HomeMy Public PortalAbout13) 7.K. Adoption of Resolution No. 13-4952 Adopting a Reimbursement Policy for City Councilmembers and CommissionersAGcf\Jl)A
ITEM ?.K.
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: November 5, 2013
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
By: Tracey L. Hause, Administrative Services Director
SUBJECT: ADOPTION OF RESOLUTION NO. 13-4952, ADOPTING A
REIMBURSEMENT POLICY FOR CITY COUNCILMEMBERS AND
COMMISSIONERS
RECOMMENDATION:
It is recommended the City Council adopt Resolution No . 13-4952 , adopting a
reimbursement policy for City Councilmembers and Commissioners .
BACKGROUND:
1. On January 1, 2006, Assembly Bill (AB) 1234 went into effect requiring agencies
to provide mandatory ethics training and develop and adopt compensation and
reimbursement policies.
2 . On March 21 , 2006, the City Council adopted Resolution No. 06-4406, revising
Administrative Policy No. 3.00 regarding expense reimbursement and use of
public records.
ANALYSIS:
AB 1234 contains certain requirements and restr ictions on local agency practices
relating to reimbursing local elected and appointed officials' expenses, including :
• Adoption of expense reimbursement policies that specify the kinds of activities
that will be reimbursable;
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November 5, 2013
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• Identification of a "reasonable time" within which requests for reimbursement
must be submitted in those policies;
• Use of expense report forms; and
• Require that all expenses must be documented with receipts.
As part of a review of all City Administrative Policies, it has come to staff's attention
that the current Administrative Policy No. 3.00 regarding expense reimbursement is not
in accordance with AB 1234. The primary concern is that the current policy allows for
an advance payment to City Councilmembers or Commissioner for meals. It is staff's
understanding that providing an advance for meals (or a per diem) is not allowed and
receipts must be provided for all reimbursements for meals. After conferring with the
City Attorney's office, it was determined that a revised reimbursement policy should be
adopted by the City Council.
CONCLUSION:
In order to ensure the City is in compliance with AB 1234, the revised reimbursement
policy for City Councilmembers and Commissioners is recommended.
FISCAL IMPACT:
There is no fiscal impact of adopting this Resolution, revising the reimbursement policy
for City Councilmembers and Commissioners.
ATTACHMENT:
A. Resolution No. 13-4952
RESOLUTION No. 13-4952
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY, CALIFORNIA,
ADOPTING A REIMBURSEMENT POLICY
FOR CITY COUNCILMEMBERS AND
COMMISSIONERS
ATTACHMENT A
WHEREAS, AB 1234 requires the City to adopt an expense reimbursement
policy for its elected and appointed officials that specifies the kinds of activities that will
be reimbursed, the time for submitting reimbursement requests, and requires
reimbursed expenses to be documented with receipts;
WHEREAS, the City has adopted reimbursement rules for its employees and has
applied those rules in the past to elected and appointed officials as well;
WHEREAS, the City desires to adopt a separate expense reimbursement policy
that specifically applies to elected and appointed officials in compliance with AB 1234.
NOW, THEREFORE, the City Council of the City of Temple City does hereby
resolves as follows:
SECTION 1. Adoption of Policy. The Reimbursement Policy for Elected and Appointed
Officials attached hereto as Exhibit "A" is hereby adopted.
SECTION 2. Authorized Signatures. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption and the City
Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 3. Clerk's Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED on this __ day of ___ _
2013.
ATTEST:
Peggy Kuo
City Clerk
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Cynthia Sternquist, Mayor
APPROVED AS TO FORM:
Eric S. Vail
City Attorney
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I hereby certify that the foregoing resolution, Resolution No. 13-, was duly
passed, approved and adopted by the City Council of the City of Temple City at a
regular meeting held on the_ day of , 2013 by the following vote:
AYES: Councilmember-
NOES: Councilmember-
ABSENT: Councilmember-
ABSTAIN: Councilmember-
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Peggy Kuo
City Clerk
Exhibit "A"
CITY OF TEMPLE CITY
Reimbursement Policy for Elected and Appointed Officials
PURPOSE
To establish a policy for the reimbursement of expenses incurred by elected and
appointed officials (hereinafter "officials") of the City of Temple City ("City") in the
performance of City business. This Policy will be applicable to all elected or appointed
members of any legislative body (as defined in Government Code Section 54952(a),
(b)) of the City, including the City Council, Planning Commission, Parks and Recreation
Commission, Public Arts Commission, Public Safety Commission and any other City-
affiliated commission, committee, board, or other body created by ordinance, resolution,
or formal action of the City Council.
POLICY
It is the policy of the City to reimburse actual and necessary expenses incurred by
officials in the performance of City business. The City will not provide cash advances or
per diems to officials to cover anticipated expenses. This Policy does not prohibit the
City from paying for event registration fees, travel and lodging expenses, or other similar
expenses out of the City's own funds.
A. Activities Eligible for Expense Reimbursement
Expenses incurred in connection with the following types of activities are eligible
for reimbursement:
1. Attendance and participation at meetings of the official's legislative body
or at meetings of an advisory body of the legislative body.
2. Attendance and participation at meetings of any body or organization to
which the official has been appointed by the official's governing or
legislative body or at which the official serves as a designated
representative of the City.
