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HomeMy WebLinkAboutRES 2008-11RESOLUTION NO. 2008-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A REIMBURSEMENT POLICY IN ACCORDANCE WITH GOVERNMENT CODE §§ 53232.2 AND 53232.3 AND RESCINDING RESOLUTION NO. 2006-24 IN ITS ENTIRETY The City Council of the City of Diamond Bar does resolve as follows: The City Council finds and declares as follows: Elected and appointed City Officials are responsible for promoting and protecting public health, safety, and welfare. Among other things, these duties may require City Officials to: • Discuss the City's concerns with state and federal officials; • Participate in regional, state and national organizations that affect the City's interests; • Attend educational seminars designed to improve City Officials' skills and provide information; and • Promote public service and morale. • Attend meetings, ceremonial events and other activities sponsored by constituents, neighborhood groups, business organizations and similar groups. • Promote economic development. • Meet with constituents, business owners and others with an interest in the City. It is in the public interest to reimburse City Officials' expenses incurred in connection with these activities consistent with the provisions of this Resolution. Therefore, the City Council of the City of Diamond Bar hereby approves, adopts and enacts the following: 1. Resolution 2006-24 is rescinded in its entirety 2. The attached CITY COUNCIL/EMPLOYEE AUTOMOBILE AND ADMINISTRATIVE EXPENSE POLICY is hereby adopted effective immediately. Declaration of Policy. This Resolution is adopted in accordance with Government Code §§ 53232.2 and 53232.3 so that the City of Diamond Bar may reimburse appropriate expenses incurred by elected and appointed City officials while on authorized travel or otherwise engaged in the conduct of City business. Absent City Council approval, and only in extraordinary circumstances, the City will not reimburse City Officials an amount greater than allowed by this Resolution for expenses incurred during the course of conducting City business. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable. The City Clerk is directed to certify the passage and adoption of this Resolution; cause it to be entered into the City of Diamond Bar book of original Resolutions; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Resolution, cause it to be published or posted in accordance with California law. This Resolution will become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 4th day of March 2008. Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of L!7a.rch 2008, by the following vote: AYES: COUNCIL MEMBERS: C amg, Tye, HPi/hvere%-_t, H/'Tstaizk NOES: COUNCIL MEMBERS: Noaae ABSENT: COUNCIL MEMBERS: lierrera ABSTAINED: COUNCIL MEMBERS: -ixone Tommye tribbins, City Clerk CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: Authority: city council Minute order Effective: March 4, 2008 Purpose The City of Diamond Bar recognizes the constructive value of attendance by City officials and employees at professional conferences, seminars, and meetings. In addition, the City recognizes that it is desirable and sometimes necessary for City officials and employees to attend meetings with other government officials, business organizations, community organizations and constituents, and to attend ceremonial events and other activities that promote or benefit the City. It is in the public interest to reimburse expenses incurred in connection with these activities consistent with the provisions of this policy. This policy has been prepared in compliance with California Government Code Sections 53232.2 and 53232.3. 2. Application The City reimburses its officials and employees for expenses incurred in connection with business related travel and attendance at meetings and events, in amounts designated in the approved City budget. The establishment of reasonable limits on expense reimbursement assures a prudent and responsible use of public funds and allows more officials and employees to attend beneficial conferences, seminars and meetings. Except as otherwise noted, this policy applies to all City elected and appointed officials and all City employees. Absent unusual circumstances and only with the permission of the City Council, expense reimbursements will not exceed the amounts set forth in this policy. "Reimbursement' for purposes of this policy means all forms of payment for expenses incurred by City officials and employees in the course of their official duties whether paid directly by the City (including without limitation, with a City -issued credit card) or advanced by City officials and employees with personal funds and later reimbursed from City funds. 3. Procedure Requests for authorization to travel shall indicate inclusive dates of travel, destination, purpose of trip, persons involved and mode of transportation. Requests shall be made to the City Manager or her/his designee. In the event of "short notice" trips, department heads, in their own best judgment, may travel or authorize travel, subject: to subsequent approval by the City Manager. Where travel involves overnight lodging, authorization shall be by the City Manager or Assistant City Manager. 