HomeMy WebLinkAboutEscheat a Total of $411.62 of Unclaimed Funds Over Three Yea 1.
Council/Agency Meeting Held: (f e
Deferred/Continued to:
Appr ved ❑ Conditionally Approved ❑ Denied zzk City C er 's natur
Council Meeting Date: 8/18/2008 Department I Number: CT08-16
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: SHARI L. FREIDENRICH, CPA, City Treasur
PREPARED BY: SHARI L. FREIDENRICH, CPA, City Treasur VY
SUBJECT: ESCHEAT $411.62 OF UNCLAIMED FUNDS UNDER $15 AND
$10,908.34 OF UNCLAIMED FUNDS OVER $15 PER GOV'T CODE
50055 TO GENERAL FUND
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City is holding $11,319.96 of unclaimed funds. Per Governmental
Code Section 50055, funds that are not the property of the City that remain unclaimed for
over three years and have not been claimed after publishment of a notice become the
property of the City.
Funding Source: Not applicable.
Recommended Action: Motion to: Review and approve the transfer of $11,319.96 of
unclaimed funds to the unappropriated General Fund in compliance with Gov't Code Section
50055.
Alternative Action(s): Deny transfer of funds and do not comply with government code.
Analysis: The City Treasurer has developed a procedure based on Government Code
Section 50055 (Attachment 1) for the escheatment of funds (Attachment 2).
Under the procedure, the City Treasurer received a list (Attachment 3) from the Finance
Department of unclaimed funds under $15.00 which have remained unclaimed for over one
year as of 9-30-07 and a list (Attachment 4) of unclaimed funds greater than $15.00 which
have been unclaimed for over 3 years as of September 30, 2007. Pursuant to Government
Code Section 50055, the City Treasurer published a notice on May 8, 2008 and May 15,
2008 in the Huntington Beach Independent with all unclaimed funds over three years old
greater than $15.00. The City released funds on all verified claims which were timely filed.
The remaining unclaimed funds total the amount of$11,319.96.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: CT08-16
Strategic Plan Goal: City Services provide quality public services with the highest
professional standards and meet community expectations and needs, assuring that the city is
sufficiently staffed and equipped overall.
Environmental Status: Not applicable.
Attachment(s):
Nb
® a
1. Copy of Government Code Sections 50050 to 50057
2. Escheatment of Money Procedure and Claim Form
3. Listing of Unclaimed Funds under$15.00
4. Listing of Unclaimed Funds over$15.00
-2- 8/4/2008 8:13 PM
ATTACHMENT # 1
WAIS Document Retrieval Page I of 3
CALIFORNIA CODES
GOVERMONT CODE
SECTION 50050-50057
50050. For purposes of this article, "local agency" includes all
districts. Except as otherwise provided by law, money, excluding
restitution to victims, 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. At any time after the expiration of the three-year period,
the treasurer of the local agency may cause a notice to be published
once a week for two successive weeks in a newspaper of general
circulation published in the local agency. Money representing
restitution collected on behalf of victims shall be either deposited
into the Restitution Fund or used by the local agency for purposes of
victim services after the expiration of the three-year period.
However, with respect to moneys deposited with the county treasurer
pursuant to Section 7663 of the Probate Code, this three-year period
to claim money held by a local agency is extended for an infant or
person of unsound mind until one year from the date his or her
disability ceases.
For purposes of this section, "infant" and "person of unsound mind"
have the same meaning as given to those terms as used in Section
1441 of the Code of Civil Procedure.
50051. The notice shall state the amount of money, the fund in
which it is held, and that it is proposed that the money will become
the property of the local agency on a designated date not less than
forty-five days nor more than sixty days after the first publication
of the notice.