3. Communicating with constituents on matters within the jurisdiction of the
official's legislative body.
4. Attending community events as a representative of the City.
5. Communicating with representatives of local, regional, state and national
government on City matters, policy positions, or legislation that may affect
the City.
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6. Participating in local, regional, state and national organizations and
entities whose activities affect City interests.
7. Attending seminars designed to improve officials' skill and information
levels.
8. Implementing a City-approved strategy for attracting or retaining
businesses to the City, which will typically involve at least one staff
member.
9. Appearing in one's official capacity before a judicial, quasi-judicial, or
administrative tribunal.
Reimbursement for expenses incurred with respect to activities not
authorized above require prior approval by the City Council or applicable
legislative body.
Activities involving air travel, overnight stays, or event registration fees
(such as a conference or seminar) shall only be eligible for reimbursement
if the activity was included in the adopted budget for the applicable fiscal
year.
B. Expenses Authorized for Reimbursement
1. Transportation. Transportation expenses incurred in connection with
activities authorized under Section A of this Policy are subject to the
following requirements:
a. Airlines and Other Commercial Carriers: Travel reimbursement is
generally limited to coach class fare at government rates or group
rates when available. Fares that are equal to or less than those
available through the through the League of California Cities or the
State of California (www.dgs.ca.gov/travel/home.aspx) are
presumed to be economical and reasonable for purposes of
reimbursement. If rates comparable to those available through the
League of California Cities or the State are either not available or
the fare to the applicable destination is not specified by these
sources, then fares that do not exceed the median retail price of the
fares posted on websites like www.expedia.com or
www.travelocity.com, or an equivalent service will be considered
reasonable. Baggage handling fees and reasonable gratuities will
also be reimbursed.
b. Automobile (Personal Vehicle): Travel using personal vehicles will
be reimbursed at the IRS mileage rate in effect at the time.
c. Rental Vehicles: Rental vehicles may be used if more economical
and reasonable than other forms of transportation. Rental vehicles
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are generally limited to the most economical and reasonable mid-
sized car. Government rates or rental rates that are equal or less
than those listed by the State of California
(www.dgs.ca.gov/travel/home.aspx) will be considered the most
reasonable and economical for purposes of reimbursement. If
government rates or rates comparable to those listed by the State
are either not available or the State does not specify a rate for a
particular location, then rental rates that do not exceed the median
retail price of the rates posted on websites like www.expedia.com
or www.travelocity.com, or an equivalent service will be considered
reasonable.
d. Taxis/Shuttles: Taxi or shuttle fares, when reasonable and
necessary, will be reimbursed, including a 15% gratuity per fare.
e. Parking: Actual and necessary parking costs will be reimbursed.
Officials shall make every reasonable effort to minimize parking
expenses, include utilizing long-term parking lots and self-parking
when more economical.
f. Tolls: Bridge and road tolls, including Fast Pass lane tolls, will be
reimbursed at their actual and reasonable costs.
2. Lodging. Lodging expenses incurred in connection with activities
authorized under Section A of this Policy when travel requires an
overnight stay are subject to the following requirements:
a. Officials must use government or group rates for lodging when
available.
b. If lodging is in connection with a conference or organized activity,
lodging expenses must not exceed the maximum group rate
published by the conference or activity sponsor if such rate is
available at the time of booking.
c. If group or government rates are not available, lodging rates that do
not exceed the median retail price for lodging in the area listed on
websites like www.hotels.com or an equivalent service will be
considered reasonable.
d. Lodging expenses will only be reimbursed at the single-occupancy
rate.
e. If Internet usage is necessary for City-related business, the City will
reimburse up to $15.00 per day for internet access.
3. Meals. Meal expenses incurred in connection with activities authorized
under Section A of this Policy will be reimbursed subject to the following
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requirements:
a. Total daily meal reimbursements shall not exceed the applicable
IRS meal rates in effect at the time.
b. The City shall not reimburse an official for meal expenses incurred
to purchase meals for third parties.
c. When a conference, seminar, or similar event includes one or more
meals, the official shall not be reimbursed for any meal costs
incurred for those meal times.
4. Miscellaneous Expenses. Actual and necessary miscellaneous business
expenses, as defined by the IRS and incurred in connection with activities
authorized under Section A of this Policy, may be reimbursed.
C. Reporting
1. Report Forms. Officials should submit their expense reports within 30
calendar days after the end of the month in which the expense was
incurred, accompanied by receipts documenting each expense. In no
event may a request for reimbursement be submitted later than the close
of the fiscal year in which the expense was incurred absent exigent
circumstances.
2. Reports to City Council, Board, or Commission. Each official must briefly
report on outside meetings subject to the Brown Act that are attended at
public expense at the next regular meeting of the official's legislative body.
If multiple officials attended such a meeting, a joint report may be made.
3. Expense Reports As Public Records. All expense reports of officials and
City reimbursement expenditures are public records subject to disclosure
under the Public Records Act and other applicable laws.
D. Penalties
Use of public resources or falsifying expense reports in violation of this Policy
may result in any or. all of the following penalties:
1. Loss of reimbursement privileges.
2. A demand for restitution to the City.
3. Civil penalties of up to $1,000 per day plus three times the value of the
resources used.
4. Prosecution for misuse of public resources.
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5. The City reporting the expenses as income to the official to state and
federal tax authorities.
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