4. Method of Travel City officials and employees must use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct and time -efficient route. Government and group rates must be used when available if they are the least expensive fare. a) Automobile City officials and employees who do not receive an automobile allowance should use City vehicles to the extent possible. When necessary to use private automobiles, reimbursement to officials and employees who do not receive an automobile allowance will be at the official IRS rate for person vehicle miles driven in the course of official City business. Mileage will be measured to and from City Hall. Mileage reimbursement does not include bridge and road tolls and parking, which are also reimbursable. For those officials or employees receiving an auto allowance, only travel for City business outside of a radius of 60 miles from the City is authorized for mileage reimbursement. Out -of -area trips shall be reimbursed at the lesser of actual mileage expense or the least expensive available airfare. City Councilmembers may elect pursuant to Government Code Section 1223 to receive a flat monthly expense reimbursement of $250 to reimburse them for automobile expenses related to performance of their duties within a 60 mile radius of the City. The City Council finds that this amount accurately reflects actual automobile expenses for routine automobile expenses within the City and its immediate environs; no monthly bill is required for reimbursement of this amount. b) Air travel Reimbursement shall be calculated on the basis of the cost of travel by air using the shortest and most direct route. All air travel shall be booked at least fourteen (14) days in advance, when possible, so as to receive the lowest fares possible. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (www.csac.counties.org/defauIt.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Flight insurance, in-flight beverages or flight entertainment shall not be included in a claim for reimbursement. C. Car rental. Rental rates that are equal or less than those available through the State of California's website (www.catraveismart.com/default.htm) 2008-11i 1 1 are considered the most economical and reasonable for purposes of reimbursement under this policy. d. Taxis/Shuttles. Taxi or shuttle fares may be reimbursed, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time -efficiency. When feasible, the lowest cost transportation provider should be utilized. Gratuities are considered incidental expenses and reimbursable as part of per diem. e. Airport Parking. Airport parking is reimbursable; long-term parking must be used for travel exceeding 24hours. 5. Lodging Lodging expenses will be reimbursed for when travel on official City business reasonably requires an overnight stay. Lodging expenses will be reimbursed only at the single occupancy rate for rooms. When an additional charge is imposed for internet/broadband access, that charge may be reimbursed as part of the room rate. Conferences/Meetings. If lodging is associated with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable. 6. Out of Town Meals and Incidentals For meals and incidental expenses associated with City business outside of a 60 mile radius of the City where an overnight stay is required, a City official or employee may claim a per diem of $70 per day. Baggage handling fees and gratuities are incidental expenses and reimbursed as part of per diem. 'The time calculations for per diem starts when the City official or employee begins travel. For each 24-hour period thereafter, the City official or employee can claim the full per diem amount. If there is a period of time at the end of the trip that is 2008-11 less than 12 hours, the City official or employee cannot claim more than one-half (1/2) the per diem rate. Receipts are not required to claim per diem. Any reimbursement claim for expenses that exceed the per diem rate may constitute additional income for tax purposes. 7. Local Meal Reimbursement Meals associated with City business within a 60 mile radius of the City will be reimbursed in amounts not to exceed the following amounts: Breakfast: $15 Lunch: $20 Dinner: $35 8. Telephone/Fax/Cellular City officials and employees will be reimbursed for actual telephone and fax expenses incurred when traveling on City business. Telephone bills should identify which calls were made on City business. City Councilmembers may elect to receive reimbursement for actual minutes of cellular telephone use devoted to City business upon submission of annotated billings, or in the alternative, may elect to receive a flat allowance for City cellular telephone expenses or a cellular telephone provided by the City for use in connection with City business. City Councilmembers may elect to be provided a facsimile machine and dedicated facsimile line at their home for use in connection with City business. The City Council finds that the cost of the cellular phone or the flat cellular allowance accurately reflects the cost of actual cell phone usage; should Councilmembers elect either of those options, no monthly bill is required for reimbursement. City Councilmembers electing to receive the flat allowance must, however, provide proof annually that they have purchased continuous cellular telephone services. In addition, to facilitate internet connectivity so that City Councilmembers may access City files, e-mails from City staff, and respond to constituent concerns via e-mail, City Councilmembers may elect to receive broadband internet access at the City Councilmember residence at City expense. 