50052. Upon or prior to publication, a party of interest may file a
claim with the treasurer which must include the claimant's name,
address, amount of claim, the grounds on which the claim is founded,
and any other information that may be required by the treasurer. The
claim shall be filed before the date the unclaimed money becomes the
property of the local agency as provided under Section 50051 and the
treasurer shall accept or reject that claim. If the claim is
rejected by the treasurer, the party who submitted the claim may file
a verified complaint seeking to recover all, or a designated part,
of the money in a court of competent jurisdiction within the county
in which the notice is published, and serves a copy of the complaint
and the summons issued thereon upon the treasurer. The copy of the
complaint and summons shall be served within 30 days of receiving
notice that the claim was rejected. The treasurer shall withhold the
release of the portion of unclaimed money for which a court action
has been filed as provided in this section until a decision is
rendered by the court.
50052.5. (a) Notwithstanding Section 50052, the treasurer may
release to the depositor of the unclaimed money, their heir,
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beneficiary, or duly appointed representative, unclaimed money if
claimed prior to the date the money becomes the property of the local
agency upon submitting proof satisfactory to the treasurer, unless
the unclaimed money is deposited pursuant to Section 7663 of the
Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release
unclaimed money deposited with the county treasurer pursuant to
Section 7663 of the Probate Code, to any adult blood relative of
either the decedent or the decedent's predeceased spouse.
(c) Notwithstanding Section 50052, the treasurer may release
unclaimed money deposited with the county treasurer pursuant to
Section 7663 of the Probate Code to the parent who has legal and
physical custody of a minor who is a blood relative of either the
decedent or the decedent's predeceased spouse without the need to
appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county
treasurer is five thousand dollars ($5,000) or less, the treasurer
may release the money according to Section 3401 of the Probate Code.
(2) If the value of the unclaimed money deposited with the county
treasurer is sixty thousand dollars ($60,000) or less, and the money
is not released under paragraph (1) , the unclaimed money may be
released by the treasurer to the parent who shall, after payment of
any costs incurred in making the claim, hold the money in trust, to
be used only for the care, maintenance, and education of the minor,
and the parent shall be liable therefor to the minor under the
fiduciary laws of this state. The money held in trust shall be
released to the minor when the minor reaches the age of majority.
(d) The claim shall be presented to the county treasurer in
affidavit form and signed under penalty of perjury. Notwithstanding
Section 13101 of the Probate Code, the claimant, to be entitled to
the entire escheated estate, needs only to establish with documentary
proof the existence of a blood relationship to either the decedent
or of the predeceased spouse, if any, and the documentary proof, if
regular on its face, need not be certified. Notwithstanding Section
13101 of the Probate Code, the claimant shall not be required to
declare that no other person has an equal or superior claim to the
escheated estate.
The county treasurer may rely in good faith on the sworn
statements made in the claim and shall have no duty to inquire into
the truth or credibility of evidence submitted.
In paying out the escheated estate, the county treasurer shall be
held harmless to all. Payment shall act as total acquittance and
shall completely discharge the county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the
claimant may take his or her grievance to the Superior Court of the
county holding the escheated estate.
Any claim paid hereunder shall be paid without interest.
50053. When any such money becomes the property of a local agency
and is in a special fund, the legislative body may transfer it to the
general fund.
50054. Whenever any city or county or city and county renders
construction services or constructs public works for any city,
county, city and county or any other governmental agency below the
level of the state government, the price charged for such services or
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construction shall be sufficient to reimburse the governmental body
performing such services for the full cost thereof including labor,
material, equipment costs or rentals and a reasonable allowance for
overhead. In computing overhead, without limitation on other factors
properly includable, there shall be allocated to the overhead cost
its proportionate share of indirect labor and administrative costs.
50055. Any other provision of this article notwithstanding, any
individual items of less than fifteen dollars ($15) , or any amount if
the depositor's name is unknown, which remain unclaimed in the
treasury or in the official custody of an officer of a local agency
for the period of one year or upon an order of the court may be
transferred to the general fund by the legislative body without the
necessity of publication of a notice in a newspaper.
