Section 60.44. Claims against town.

 

(1)   General procedure.

(a) Claims for money against a town or against officers, officials, agents or employees of the town arising out of acts done in their official capacity shall be filed with the town clerk as provided under s. 893.80 (1d) (b) . This paragraph does not apply to actions commenced under s. 19.37 , 19.97 or 281.99 .

(b) The town board shall allow or disallow the claim. Notice of disallowance shall be made as provided under s. 893.80 (1g) .

(2)   Alternative procedure.

(a) The town board, by ordinance, may provide a procedure for approving financial claims against the town which are in the nature of bills and vouchers. The ordinance shall provide that payment may be made from the town treasury under s. 66.0607 after the town clerk reviews and approves in writing each bill or voucher as a proper charge against the treasury, after having determined that:

1. Funds are available under the town budget to pay the bill or voucher.

2. The item or service covered by the bill or voucher has been duly authorized.

3. The item or service covered by the bill or voucher has been supplied or rendered in conformity with the authorization.

4. The claim appears to be a valid claim against the town.

(b) The town clerk may require submission of proof to determine compliance with the conditions under par. (a) 1. to 4.

(c) The ordinance shall require that the clerk file with the town board at least monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.

(3)   Court actions to recover claims. Subsection (2) , or an ordinance adopted under that subsection, does not affect the applicability of s. 893.80 . No action may be brought or maintained against a town upon a claim unless the claimant complies with s. 893.80 . This subsection does not apply to actions commenced under s. 19.37 , 19.97 or 281.99 .

1983 a. 532 ; 1995 a. 158 ; 1997 a. 27 ; 1999 a. 150 s. 672 ; 2011 a. 162 .