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HomeMy WebLinkAbout55D - TRAVEL REIMBURSEMENT REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF THE COUNCIL USE ONLY: MAY 15, 2006 TITLE: RESOLUTION ADOPTING A TRAVEL AND EXPENSE REIMBURSEMENT POLICY PURSUANT TO ASSEMBLY BILL 1234 APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO + FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution establishing travel and expense reimbursement policies for the City Council and Boards and Commissions. DISCUSSION In 2005, the California Legislature enacted Government Code Sections 53232.2 and 53232.3 as part of AB 1234, a comprehensive open-government measure. Many provisions of AB 1234 are or may be inapplicable to Santa Ana as a charter city. Nevertheless, staff recommends that the City Council, in recognition of the City Council's stewardship in matters of public finance, implement the purpose and intent of Section 53232.2 by formally establishing standards for public officials' expense reimbursement. The goal of AB 1234 is two-fold: one, to establish clear limi ts for expense reimbursement by elected and appointed officials, particularly in the areas of travel and lodging expenses; and, two, implement transparent record keeping practices to permit the public to monitor such expenses. For many years, the City Council has followed a travel and expense reimbursement practice that very substantially complies with AB 1234 mandates such as avoiding the use of first class airfare, taking advantage of government rates for lodging, prohibiting payment of personal and family expenses in conjunction with City travel and requiring documentation of all expenses. Likewise, the City Manager has adopted a travel and expense policy for city staff and other officials that satisfies most of the goals of AB 1234. 550-1 Travel and Expense Reimbursement Policy Resolution May 15, 2006 Page 2 The attached resolution adopts a new formal policy. In addition to setting standards for lodging, travel expenses and qualifying activities, the policy directs the Executive Director of Finance & Management Services to adopt a formal expense reimbursement form that all affected officials will have to submit for all expenses. FISCAL IMPACT There is no fiscal impact associated with this action. ~\\~~:~JI' 0 ~ .~"_ Francisco Gutierrez Executive Director Finance & Management Services Agency 550-2 JWF 05/10/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A TRAVEL AND EXPENSE REIMBURSEMENT POLICY IN COMPLIANCE WITH GOVERNMENT CODE SECTION 53232.2 TO PAY FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. It is necessary and desirable for members of the City Council and certain other appointed City officials to incur various expenses in performance of their official duties. B. Santa Ana Charter Section 402 directs that members of the City Council receive ". . . reimbursement for required travel and other expenses while on official business of the City as authorized and approved by the City Council." The City of Santa Ana has along standing policy of ensuring that expenses incurred by its officials be reasonable and restricted to City business. C. The California Legislature has enacted Government Code Sections 53232.2 and 53232.3 as part of AB 1234, a comprehensive open- government measure. Many provisions of AB 1234 are or may be inapplicable to Santa Ana as a charter city. Nevertheless, the City Council, in recognition of the City Council's stewardship in matters of public finance, seeks to implement the purpose and intent of Section 53232.2 by formally establishing standards for public officials' expense reimbursement. D. Public resources should only be used when there is a substantial benefit to the City such as meeting with regional, state, federal and international officials on matters affecting City policies; participating in regional, state and national organizations, attending educational seminars designed to improve officials' skill and information levels; and, promoting public service and morale by participating in community events. Section 2. That certain City Council and Board & Commission Travel and Expense Reimbursement Policy attached hereto and identified as Attachment A is hereby adopted as the official policy which shall control the incurrence or Resolution No. 2006-XXX Page 1 of 6 550-3 reimbursement of necessary business expenses for members of the City Council and the Mayor, as well as members of any City board, commission or committee covered by Section 53232.2. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 2 of 6 550-4 Attachment A City Council and Board & Commission Travel and Expense Reimbursement Policy A. Covered Officials/Activities This policy shall apply to expense reimbursement requests for members of the City Council including the Mayor and when acting in their elected roles as well as when acting in their capacities as members of the governing boards of the Santa Ana Community Redevelopment Agency, Santa Ana Housing Authority, Santa Ana Public Financing Authority, and any other agency for which the City Councils acts as the governing body. This shall also apply to members of the following City boards, commissions and committees; Planning Commission, Community Redevelopment and Housing Commission, Library Board, Recreation Parks and Community Services Board, Personnel Board, Human Relations Commission, Environmental and Transportation Advisory Committee, Youth Commission and any other City controlled body which meets the definition of "legislative body" found in Government Code Section 53232.2. B. Authorized Expenses. City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: 1. Communicating, lobbying and negotiating with representatives of regional, state, national and foreign governments on matters affecting City policies and positions, and representation of the City with such other governments at official events and memorials; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Representing Santa Ana on state and regional agencies, authorities and districts such as the Metropolitan Water District; Orange County Sanitation