50056, The responsibilities of the treasurer as provided under this
article may be delegated by the treasurer to the agency, district,
or department that maintains the supporting records of the unclaimed
money based on the initial receipt or deposit of that money or both.
50057. For individual items in the amount of one thousand dollars
($1, 000) or less, the legislative body of any county may, by
resolution, authorize the county treasurer to perform on its behalf
any act required or authorized to be performed by it under Sections
50050, 50053, and 50055. The resolution shall require that the
county auditor be informed of each act performed under the
authorization.
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ATTACHMENT #2
Escheat of Money
Gov't Section 50050-50056
1. Operating Expenses— Under Minimum ($15.00)
FinanceDepartment:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name and fund which are under $15.00 and which are over
one (1) year old for all bank accounts. Provide list to City Treasurer.
City Treasurer Department:
B) City Treasurer to request Council action for approval of the transfer of
these funds to revenue in the general fund.
11. Operating Expenses —Equal or Greater Than Minimum ($15.00)
Finance:
A) After the response period has expired, identify these items as stale over
one (1) year and remove them from the bank reconciliation and transfer
them into another JDE account entitled Unclaimed Warrants
B) At the end of every fiscal year, identify all remaining outstanding checks
over three (3) years old including check number, date, name and fund and
move to Unclaimed Warrants account. Provide list to City Treasurer.
City Treasurer Department:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name and fund which are equal or greater than $15.00 and
which are over 1 year old. Send a letter notifying payees of outstanding
check that has reached "Abandoned Property Status" allowing three (3)
weeks for response.
B) Upon receipt of a letter, a party of interest may file a claim with the City
Treasury which must include claimant's name, address, amount of claim,
the grounds on which the claim is founded and any other information that
may be required by the City Treasurer. (Copy of"Claim form" attached.)
The City Treasurer will provide this to the Finance Officer for review and
approval. If approved, paperwork for issuance of a new check will be
processed by accounting.
Office of the City Treasurer
policies\escheat.doc 05/08/2008
C) City Treasurer will provide list to City Clerk to publish unclaimed moneys
in a newspaper notice. The notice is to be published once a week for two
successive weeks in a newspaper of general circulation published in the
City. The notice shall state the amount of money, the fund in which it is
held, and that it is proposed that the money will become the property of the
City on a designated date not less than forty-five (45) days nor more than
sixty(60) days after the first publication of the notice.
D) Upon publication, a party of interest may file a claim with the City
Treasurer which must include claimant's name, address, amount of claim,
the grounds on which the claim is founded and any other information that
may be required by the City Treasurer. (Copy of"Claim Form" attached.)
The City Treasurer will provide this to the Finance Officer for review and
approval. If approved, paperwork for issuance of a new check will be
processed by accounting.
E) After the second publication in a newspaper, the City Treasurer will
prepare an RCA and request Council take action to approve the transfer of
all amounts in the Unclaimed Warrants account over three (3) years old to
the General Fund or if it is restitution collected on behalf of victims, it
shall be either deposited into the Restitution Fund or used by the City for
purposes of victim services after the expiration of the three-year period.
11I. Bond Funds—Under Minimum ($15.00)
Finance Department:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name and fund which are under $15.00 and which are over 1
year. Provide list to City Treasurer.
City Treasurer Department:
B) City Treasurer to request Council action for approval of the transfer of
these funds to revenue in the general fund.
IV. Bond Funds—Equal or Greater Than Minimum($15.00)
Finance Department:
A) After the response period has expired, identify these items as stale over
one (1) year and remove from the bank reconciliation and move into JDE
account Unclaimed Warrants
Office of the City Treasurer
policies\escheat.doc 05/08/2008
B) At the end of every fiscal year, identify all remaining outstanding checks
over three (3) years old including check number, date, name and fund and
move to Unclaimed Warrants account. Provide list to City Treasurer.
