . .. . ...... . .. . ................................__...,........ _...,..,..,......................................, 1
GeneralPolicy Guidelines.........................................................................................................................1
Procedures---,. . . .. .. . ..................................................................................................................... 1
Attachments....................................................................... ............ ..... ..... .. .. ......... ..... ... .. .. .. .. ... .. ....3
A. Attachment A:Public Notice................................................... ........ ., .. ................... .. .. ..... . .. .._3
& Attachment B;Claim Form................................................................................................................4
C. Attachment C,Claim Rejection Form. ... .............. .... .. .. .. . .. ....................................................S
POLICY
General Polty Guidelines
This Policy is established to provide for the escheatment of unclaimed money for the City of Ukiah
("City'), including private organizations or other governments that the City has a fiduciary responsibility
to record receipt,temporary investment and remittance of resources, consistent with the provisions of
Government Code Sections 50050 through 50057. In the event of any conflict between the provisions of
the Government Code and the provisions of this Policy,the provisions of the Government Code shall
prevail.
PROCEDURES
1. Money that is not the property of the City that remains unclaimed for a period of more than
three(3)years shall become the property of the City forty-five(45)days after publication of the
Notice described in Paragraph 3 below(Government Code Sections 50050 and 50051).
2. Each December and June, a register of unclaimed checks will be generated or updated and
reviewed. Items older than six(6) months will be voided in the financial software system and
moved to an Unclaimed Checks liability account.
3. Annually,following the expiration of the three (3)year period described in Paragraph 1 above,
the Finance Director(or designee)of the City may cause a Notice to be published once a week
for two successive weeks in a newspaper of general circulation published in the local area of the
City of Ukiah,and on its website(Government Code Section 50050).
4. The Notice shall include the following information:
a) The individual or business name as shown on the issued check
b) The amount of the issued check
c) The check number
d) A statement announcing that the money shall become the property of the City on the date
that is forty-five(45)days after the publication of the notice. (Government Code Section
50051). A model template for the Notice is attached as Attachment A.
5. A party of interest may file a Claim at any time until the date on which the money becomes the
property of the City as provided in Paragraph 1 above.The Claim request must include the
following information:
a) The claimant's name,address, and telephone number;
b) A form W-9;
c) Proof of identity such as a copy of a driver's license,social security card or birth certificate;
d) Amount of the claim;
e) The grounds on which the claim is founded (Government Code Section 50052).
A model Claim Form is attached as Attachment B.
6. Upon receipt of the information and documents described in Paragraph 5 above, prior to the
date the unclaimed money becomes the property of the City,the Finance Director may release
the money(by issuance of a new check,for example)to the depositor, or heir, beneficiary,or
duly appointed representative(Government Code Section 50052.5). Any claims paid under this
policy shall be without interest.
7. Upon rejection of a claim by the Finance Director,a claimant may file a verified complaint
seeking to recover all,or a designated part,of the money in a court of competent jurisdiction
(Government Code Section 50052).
8. Unless otherwise required by law(e.g.,where the claimant has served the Finance Director with
a timely complaint as described in Paragraph 7 above), upon unclaimed money becoming the
property of the City, it shall be removed from the Unclaimed Checks liability account and
recognized as General Fund miscellaneous revenue or other appropriate fund as determined by
the Finance Director.
9. Any individual item of less than fifteen ($15.00)dollars or any amount,if the depositor's name is
unknown,which remains unclaimed for a period of one(1)year may become the property of
the City without the necessity of public notification in a newspaper or City website(Government
Code Section 50055).
ATTACHMENTS
A_ Attachment A; Public Notice
PUBLIC NOTICE
CITY OF UKIAH
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT,the Finance Department of the City of Ukiah,County of Mendocino,
State of California,declares that the following monetary sums have been held by the City of Ukiah and
have remained unclaimed in the amounts hereafter indicated for a period of over three (3)years and
will become the property of the City of Ukiah on the_day of month], ear ,,a date not less than forty-
five(45)days after the first publication of this Notice.
Any party of interest may, prior to the date designated herein above,file a claim with the City's Finance
Department which includes the claimant's name, address,telephone number,amount of claim,the
grounds on which the claim is founded and proper proof of the claim.The Unclaimed Funds Form can be
obtained from the City's Finance Department at 300 Seminary Avenue, Ukiah,CA 95482 or from the
City's website at www_citVofukiah.comifinance/.A completed and executed Form W-9 must be
provided before funds will be released. A copy of Form W-9 can be found at www.irs.Fov/pub/irs-
pdf/fw9.tdf.
The City's Finance Department can be contacted with any questions at(707)463-6212.
Check Date Check Number Check Amount Payee Name
Daniel Buffalo
Finance Director
B, Attachment B: Claim Form
CLAIM FORM
CITY OF UKIAH
UNCLAIMED FUNDS—CLAIM FORM
Return competed form to:
City of Ukiah
Finance Department
300 Seminary Avenue
Ukiah, CA 95482
Pursuant to California Government Code Section 50052, 1 wish to file a claim for a previously unclaimed
check in the amount of$___. ____. I have attached a completed Form W-9 and the grounds on
which I file this claim are:(provide documents that support your claim, otherwise your claim may be
rejected. For example,copies of signed agreements, permit number,or cancelled checks):
Vendor or Individual Name(Printed)
Vendor or Individual Name(Signature) Telephone Number
Address
City/State/Zip Code
For Finance Department Only
Completed Form W-9: Proof of Identity Verified: Check One:
Driver's License Social Security Card Birth Certificate
Verified by: Date:
Claim: Approved Rejected Reason for Rejection:
Reviewed by: Date:
C. Attachment C: Ciaim Rejection Form
CLAIM REJECTION FORM
CITY OF UKIAH
UNCLAIMED MONEY—CLAIM REJECTION FORM
The City of Ukiah has rejected the unclaimed property claim of:
Vendor or Individual Name
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 Mendocino
County. A copy of the complaint and the summons issued thereon must be served within thirty(30)days
of receiving this notice of rejection. Upon being served,the Finance Director will withhold the disputed
amount from being released until a decision is rendered by the court.
Daniel Buffalo
Finance Director