District, Transportation Corridors Agency, Orange County Transportation Authority and the Orange County Water District; 4. Participating in regional, state and national organizations whose activities affect the City's interests; 5. Attending official events of local and regional charities and other prominent non-profit agencies active in the Santa Ana and Orange County communities; Resolution No. 2006-XXX Page 3 of 6 550-5 6. Attending City events including employee awards programs, neighborhood events and community meetings; 7. Meals for persons with whom the official is conducting City-related business; 8. Participating in City-sanctioned economic development activities promoting or implementing a strategy for attracting or retaining businesses and other development to the City. C. Unauthorized Expenses. The following expenditures incurred by affected officials in the course and scope of their official duties shall not be reimbursed without prior City Council approval: 1. The personal portion of any trip; 2. Political contributions; 3. Family expenses, including those of a partner when accompanying an affected official on official business, child or pet care. Solely in the case of local charity/community activities described in B5 and B6 above, the City Manager may pay for attendance of a spouse or guest of the affected official. 4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations. D. Statement of Policy Travel expenses shall be allowed or reimbursed for days actually spent on City business, for programmed days of a conference or meetings, and for time spent in travel to and from these events. Expenses shall be computed for the days of the conference or event attended and for travel days not to exceed one day before and after the event if reasonably necessary. E. Airfare Generally, air transportation expenses shall not exceed the cost of jet air coach. First class travel may be approved by the City Manager when it is the only class available or if delay would result in additional expenses. All air travel shall be booked as far in advance as possible so as to receive the lowest fares possible. Overnight flight may be chosen by the individual but is not required. Affected officials shall use government and group rates for travel offered in conjunction with the event when available. Mileage for use Resolution No. 2006-XXX Page 4 of 6 550-6 of a personal vehicle may be paid in lieu of airfare, not to exceed the lowest available coach fare. In such a case, however, no additional lodging shall be permitted attributable to vehicular travel time. F. Meals Affected officials shall be entitled to reimbursement for meals and associated gratuities at a per diem rate of $50.00. Meal expenses in the high cost metropolitan areas shall be $65.00. The Executive Director of Management and Financial Services shall establish a list of qualifying high cost areas. He or she shall also adjust the per diem amounts annually in accordance with changes in the consumer price index. G. Lodqinq 1. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. 2. Conferences/Meetings. If such lodging is in connection 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. If the group rate is not available, then the official must request government rates, when available. 3. Other Lodging. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement shall be provided at an amount not exceeding the prevailing rate in the community for business class hotels. Whenever available, government rates shall be utilized. H. Travel 1. Mileage expenses for use of official's personal vehicle at the IRS approved rate unless the official receives an auto allowance as part of compensation, except when in lieu of airfare as provided below. 2. Bridge tolls and parking charges. 3. Taxi fares or shuttles fares including a 15 percent gratuity per fare, where no rental car is utilized. 4. Rental car expenses. The use of rental cars is permitted when determined to be the most effective use for local transportation. Mid-size vehicles shall be utilized unless the conference/event is being attended by multiple city officials/staff members, in which case the sharing of rental cars should be considered where reasonable. Resolution No. 2006-XXX Page 5 of 6 550-7 5. Airport parking for the official's personal vehicle. Long term airport parking shall be utilized where feasible. In lieu of parking, an airport shuttle may be used not to exceed long term parking costs for the trip. I. Miscellaneous Expenses The following additional expenses are reimbursable. 1. Actual and documented telephone and fax expenses incurred on City business. 2. Internet access connection and/or usage fees. 3. Miscellaneous travel expenses such as baggage handling fees of up to $2 per bag and reasonable tips and gratuities. 4. Conference and Training registration fees. J. Implementation/Documentation/Reports The Executive Director of Management and Finance Services, in consultation with the City Attorney, shall develop an Expense Reimbursement Form complying with the terms of Government Code Section 53232.3. All requests for advances or reimbursement shall be made in conformance with the adopted form and this Policy. Any qualifying expense may be provided in advance payments provided such expenses are supported by receipts. City Council members shall coordinate all travel and other City-related expenses with the City Manager's Office. The City Manager shall adopt procedures to further implement the policy herein created. The City Manager is also encouraged to implement comparable policies for City staff. In the case of members of the City boards, commissions and committees, no reimbursement otherwise allowable by this policy shall be reimbursed unless the expenditure is approved in advance by the City Manager or Agency Executive Director responsible for the particular board, commission or committee. Each affected official seeking reimbursement for expenses hereunder to attend a Brown Act-governed meeting shall made a brief written or verbal report to their body at its next regular meeting. Resolution No. 2006-XXX Page 6 of 6 550-8