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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; City Council November 5, 2013 Page 2 of 2 • 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 LA #4845-8952-4246 vI Cynthia Sternquist, Mayor APPROVED AS TO FORM: Eric S. Vail City Attorney LA #4845-8952-4246 vI 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- LA #4845-8952-4246 vl 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. LA #4845-8952-4246 vi 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 LA #4845-8952-4246 vi 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 LA #4845-89524246 vi 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. LA #4845·8952-4246 vI 5. The City reporting the expenses as income to the official to state and federal tax authorities. LA #4845-8952-4246 vi