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HomeMy WebLinkAbout6852RESOLUTION NO. 6852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN EXPENSE REIMBURSEMENT AND TRAVEL POLICY FOR THE CITY COUNCIL AND OTHER CITY OFFICIALS WHO SERVE ON A LEGISLATIVE BODY WHEREAS, the City of Arcadia ( "City ") takes its stewardship over the use of its public resources seriously; and WHEREAS, public resources should only be used when there is a benefit to the City; and WHEREAS, such benefits include the opportunity to discuss the community's concerns with State and Federal officials; participating in regional, state and national organizations and events whose activities affect the City; attending educational seminars designed to improve officials' skill and information levels; promoting public service and morale by recognizing such service; fostering ties with residents and civic groups; and discussing City affairs with members of the community; and WHEREAS, the City Council desires to adopt the "Expense Reimbursement and Travel Policy for the City Council and City Employees Who Serve on a Legislative Body," 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 these 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 at some point be constitutionally applied to charter cities; and 1 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 applies to any charges made with a City credit card, cash advance or other line of credit; and WHEREAS, the Policy applies to all elected and appointed officials who are members of a "legislative body" as defined in Government Code Section 54952. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Policy attached hereto is adopted as the approved expense reimbursement and travel policy of the City in compliance with AB 1234 and other applicable laws. SECTION 2. All prior City Ordinances, Resolutions and Policies inconsistent with the policies approved by this Resolution are hereby repealed in their entirety. Included in this rescission is Resolution No. 6581 and any relevant Administrative Policies. SECTION 3. This Resolution is effective upon its adoption by the City Council. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 2 Passed, approved and adopted this 20th day of November 12012 APPROVED AS TO FORM: I Step en P. Deitsch City Attorney 3 Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6852 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 20th day of November, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Segal, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic Cl Cif Clerk of the C y of Arcadia I.7.7�iTi •j' u Policy No.: II -01 Adopted: 03/07/1995 Amended: 08/07/2007 11/20/2012 CITY MANAGER The purpose of this Administrative Policy is to provide guidelines and a procedure for handling expenses incurred by members of the City Council, the Planning Commission and City staff who serve on a legislative body, while conducting City business and /or attending community functions, conferences and other events. It is the policy of the City of Arcadia to pay for expenses incurred by Council Members and other City Officials when the expense is related to municipal affairs and /or when it serves a public purpose. Said expenses include those related to travel, office supplies, attendance at conferences, workshops, meetings and special events. 1101:42 10 1 a 10 • This Administrative Policy covers the City Council, City Manager and other City Officials and staff that serve on a legislative body, as defined in Assembly Bill 1234. At this time, examples of Arcadia legislative bodies subject to AB 1234 and therefore subject to this policy, include the City Council, Planning Commission, Modification Committee, and the Business License Review Board. This policy does not in any way supersede AB 1234 or other State law. Rather, it is intended to put the City in compliance with the legislation and to provide a framework for how the City pays for travel to and attendance at events and reimbursement for expenses incurred while conducting City business. In this policy the word "Official" is used interchangeably in reference to Council Members, Commissioners, and City employees. For the purpose of this policy the City does not make a distinction between expense payments made in advance or reimbursed. Both are considered a use of public funds and are subject to the procedures defined herein. Again, it should be clear though that this policy does not supplant any of the requirements of AB 1234, which arguably, may distinguish between the two types of payments. Page 1 of 6 The City will pay for or reimburse Council Members and City Officials for expenses incurred while conducting City business or while representing the City at community functions. The City may pay for or reimburse the following types of expenses: • Office supplies • Transportation - airfare, mileage or gasoline, rental car, parking • Lodging • Meals • Telephone • Baggage handling fees • Reasonable and customary gratuities • Internet and fax costs for actual City business Activities that generally qualify for advance payment or reimbursement include: • Educational or informational meetings, workshops and conferences • Participation in regional, state or national organizations whose activities affect the City's interests • Attendance at City functions • Attendance at community and community - related events, including those held primarily for the purpose of raising funds for a non - profit organization For community events at which attendance by the City Official and the Official's significant other is generally considered to be expected, thereby serving the public purpose of joining the City Official in fostering ties with the community, the City may purchase a ticket for the Official and the Official's significant other. Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements should be used. Airfare is limited to coach class on a commercial air carrier. An Official may obtain personal frequent flyer credits for flights taken, but the selection of an airline or a given trip shall not be made for the purpose of accumulating such miles. Page 2 of 6 Automobile mileage is reimbursed at the prevailing Internal Revenue Service rate. If a rental car is necessary for the performance of an Official's duties, the car shall be " standard /intermediate /full - size" unless an upgrade is provided at no additional cost. When using the City's contracted vendor (Enterprise), physical damage and liability insurance should be provided as part of the quoted cost. If another car rental agency is used the liability insurance /damage waiver offered by the rental car company should be purchased at the time of rental. City vehicles are not usually used for transportation on extended trips, but if necessary they can be used with the approval of the City Manager or appropriate Department Head. Taxi fare, shuttle fees and parking fees are eligible for reimbursement as long as said expenses are incurred for City business. Lodging expenses will be paid for when travel on official City business reasonably requires an overnight stay. Lodging expenses are authorized for travel outside of a 50- mile radius of City Hall unless approved in advance by a majority of the City Council for Council Members aad or by the City Manager for employees. Travelers should request the government rate, when it is available. Government rates are presumed to be reasonable and therefore reimbursable through this policy. If the government rate is not available, lodging should be obtained that is at the median retail price for that area. If lodging is in connection with a conference or group meeting, the cost shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available at the time of booking. If the group rate is not available, comparable (e.g. government rate) lodging may be used, keeping in mind that it should be within the median retail price for the area. Reasonable (market rate) meal expenses and associated customary gratuities are eligible for reimbursement. Whenever possible, an attempt should be made to take advantage of meals that are included as part of the event. For the purpose of this Page 3 of 6 pF ABC, 0 Y , • • Policy No.: II -01 SUBJECT: EXPENSE REIMBURSEMENT AND TRAVEL Adopted: 03/07/1995 POLICY FOR THE CITY COUNCIL AND CITY Amended: 08/07/2007 EMPLOYEES WHO SERVE ON 1 1 LEGISLATIVE • t CITY MANAGER policy, when on a trip the reasonable reimbursement rate for meals is the current Internal Revenue Service per diem, unless unusual circumstances exist. This daily amount does not preclude the Official's responsibility to take advantage of meals included as part of the event. When attending a City - related function other than a conference, seminar or meeting, the actual cost of the meal will be reimbursed. Community Functions City and community functions at which City business is conducted, or at which a representative from the City is expected to attend or participate, are legitimate reimbursable expenses. Should a question arise, the City Manager will determine what is "legitimate." For major community functions hosted by an outside organization, at which it is traditional and expected that Council Members or City Officials attend on behalf of the City, it is acceptable for the City to purchase a "block" of tickets or a "table" in advance, without knowing which Officials will attend, and then distributing the tickets when it is known who is able to go to that particular function. 1n 1 •' • Expenses not eligible for reimbursement or advance payment by the City include: • Personal expenses • Alcohol • Dry cleaning • Political or charitable contributions (Purchasing a ticket to an event that raises funds for a non- profit charitable organization is a reimbursable expense, provided that the Official's attendance at the event serves a public purpose.) • Entertainment expenses such as movies, sporting events, golf, etc. • Non- mileage personal automobile expenses such as repairs, traffic citations, insurance and related Page 4 of 6 O� ARC 0 Policy No.: II -01 SUBJECT: EXPENSE REIMBURSEMENT AND TRAVEL Adopted: 03/07/1995 LICY FOR THE CITY COUNCIL AND CITY Amended: 08/07/2007 EMPLOYEES WHO SERVE ON A 11/20/2012 LEGISLATIVE BODY a CITY MANAGER 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 behalf of the City. Such request for an advance should be submitted to the City Manager prior to the need for the advance with an explanation of the purpose of the expenditure and the anticipated amount of the expenditure. This request may be made on a "Travel Request and Expense Report Form." Any unused advance must be returned to the City. As noted below, expenses may be pre -paid, with the understanding that receipts still need to be submitted. ..•• . Arrangements for attendance at meetings, conferences and events may be made by the Council Member or by the City Council's staff liaison in the City Manager's Office. To the extent possible, fees and charges may be paid in advance, with any outstanding documentation to follow when it is available. Whether travel arrangements are made by a staff member or by the Council Member, it is the elected officials' responsibility to ensure that all receipts and documentation are submitted as outlined in this policy. All expense reimbursement requests are to be documented with receipts and submitted on the appropriate paperwork, which may include an expense report form, a petty cash slip or another City Manager approved form. For extended trips, a "Travel Request and Expense Report Form" is usually required and must be completed and approved by the City Manager prior to the travel taking place. As noted above, City Officials shall submit an expense report (or another approved form) in order to receive reimbursement. Expense reports must document that the expense in question meets the requirements of this policy. For example, if the meeting is with a legislator, the local official should explain whose meals were purchased, what issues were discussed, and how they relate to the City of Arcadia. Expense documentation should be submitted within 30 days of the expense being incurred, accompanied by receipts. Inability to provide such documentation in a timely fashion may result in the expense being borne by the Official. •..- All expenses are subject to verification that they comply with the intent of this policy. All expenses for activities and materials not included in this policy require prior approval. For Council Members that approval is to be by the City Council at a public meeting. For City employees, that approval is to be by the City Manager. Officials subject to AB 1234 must make a brief report at the next meeting of the legislative body on a conference, event, or meeting they attended at the expense of the City. An exception to this is that if an employee attends a function as a City employee and not as a member of a legislative body, it is doubtful that AB 1234 reporting is required. Consult with the City Attorney if there are questions about this requirement. The penalties for misusing public resources or falsifying expense reports in violation of this policy may include, but are not limited to, the following: a. Loss of reimbursement privileges b. Restitution to the City C. Civil penalties pursuant to Section 8314 of the Government Code d. Prosecution pursuant to Section 424 of the Penal Code Page 6 of 6