9. City Events This policy is not applicable to meals provided in connection with City sponsored events and promotional activities. Records, including a list of those entertained, affiliation and purpose of entertainment to benefit the City must be maintained. 10. Registration fees 2008--11 J 1 Registration fees for approved conferences and seminars are reimbursable, but shall be paid in advance by the City whenever feasible. 11. Unauthorized Expenses No personal expenses, such as laundering or barbering, etc. shall be allowed. No claim for entertainment shall be allowed except when it is a regularly scheduled part of the meeting being attended. The City will not pay for expenses incurred by a city official for his or her spouse, significant other or family members in connection with conference registration, meals, transportation or miscellaneous expenses. The personal portion of any trip is not reimbursable. For example, if a City Official elects to travel to an event in advance or stay longer on personal business, the City need only reimburse the City Official for roundtrip travel costs and costs incurred during the event's duration; Political or charitable contributions or events are not reimbursable. Personal losses incurred while on City business are not reimbursable. Expenses for which City Officials receive reimbursement from another agency are not reimbursable. 12. Claim Substantiation All reimbursement claims other than per diem and flat allowances shall be substantiated by attaching receipts to a claim reimbursement form and filing with the Finance Department for further action. Expense reports must document that the expense in question met the requirements of this policy. For example, if a meeting is with a legislator, the City official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. <:G:F-4--11 City officials and employees must submit their expense reports within thirty (30) days after an expense is incurred, accompanied by receipts documenting each expense. Unless included within a per diem, restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the City official or employee. 13 14. All expenses are subject to verification that they comply with this policy. Advances Officials or employees attending meetings or traveling on official City business may request an advance of funds to cover anticipated expenses for meals, lodging, travel and other reimbursable expenses. Normally, the City Manager is to receive requests for advance at least seven calendar days prior to need. The City Manager may waive the time constraint if deemed appropriate. All advances must be reported submitted, but never more than receipt. Any unexpended funds Finance Department. Credit Card Use Policy on the next expense statement thirty (30) calendar days from must be returned promptly to the City Councilmembers may use credit cards issued to them by the City for any expense allowed by this policy. City credit cards may not be used for personal expenses, even if the City Councilmember subsequently reimburses the City. 15. Sister City and Other Out of Country Travel Notwithstanding other provisions set forth herein above, payment for Sister City visits shall be limited to the payment of coach class air travel from LAX by the most direct route to the approved foreign city destination. In order to have such foreign travel paid, the City Council must authorize the visit and approve the Council member's or employee's travel. It is presumed that host foreign cities will provide the City approved delegate(s) with lodging and meals. Consequently, lodging and meals related to an approved foreign visit will not be paid by the City. Local foreign travel expenses, i.e., taxis or buses, or delegates' personal and incidental travel expenses shall not be reimbursed by the City. Any variance to this policy shall be considered and the decision related thereto shall be made at a regular or special meeting of the City Council. Travel 2008-11 in North Arnerica by City staff shall be approved on a case by case basis by the City Manager 16. Reports to Legislative Body At the meeting following an activity, each elected and appointed official must briefly report on meetings attended at City expense. If multiple City officials attended, a joint report may be made. 17. Compliance With Laws Some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the California Public Records Act. 18. Violation Of This Policy Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: o Loss of travel and/or reimbursement privileges; o A demand for restitution to the City; o The City's reporting the expenses as income to the City official and employees to state and federal tax authorities; o Civil penalties of up to $1,000 per day and three times the value of the resources used; and o Prosecution for misuse of public resources; c, Removal from an appointed commission or board; and c Discipline of City employees, up to and including termination. 1