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Document Date: 1/30/2008
Document Type: Resolution
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Keywords(no more than 4): Adopt Board Compensation Policy
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Document No. 08-06
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RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT ADOPTING A POLICY FOR
MEETING COMPENSATION, REIMBURSEMENT OF AUTHORIZED
NECESSARY EXPENSES FOR PERFORMANCE OF OFFICIAL DUTIES,
AND ADOPTION OF ETHICS TRAINING REQUIREMENTS PURSUANT
TO GOVERNMENT CODE SECTION 53232 ET SEQ. (AB 1234)
WHEREAS, Public Resources Code Sections 5536 and 5536.5 provide that the Board of
Directors of the Midpeninsula Regional Open Space District may authorize Board Members
to receive compensation for meetings and reimbursement of authorized and necessary
expenses incidental to the performance of their official duties; and
WHEREAS, the Board wishes to authorize such payments as provided herein and in
accordance with the Public Resources Code and State legislation; and
WHEREAS, AB 1234 requires that local agencies publicly adopt such rules and do so in
conformance with AB 1234 and attend biannual ethics training;
NOW,THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Midpeninsula Regional Open Space District hereby adopts the following Policy to comply
with such statutes:
1. The Board of Directors adopts the Board Policy for Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for Performance of Official Duties,
and Adoption of Ethics Training Requirements Pursuant to AB 1234, attached hereto as
Attachment A.
2. All current Board Members have attended the ethics training required by AB 1234 and
will biannually thereafter take such required training. The District shall keep a written
record of their completion of such training.
3. The Policy attached hereto supercedes all prior Board Policies regarding Board
Compensation and Expense Reimbursement, except as set out otherwise in this Policy.
BE IT FURTHER RESOLVED that the General Counsel, General Manager, and District
Clerk or their designee are hereby authorized on behalf of the District to execute and deliver
such documents, and to do such acts as may be deemed necessary or appropriate to
accomplish the purposes of this Resolution.
RESOLUTION NO. 08- 0 6
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on January 30, 2008 at a Special and Regular Meeting thereof, by the following vote:
AYES: Jed Cyr, Mary Davey, Larry Hassett, Curt Riffle,
Ken Nitz , Nonette Hanko, Pete Siemens
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Secretary esident
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Cl k
ATTACHMENT A
BOARD POLICY FOR MEETING COMPENSATION, REIMBURSEMENT OF
AUTHORIZED NECESSARY EXPENSES FOR PERFORMANCE OF OFFICIAL
DUTIES, AND ADOPTION OF ETHICS TRAINING REQUIREMENTS
PURSUANT TO GOVERNMENT CODE SECTION 53232 ET SEQ. (AB 1234)
A. COMPENSATION OF BOARD MEMBERS
i. Pursuant to Public Resources Code Sections 5536 and 5536.5, members of the
Board shall receive one hundred dollars ($100.00) for each attendance at a Board
meeting. A Board meeting includes a special meeting, a continued meeting, a
closed session, a public hearing, or a meeting of a standing committee of the
Board. Attendance at an ad hoc or other committee meeting shall be compensabee
only when determined to be so by the Board. Only Board members, who are
members of the committee, or authorized substitutes appointed by the presiding
officer, may be compensated for attendance at the meeting. A committee of the
Board includes a committee of one and Board-appointed representatives on a
committee established by other organizations. The maximum total compensation
per Board member allowable under this section shall be one hundred dollars
($100.00) per day and five hundred dollars ($500.00) per calendar month.
B. TRAVEL AND INCIDENTAL EXPENSES INCURRED WHILE PERFORMING
AUTHORIZED DISTRICT BUSINESS
1. Types of Occurrences and Meetings that Qualify for Expense Reimbursement. Board
Members are eligible for reimbursement for actual and necessary expenses incurred in
the performance of their authorized official duties as provided in Public Resources Code
Sections 5536 and 5536.5 and AB 1234 as follows:
a. Attendance at conferences in accordance with the Board's `Budget Guidelines
for Conference Attendance", or if the Board, on a case-by-case basis, approves
other conference attendance in advance, due to specific business needs of the
District.
b. Board authorized or General Manager requested, attendance at meetings with
nonprofit organizations,joint powers agencies, other government agencies such
as grant-funding agencies, District legislators or their staff, local, state or federal
representatives, and similar meetings, when such attendance is necessary in
order to effectively represent the District's position on a matter of District
concern.
2. Government and Group Rates. Airlines, hotels, rental car companies, and other
businesses often make special rates available to government agencies or groups. These
rates are presumed to be the most economical and reasonable rates for the purposes of
this Policy and shall be obtained whenever available.
3. Transportation. Generally, travel to Board-authorized conferences or other authorized
travel between points within 150 miles of the District's Administrative Office by the
Board Member's private vehicle shall be at the current rate established by the Internal
Revenue Service. Travel exceeding 150 miles shall be at rates not exceeding the most
economical rates of a public carrier. Specific types of transportation expenses shall be
reimbursed as follows:
a. Air Travel. Board Members may be reimbursed for the cost of a roundtrip
economy-class ticket, provided the amount of reimbursement does not exceed the
least expensive airfare that is consistent with the Board Member's reasonable
scheduling constraints.
b. Personal Vehicle Travel. Board Members may be reimbursed for expenses incurred
in traveling by personal vehicle at the current Internal Revenue Service mileage rate.
c. Car Rental Reimbursement. Where necessarywhen attending a conference or other
g
authorized travel, Board Members may be reimbursed for the expense of a rental
car, provided the amount of reimbursement does not exceed the most economical
and reasonable rates available. When more than one Board Member attends the
event, Board Members shall share the rental car where feasible.
