Policy for Unclaimed Funds - Westlands Water District

[Pages:13]Adopted: 9-21-21

Westlands Water District - Policy for Unclaimed Monies

Purpose The purpose of the Policy for Unclaimed Monies is to provide the proper and transparent process to take possession of unclaimed monies in accordance with State law and to ensure accurate accounting of District funds.

General Policy California Government Code. State law specifies that money that is not the property of a local agency, including water districts, that remained unclaimed for a period of three (3) years becomes the property of the local agency not less than forty-five (45) days after an initial public notice is published in a newspaper of general circulation published in the local agency.

Date Unclaimed Monies Becomes District Property. Money that is not the property of the District that remains unclaimed for a period of more than three (3) years shall become the property of the District forty-five (45) days after an initial public notice is published, except as otherwise provided below.

Publication of Notice. At any time after the expiration of the three (3) year period, the Treasurer of the District will cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency.

Contents of Notice. State law prescribes that 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 District on a designated date not less than forty-five days nor more than sixty days after the first publication of the notice. The notice shall include the name of the individual or business as shown on the check issued, the check number and the dollar amount of the check.

Proof of Publication. The District will retain the proof of publication from the newspaper in accordance with the District's records retention policy.

Unclaimed Monies Claim Form. Upon or prior to the publication, a party of interest may file a claim form with the Treasurer, before the date the unclaimed property becomes property of the District, seeking to claim all, or portion, of the unclaimed monies. The District's claim form must include the following information:

a. The Claimant's name, address and telephone number. b. The claimant's Social Security Number or Federal employer dentification

Number. c. Proof of identity of claimant. d. The amount of the claim.

e. The grounds on which the claim is founded. f. Completed W-9 form.

The Treasurer shall accept or reject the claim.

Release Of Unclaimed Monies. The Treasurer may release to the claimant unclaimed monies if claimed prior to the date the money becomes property of the District upon submitting proof satisfactory to the Treasurer.

Unclaimed Monies Less Than $15. Any individual item of less that fifteen dollars ($15), or any amount if the depositor's name is unknown, which remain unclaimed for a period of one (1) year, may be transferred to the District without the necessity of publication of a notice in a newspaper.

Acceptance Of Unclaimed Monies Claim. If the Treasurer accepts the claim, the District may release all or a designated part of the amount of an unclaimed check or other item, if:

a. Unclaimed Monies Claim Form is filed prior to the date the money becomes the property of the District.

b. Proof substantiating the claim is conveyed in writing, including all items detailed in this policy.

c. After proper documentation is secured, payment request is prepared to release monies based upon approved Unclaimed Monies Claim Form.

d. All claims will be paid without interest.

Rejection of Claim. If the Treasurer rejects the claim, the claimant may file a verified complaint seeking to recover all, or a designated part, of the money in a court within Fresno County.

Accounting Transactions. If a claim for unclaimed monies is received by the District prior to the date designated in the Public Notice for unclaimed monies to become the property of the District, the Deputy General Manager of Finance and Administration will verify the claimant's supporting documentation. If the claimant satisfies all conditions required under this policy, the District will issue a new check for the claimed amount to the claimant. Unclaimed monies not claimed during the public notice period will be transferred to the District's general fund. All outstanding checks of less than $15 that remain uncashed for a period of one year will be transferred to the general fund, miscellaneous revenue account annually.

Availability of Information on Unclaimed Monies A notice including the current listing of unclaimed monies will be posted to the District's website under the Notices menu and also on the web user login site so that landowners and water users, both previous and current, have access to the unclaimed monies listing and information on how to claim the monies.

Exhibits:

Exhibit 1 ? Sample of Public Notice Exhibit 2 ? Sample Letter Exhibit 3 ? Sample of Unclaimed Monies Claim Form Exhibit 4 ? Sample of Rejection Notice Exhibit 5 ? California Government Code Sections 50050 through 50056

Exhibit 1 ? Sample of Public Notice

Public Notice

NOTICE IS HEREBY GIVEN THAT, the Treasurer of the Westlands Water District, County of Fresno, State of California, declares that the following monetary sums have been held by the Westlands Water District and have remained unclaimed in the funds hereafter indicated for a period of over tree (3) years and will become the property of the Westlands Water District on the___ day of ________, 20XX, a date not less that fortyfive (45) days or more than sixty (60) 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 District's Treasurer which includes the claimant's name, address and telephone number, Social Security Number or Federal Employer Identification Number, amount of claim, the grounds on which the claim is founded. The Unclaimed Monies Claim form can be obtained from the District's Treasurer at 3130 N. Fresno Street, Fresno, CA 93703. A W-9 form must be provided before funds will be released. With any questions, please contact the Westlands Water District at (559) 224-1523.

This notice and its contents are in accordance with California Government Code Sections 50050-50057.

Check Date

Check Number

Payee Name

Check Amount

Name Treasurer Westlands Water District

Exhibit 2 ? Sample Letter

Date

Dear_______________: Our records indicate that check number _________________ issued to you on ______________ in the amount of $____________ by Westlands Water District has not been cashed and is now stale dated. To claim this money, please complete the enclosed Claim Form and provide proof of identity, as indicated on the Claim Form. Mail the completed Claim Form to:

Westlands Water District 3130 N. Fresno Street P.O. Box 6056 Fresno, CA 93703 Upon receipt of the properly completed and signed Claim Form, a new check will be issued to you. Please contact our office at (559) 224-1523 if you have any questions or need assistance. Sincerely,

Deputy General Manager- Finance and Administration Enclosure

Exhibit 3 - Unclaimed Monies Claim Form

Westlands Water District Unclaimed Monies Claim Form

Return completed Claim Form to:

Westlands Water District 3130 N. Fresno Street P.O. Box 6056 Fresno, CA 93703

Pursuant to California Government Code Section 50052, I wish to file a claim for the previously unclaimed check in the amount of $__________ that was published in the ______________ on ______________. The grounds on which I file this claim are:

_______________________________ Vendor or Individual Name (Printed)

_____________________________ Taxpayer ID or SSN

_______________________________ Vendor or Individual Name (Signature)

_____________________________ Telephone Number

___________________________________________________________________ Address

___________________________________________________________________ City/State/Zip Code

For Finance & Administration Division Only

Proof of Identity Verified ___________

W-9 Form _______

Verified by: _____________________

Date ____________

Claim Status:

Approved _______

Denied _________

If denied, reason for rejection ______________________________________________

Reviewed by: ____________________

Date: ___________________________

Exhibit 4 ? Sample of Unclaimed Monies Claim Rejection Form

Westlands Water District Unclaimed Monies Claim Rejection Form

Westlands Water District has rejected the unclaimed property of:

Vendor or Individual Name: ____________________________________________

Taxpayer ID or SNN: _________________________________________________

Address: ___________________________________________________________

City/State/Zip Code: __________________________________________________

Original Check Date: __________________________________________________

Original Check Amount: ________________________________________________

The grounds on which this claim has been rejected:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

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 Fresno 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 Treasurer will withhold the disputed amount from being released until a decision is rendered by the court.

__________________________________________ Deputy General Manager ? Finance & Administration

__________________________________________ Date

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