City Treasurer Department:
A). At the end of every fiscal year, identify all outstanding checks by check
number, date, name and fund which are equal or greater than $15.00 and
which are over 1 year old. Send a letter notifying payees of outstanding
check that has reached "Abandoned Property Status" allowing three (3)
weeks for response.
B) Upon receipt of a letter, a party on interest may file a claim with the City
Treasurer which must include claimant's name, address, amount of claim,
the grounds on which the claim is founded and any other information that
may be required by the City Treasurer. (Copy of"Claim Form" attached.)
The City Treasurer will provide this to the Finance Officer for review and
approval. If approved, paperwork for issuance of a new check will be
processed by accounting.
C) City Treasurer will provide list to City Clerk to publish unclaimed moneys
in a newspaper notice. The notice is to be published once a week for two
successive weeks in a newspaper of general circulation published in the
City. The notice shall state the amount of money, the fund in which it is
held, and that it is proposed that the money will become the property of the
City on a designated date not less than forty-five (45) days nor more than
sixty(60) days after the first publication of the notice.
F) Upon publication, a party of interest may file a claim with the City
Treasury which must include claimant's name, address, amount of claim,
the grounds on which the claim is founded and any other information that
may be required by the City Treasurer. (Copy of"Claim Form" attached.)
The City Treasurer will provide this to the Finance Officer for approval. If
a claim is approved, a new check will be issued and the amount removed
from the Unclaimed Warrants account.
G) After the second publication in a newspaper, the City Treasurer will prepare
an RCA and request Council take action to approve the transfer of all amounts
in the Unclaimed Warrants account over three (3) years old to the General
Fund.
Office of the City Treasurer
policies\escheat.doc 05/08/2008
Notice for Paper:
NOTICE IS HEREBY GIVEN THAT, the Treasurer of the City of Huntington Beach,
County of Orange, State of California, declares that the following monetary sums have
been held by the City Treasurer and have remained unclaimed in the funds hereafter
indicated for a period of over three (3) years and will become the property of the City
of Huntington Beach on the 111h day of November, 2002, a date not less than forty-five
(45) days nor more than sixty(60) days after first publication on this Notice.
Any party of interest may, prior to the date designated herein above, file a claim with the
City Treasurer which includes the claimant's name, address, amount of claim, the
grounds on which the claim is founded and the date, name, amount, and heading shown in
this notice. The City Treasurer may acceptor reject the claim. If rejected by the,City
Treasurer, the party submitting the claim may, within 30 days of receiving notice of
rejection, file and serve on the City Treasurer a verified complaint seeking to recover all,
or a designated part, of the unclaimed funds.
Office of the City Treasurer
policies\escheat.doc 05/08/2008
�4ouna�
CITY OF HUNTINGTON BEACH
8 CITY TREASURER
P.O.BOX 190
HUNTINGTON BEACH,CALIFORNIA 92648
o TELEPHONE: (714)536-5200
CLAIM FORM - UNCLAIMED FUNDS OVER 'THREE YEARS OLD
Original Payee Name:
Claimant Name: Phone#:
(if different)
Current Address:
DL#: SS#/TID#:
(attach copy)
Address when check was written:
Reason for original check issue:
Fund: 0 General ❑ Water
Check#: Date of original issue: Amount: S
In order to process a replacement check and claim these funds, the City of Huntington
Beach, City Treasurer must receive this form no later than June 26, 2008.
In consideration thereof, it is agreed that the undersigned, the heirs, executors, successors or assigns of the
undersigned, will indemnify and hold harmless the City of Huntington Beach, or assigns, from and against any
and all claims, liability, loss, damage, expenses, counsel fees and costs arising-through or by reason of any
endorsement, presentation, negotiation, collection or any attempt at collection or negotiation of the Original
Check or the Replacement Check by the undersigned, the employees, or agents of the undersigned. In the event
the Original check shall be found, the undersigned agrees to deliver to cause the same to be delivered to the City
of Huntington Beach for cancellation and to reimburse the City of Huntington Beach for all expenses incurred by
reason of the issuance of the Replacement Check.