4. Conference and Travel Meals. Board Members may be reimbursed for meal expenses
on a per diem basis for meals consumed in conjunction with conference attendance or
authorized travel in the following amounts, which include tax and gratuity up to the per
diem rate, or actual expense, whichever is less:
Breakfast: $12.00
Lunch: $17.00
Dinner: $30.00
The above limitations do not apply to meals at conferences or authorized travel at which
a fixed price meal is served as part of or,during the event. In such a case,the actual cost
of the meal will be reimbursed.
The meal reimbursement amounts set forth above will be adjusted annually effective
January to reflect any changes in the most currently available Internal Revenue Service
meal reimbursement rates for the Palo Alto area.
If a meal is provided by a conference or included in the payment of the registration fee,
Board Members may not be reimbursed for meals purchased in lieu of or in addition to
the provided meal, unless it is infeasible for the Board Member to attend the meal due to
the need to conduct other District business.
For conference or authorized travel meals attended by a group of persons including a
District Board Member or Members, Board Members will be deemed to have incurred a
pro rata share of the meal based on the number of paid participants in the meal. Board
Members shall be reimbursed for their pro rata share of the meal in an amount not to
exceed the per them meal rate limit set out in this Policy.
5. Conference and Travel Lodging. The District will reimburse lodging expenses when
conference or other authorized travel reasonably requires an overnight stay, provided the
amount of the reimbursement does not exceed economical and reasonable rates for
lodging that meets the Board Member's reasonable scheduling and official business
needs. For lodging in connection with a conference, such lodging costs shall not exceed
the maximum group rate available through the conference or event sponsor, provided
that the lodging at the group rate is available to the Board Member at the time of
booking. If the conference rate is not available, the Board Member shall use
comparable lodging and may be reimbursed at a nightly rate not to exceed the maximum
group rate available through the conference.
6. Incidental Expense Reimbursement. Board Members may be reimbursed for actual and
necessary incidental expenses incurred in connection with authorized conferences or
travel. Such expenses may include reasonable and customary gratuities, parking fees,
taxi fares, public transportation costs, tolls, telephone calls, internet, postage, facsimile
charges, and similar incidental expense
7. Conference Registration Fee Reimbursement. Board Members may be reimbursed for
the expense of an authorized conference registration fee as set out in the Board's
"Budget Guidelines for Board Conference Attendance" or as authorized by the Board on
a case by case basis.
8. Other Expenses. All other actual and necessary expenses incurred in the performance of
official duties that are not listed in this Policy shall not be reimbursed unless
reimbursement is approved by the Board in advance of incurring the expense.
9. Prohibited Expense Reimbursements. Board Members shall not be reimbursed for
expenses such as alcoholic beverages; spouse, domestic partner, or family member
expenses; entertainment expenses such as movie, theatre, or sporting event fees; nor for
fines for vehicle citations or damage to personal vehicles used in the course of District
business. Exceptions can be approved by the Board when necessary to comply with the
Americans with Disabilities Act or other applicable law, such as the payment for a
necessary caregiver or companion to accompany a Board Member due to a qualifying
disability.
C. DOCUMENTATION FOR COMPENSATION AND REIMBURSEMENT
1. Documentation Requirements. The District shall provide Board Members with expense
report forms to be filed by the Member for reimbursement of actual and necessary
expenses which are authorized to be reimbursed under this Policy. The form shall be
used to document the expenses for which reimbursement is sought are proper under this
Policy. The District shall also provide a separate form to document compensable
meetings.
a. Time for Filing Forms. Board Members must file expense report forms within thirty
(30) calendar days of incurring the expense in order to receive reimbursement. The
expense report forms shall be accompanied by itemized receipts for items
documenting each expense. Compensation forms shall also be filed within thirty (30)
calendar days of the meeting for which compensation is sought. In the event a Board
Member is unable to file such forms within thirty (30) days due to extenuating
circumstances, such as his or her absence from home or illness, the Board Member
shall file such forms as soon as feasible. In no event shall such forms be filed later
than ninety (90) days from the compensable meeting or incurring of the expense. If a
Board Members fails to file a timely reimbursement or compensation form, the Board
Members shall be ineligible to receive the requested payment.
b. Offset of Amounts Due the District. If a Board Member has reimbursable expenses or
compensation due from the District, and that Member owes any amounts to the
District, such amounts due shall be deducted from the reimbursement or
compensation otherwise due to the Board Member.
c. Public Records. All documents related to reimbursable expenses are considered
public records subject to disclosure under the California Public Records Act.
2. Report to Board Regarding Compensable Activities. Board Members shall provide
brief reports on meetings attended for which compensation is provided by this Policy at
the next regular Board meeting attended by the Board Member. The report may be
made orally during Board Informational Reports, or in writing. If provided in writing,
the Board Member shall state at the meeting that he or she is submitting to the District
Clerk a written report of compensable meetings attended.
D. ETHICS TRAINING PURSUANT TO AB 1234
Each Board Member shall receive at least two hours of training in general ethics principles
and laws relevant to his or her public service every two years. The District shall annually
provide information on training alternatives available to Board Members to meet the
requirements of AB 1234. Both the Board Member and the District shall maintain
documentation of the dates that Board Members received this training and the entity that
provided the training.