To: Board of Supervisors
Department or Agency Name(s): Auditor-Controller-Treasurer-Tax Collector
Staff Name and Phone Number: Jennifer Murray (707) 565-3679
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Reissuance of Voided Warrants
End
Recommended Action:
Recommended action
Adopt a Resolution authorizing the Auditor-Controller-Treasurer-Tax Collector to reissue warrants totaling $24,634.86 with a voided date greater than two years.
end
Executive Summary:
The Auditor-Controller-Treasurer-Tax Collector’s Client Accounting Division is requesting the Board adopt a resolution authorizing the Auditor-Controller-Treasurer-Tax Collector to reissue scheduled bankruptcy payments that were not cashed within a six-month period and were voided over two years ago. Currently, the funds totaling $24,634.86 are being held in the Palm Drive Health Care District Fund and remain unclaimed by the payee.
Discussion:
Upon dissolution of the Palm Drive Health Care District (District) in August 2020, and pursuant to California Government Code §§ 57450-57463 under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, the County of Sonoma became the successor agency of the District with the responsibility of winding up the District’s affairs. As successor, the County of Sonoma Board of Supervisors has the same powers and duties as the legislative body of the District, including bankruptcy settlement payments and other obligations.
Government Code §29802 states that payments that are not cashed within a six-month period become “stale-dated” and are voided. When this occurs, the Client Accounting Division attempts to contact the payee to reissue the warrant. Government Code §29802 further allows for warrants to be reissued in certain circumstances.
The Board approved Resolution No. 91-0269 on February 21, 1991, granting authority for the ACTTC to reissue warrants when the payee presents the warrant or declares by affidavit the warrant has been lost or destroyed within two years from the date on which the original warrant became void, or when the payee presents the warrant after a period of two years from the date on which the original warrant became void. This situation, where the original warrant cannot be presented, is not covered by that resolution, and the ACTTC seeks authority to reissue these warrants that are stale-dated greater than two years.
Reissuing these warrants will allow the most equitable result, as the ACTTC has verified the identities of the payees as the original payees and confirmed the amounts of $14,359.42 and $10,275.44 are still unclaimed and the funds are available for reissuance. The reissuance is in accordance with the bankruptcy agreement entered into by the District.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
February 21, 1991: Resolution No. 91-0269 authorizing the County Auditor-Controller to replace voided warrants whenever the payee presents the original warrant and authorizing the County Auditor-Controller to replace warrants, presented within a period of two years from the voiding of the original warrant if the payee presents a lost or destroyed warrant affidavit to the Auditor.
Fiscal Summary
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FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Narrative Explanation of Fiscal Impacts:
The funds are currently held in the Palm Drive Health Care District Fund and are available for issue.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Resolution
Related Items “On File” with the Clerk of the Board:
N/A