Signature: Date:
Name (Print): Title:
For Office Use Only: This claim reviewed and approved by:
Original Ck#: Replacement Ck#: Date Replaced / /
ATTACHMENT #3
Summary of Funds Under$15 to be Escheated:
Date Amount Check#
12/10/2004 $8.09 584041
4/29/2005 $12.57 587267
8/19/2005 $2.36 589375
8/19/2005 $7.10 589441
9/2/2005 $5.41 589762
9/30/2005 $11.01 590414
10/14/2005 $11.94 679766
10/14/2005 $11.89 680075
10/14/2005 $11.10 680109
10/21/2005 $9.59 680529
12/23/2005 $5.21 591851
12/23/2005 $10.22 683111
1/6/2006 $2.63 683455
3/31/2006 $4.54 593621
3/31/2006 $3.02 593642
3/31/2006 $8.82 593656
4/28/2006 $12.94 688099
6/23/2006 $14.59 595017
6/30/2006 $11.99 595184
6/30/2006 $10.93 595301
7/28/2006 $13.90 692982
7/28/2006 $11.68 693005
7/28/2006 $10.84 693022
7/28/2006 $12.89 693031
7/28/2006 $13.92 693032
7/28/2006 $12.93 693046
7/28/2006 $11.54 693113
7/28/2006 $12.81 693120
7/28/2006 $13.16 693121
7/28/2006 $13.72 693199
7/28/2006 $13.78 693239
7/28/2006 $10.43 693258
7/28/2006 $12.61 693273
7/28/2006 $12.00 693289
7/28/2006 $12.97 693313
7/28/2006 $11.66 693333
7/28/2006 $14.06 693361
9/15/2006 $10.00 695684
9/29/2006 $10.77 696304
Total $411.62
ATTACHMENT #4
Summary of Funds Over$16 to be Escheated:
Date Amount Check#
7/21/2004 $1,384.44 40550
1/20/2004 $343.53 25990
1/9/2004 $20.46 575649
3/19/2004 $19.30 577773
3/26/2004 $26.00 655989
4/23/2004 $26.00 657016
8/13/2004 $52.00 661827
9/17/2004 $150.00 663401
3/31/2004 $167.97 38375
11/7/2003 $25.00 650808
9/10/2004 $28.34 663090
7/2/2004 $1,308.25 659929
4/2/2004 $30.00 656290
4/20/2004 $404.25 27650
6/25/2004 $25.81 580292
8/20/2004 $53.07 581610
7/9/2004 $25.35 580592
11/14/2003 $576.47 651091
7/2/2004 $52.42 659950
5/7/2004 $18.51 657735
10/17/2003 $31.48 573439
6/11/2004 $83.52 659125
9/10/2004 $100.00 663179
4/28/2004 $137.16 39164
8/17/2004 $290.12 29656
10/14/2003 $2,547.12 24317
4/14/2004 $23.25 38769
7/16/2004 $106.46 660596
1/30/2004 $375.00 653707
4/23/2004 $66.61 657171
8/6/2004 $40.00 661652
11/7/2003 $1,480.00 650977
6/11/2004 $150.00 659265
6/15/2004 $345.02 28551
3/19/2004 $26.61 655910
12/16/2003 $240.00 25403
12/5/2003 $17.70 651917
7/9/2004 $21.00 580612
1/30/2004 $35.00 653722
6/23/2004 $55.12 40204
Total $10,908.34
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Treasurer
SUBJECT: Escheatment
COUNCIL MEETING DATE: August 18, 2008
StAw S
y aC TCHME ,y
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Notached
t Applicable ❑
Staff Report (If applicable) Attached
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
ANA .... ;�2,. ....
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Administrative Staff ( )
Deputy City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLP►NATIOWFUR RETURN"OF ITEM,
RCA Author: SLF