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HomeMy WebLinkAbout6515 RESOLUTION NO. 6515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN EXPENSE AND USE OF PUBLIC RESOUCES POLICY APPLICABLE TO MEMBERS OF THE CITY COUNCIL AND OTHER ELECTED AND APPOINTED OFFICIALS WHEREAS, the City of Arcadia ("City") takes its stewardship over the use of its limited public resources seriously; and WHEREAS, the public resources should only be used when there IS a substantial benefit to the City; and WHEREAS, such benefils include: (i) the opportunity to discuss the community's concerns with state and federal officials; (ii) participating in regional, state and national organizations whose activities affect the City; (iii) attending educational seminars designed to improve officials' skill and information levels; and (iv) promoting public service and morale by recognizing such service; and WHEREAS, the City Council desires to adopt the "Expense and Use of Public Resources Policy" attached hereto ("Policy") for the purpose of providing guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured; and WHEREAS, the Policy will satisfy the requirements of Government Code sections 53232.2 and 53233.3 in the event such requirements could be constitutionally applied to charter cities; and WHEREAS, the Policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws; and WHEREAS, the Policy also applies to any charges made to a City credit card, cash advances or other line of credit; and WHEREAS, the Policy shall apply to all elected and appointed officials who are members of a "legislative body" as that tern1 is defined in Government Code section 54952. NOW, THEREFORE, THE CITY COUCNIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Adoption. The Policy attached hereto is adopted as the approved compensation and reimbursement policy of the City in compliance with AB 1234 and other applicable laws. SECTION 2. Rescission of Conflicting Ordinances, Resolutions, Policies. All prior City Ordinances, Resolutions, and Policies inconsistent with the policies approved in this Resolution are hereby repealed in their entirety. Specifically, this Resolution repeals Resolution No. 6 I 37 and Administrative Policy I-I but only to the extent that it is applicable to the City Council. 2 6515 SECTION 3. Effective Date. This Resolution IS effective upon its adoption by the City Council. Passed, approved and adopted this 21st day of Narch ,2006. ATTEST: c:> ~ i:-'S, ity Clerk of the City of Arcadia APPROVED AS TO FORM: ~~~ Stephen P. Deitsch City Attorney , ~ 6515 ST A TE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6515 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2 I st day of March, 2006 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None S6 \~"5 City Clerk of the City ~dia 4 6515 CITY OF ARCADIA EXPENSE AND USE OF PUBLIC RESOURCES POLICY I. APPLICA nON This Expense and Use of Public Resources Policy ("Policy") shall be applicable to all elected and appointed officials who are mcmbcrs of a legislative body as that ternl is defined in Government Code section 54952. Legislative Bodies include, but are not limited to, the City Council, the Planning Commission, and standing committees. II. AUTHORIZED EXPENSES A. Limitations. City funds, equipment, supplies (including letterhead), 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: I. Communicating with representatives of regional, state and national government on City adopted Policy positions; 2. Attending educational seminars designed to improve officials' skill and infornlation levels; 3. Participating in regional, state and national organizations whose activities affect the City's interests; 4. Attending City events; 5. Implementing a City-approved strategy for attracting or retaining businesses within the City, which will typically involve at least one staff member; 6. duties. Perfornling activitics at home or office in furtherance of official City B. Other Expenses. All other expenditures for occurrences not included in subsection A require prior approval by the City Council in a regular public meeting. C. Personal Expenses. Personal expenses will not be reimbursed by the City, including, but not limited, to the following: 1. The pcrsonal portion of any trip; 2. Political or charitable contributions or cvents; 3. Family expenses, including partner's expenses when accompanying official on agency-related business, as well as ehildren- or pet-related expenses; 4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gy11l, massage and/or golf related expenses), or other cultural cvents; 5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 6. Personal losses incurred while on City business. Any questions regarding the propriety of a particular type of cxpense should be resolved by the approving authority before the expense is incurred. III. COST CONTROL To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost bome or reimbursed by the City will be limited to the costs that fall within the guidelines. A. Transportation. The most economical mode and e1ass of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. I. Airfares. Reimbursement is limited to economy coach class commercial air carrier. An official may use City travel to quali fy for frequent flyer credits, but the selection of an airline for a given trip shall not be made for the purpose of accumulating such credit. 2. Automobile. Automobile mileage is reimbursed at Intemal Revenue Service rates presently in effect. Officials may use private automobiles for personal or group transportation. Reimbursement shall be at the prevailing IRS rate per busincss mile. Mileage shall not exceed the cost of round-trip air transportation. The amounts that are contained herein do not include bridge and road tolls, which are also reimbursable. 3. Car Rentals. If a rental car is necessary for the perfomlance of an official's duties, the rental car shall be standard or economy class unless an upgrade is provided at no additional cost. Use of a rental car, in lieu of private transportation, will be reimbursed either at the private auto mileage rate as set forth in section 2 above or the car rental cost apportioned for the number of days used for City business, whichever is less. 4. City Vehicles. City vehicles nomlally are not used for transportation on extended trips, but they may be made available for one-day trips if an officer has need for the same. 2 5. Taxi/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, 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. 6. Parking expense shall be reimbursed provided the officer uses the least expensive parking available. Parking incurred as part of a personal excursion are not reimbursable. B. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an ovemight stay. Lodging expenses are authorized only for travel outside of a 50-mile radius of City Hall unless approved in advance by a majority of the City Council. I. 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, see section 2 below. 2. Other Lodging. Travelers must request govemment rates, when available. Lodging rates that are equal or less to govemment rates are presumed to be reasonable and hence reimbursable for purposes of this Policy. In the event that govcmment rates are not available at a given time or in a given area, lodging rates that do not exceed the median retail price for lodging for that area listed on websites like www.priceline.com or an equivalent service shall be considered reasonable and hence reimbursable. C. Meals. Reimbursable meal expenses and associated gratuities will not exceed actual and necessary expenses associated with the perfonnance of official City duties. When possible, an attempt should be made to take advantage of meals that are included as part of conference or event registration costs (or included in airfare). D. Telephone/Fax/Cellular Expenses. Officials wi 11 be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business. For cellular calls when the official has a particular number of minutes included in the official's plan, the official shall identify the percentage of calls made on City business and the City shall reimburse him or her accordingly. E. Internet. Officials will be reimbursed for Intemet access connection and/or usage fees away from home, not to exceed $15.00 per day, if lntemet access is necessary for City- related business. Home-based intemet usage may be reimbursed provided such an expense is actual and necessary for the perfomlance of official City duties. F. Baggage. Baggage handling fees of up to $ ] per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which City officials receive reimburscmcnt from another agency are not reimbursable. 3 G. Office supplies. The City will reimburse officers for any office supply expenses which are actual and necessary for the pcrfonnance of their official City duties. H. Other Expenses. Thc City may reimburse other expenses provided these expenses are not the type listed in Section II.C. herein. IV. CASH ADVANCE POLICY From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City behalf. Such request for an advance should be submitted to the City Manager staff prior to the need for the advance with the following infornlation: (i) the purpose of the expenditure and (ii) the anticipated amount of the expenditures (for example, hotel rates, meal costs, an transportation expenses). Any unused advance must be returned to the City, along with an expense report and receipts documenting how the advance was used in compliance with this expense Policy. Instead of a cash advance, the City may pre-pay the cost of registration fees, food, lodging, transportation and reasonable incidental expenses. In the event expenses are prepaid, receipts should still be submitted so that the City can document 0 the Internal Revenue Service that the pa)~llent of the expenses does not constitute miscellaneous income to the official. V. CREDIT CARD USE POLICY City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City office holders may use the City's credit card for such purposes as airline tickets and hotel reservations by following the same procedures for cash advances. Receipts documenting expenses incurred on the City credit card and compliance with this Policy must be submitted within five business days of use or as soon as practicable. City credit cards may not be used for personal expenses, even if the official subscquently reimburses the City. VI. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE All cash advance expenditures, credit card expense and expense reimbursement requests must be submitted on an expense report fornl provided by the City. Expense reports must document that the expense in question met the requirements of this Policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. 4 Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. 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 bome by the official. AI] expenses are subject to verification that they comply with this Policy. VII. REPORTS OF CONFERENCE OR MEETINGS ATTENDED Officers will be required to provide a brief report on the conference or meeting attended at the next regular meeting of his or her respective legislative body. VIII. COMPLIANCE WITH LAWS City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. A]I agcncy expenditures are public rccords subject to disclosurc under the Public Records Act and other laws. IX. VIOLATION OF THIS POLICY Use ofpub]ic resources or falsifying expense reports in violation of this Policy may result in any or all of the following: I) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. 5