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HomeMy WebLinkAboutCC RES 09-77RESOLUTION NO. 09-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 08-101, RESOLUTION 07- 72, AND RESOLUTION NO. 02-8, ADOPTING A TRAVEL EXPENSE REIMBURSEMENT POLICY FOR OFFICIAL CITY BUSINESS BY ELECTED/APPOINTED OFFICIALS AND CITY EMPLOYEES. THE PALM DESERT CITY COUNCIL HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City of Palm Desert City Council wishes to adopt a travel expense policy that has been prepared and follows the guidelines of AB 1234 (codified as California Government Code Section 53232); and WHEREAS, the travel expense policy is attached hereto and made a part hereof marked as Exhibit A, which guidelines establish reimbursement for allowable travel expenses for civic and governmental functions attended by City representatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AS FOLLOWS: That the City Council for the City of Palm Desert, California, does hereby adopt the Travel Expense Reimbursement Policy for Official City Business by Elected/Appointed Officials and City Employees, attached hereto marked Exhibit A. PASSED, APPROVED, and ADOPTED this 12th day of November, 2009, by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, BELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL', MA ATTEST: CH LLE D. KLASS IV, CITY CLERK CITY OF PALM DESERT, CALIFORNIA [This page has intentionally been left blank.] RESOLUTION NO. 09-77 Exhibit A City of Palm Desert Travel Expense Reimbursement for Official City Business by Elected/Appointed Officials and City Employees PURPOSE AB 1234 contains certain requirements and restrictions on local agency practices relating to reimbursing local elected and appointed officials' expenses. AB1234 was subsequently codified as California Government Code Section 53232. The purpose of this policy is to: a. Comply with AB1234 and interpret the State law for the City of Palm Desert; and b. Define and clarify authorized reimbursable expenses in accordance with California Government Code Section 53232 et seq. It includes, but is not limited to travel, business meals, lodging, conference expenses, professional memberships, and other related expenditures incurred while conducting City business; and c. To establish procedures for authorization and reimbursement of such expenses. POLICY This policy is applicable to the City Council, all Commissions, Committees, Boards and Agencies, (hereafter "Agencies") of the City that are subject to the Brown Act and City employees. In accordance with Government Code Section 53232.2(f), all expenses that do not fall within the adopted travel reimbursement policy must be approved by the City Council in a public meeting, and for Employees, by the City Manager, before the expense is incurred. 1. Definitions For the purpose of this policy, the following definitions will be used: • Elected Officials — those individuals elected to the City Council • Appointed Officials — members of all Palm Desert Commissions, Boards and Agencies appointed and subject to the Brown Act and City Manager, Assistant City Managers and Department Heads designated by the City Council to represent the City • Agency — the City Council, and all Palm Desert Commissions, Boards and Agencies • Employee — an individual employed directly and solely by the City, excluding independent contractors, subcontractors, and other persons performing work on City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 1 of 7 RESOLUTION NO. 09-77 Exhibit A behalf of the City but self-employed or employed by other persons, corporations or entities • Reimbursable expense — City business expenses incurred and paid for by Officials and Employees 2. Pre -Payment by City Whenever possible, Officials and Employees should arrange for the City to be directly billed or prepay for expenses incurred for official City business, including travel arrangements and lodging. Expenses paid directly by the City are not "reimbursable expenses" within the meaning of this Policy. 3. Specific Occurrences Qualifying for Reimbursement of Expenses Incurred in Official City Business Government Code Section 53232.2(b) requires the City to specify the types of occurrences that qualify an Official or Employee to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. Accordingly, the following non-exclusive list contains expense classifications for guidance in determining expenses authorized to be expended for official City business, including travel and related expenses, memberships in professional organizations, and subscriptions to business -related newspapers and journals. Officials and Employees are expected to exercise good judgment and show proper regard for economy when incurring expenses in connection with official City business. The principle of "reasonable and necessary" should be used when deciding to expend taxpayer money. Any travel associated with the following non-exclusive categories and expenses, requires prior approval by the City Council in an open meeting: • Meetings with government and business leaders • Conferences, training and educational trips on behalf of the City, including visiting other governments to discuss and observe best practices • Lobbying trips, when a benefit to the City can be defined, such must be reported to the State quarterly • Business -related trips where a benefit to the City can be defined • City business -related reading and educational materials and organizational memberships Any travel within the State of California does not require prior City Council approval, in an open meeting, if (1) it adheres to the adopted provisions of the travel reimbursement policy and (2) there are adequate budgeted funds. Examples of expenses that the City shall not reimburse include, but are not limited to: • The personal portion of any trip • Family expenses, i.e. children or pet -related expenses City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 2 of 7 RESOLUTION NO. 09-77 Exhibit A • Laundry and entertainment expenses, including theatre, movies (either in -room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events • Political, religious or charitable contributions • Non -mileage personal automobile expenses including repairs, insurance and traffic citations • Personal losses incurred while on City business • Valet or other special services, including fitness center charges 4. City Payment for Expenses -Travel Companions The City will not provide any reimbursements for any traveling companion accompanying an Official or Employee. Any travel related expenses for traveling companions shall be paid by the Official or Employee. 5. Transportation, Meals and Other Reimbursement Airline Travel All Officials and Employees shall utilize coach or tourist class accommodations when traveling domestically or internationally by commercial airline. When reserving and purchasing airline tickets, Officials and Employees shall attempt to ensure the most cost efficient travel arrangements are made, when at all possible. Travel should be arranged through a travel agent or internet provider and charged on a personal credit card. Personal credit card purchases will be reimbursed only for the actual round-trip fare and only after the trip. Officials and Employees may, at their own expense, pay to upgrade their airline accommodations. The purchase of travel insurance by an Official or Employee may be considered a reimbursable expense, only as approved by the City Manager. Private Automobile Officials and Employees will be reimbursed for actual mileage, (not to exceed coach or tourist class airfare, where airline travel is a reasonable alternative,) for the use of their private cars in travel to and from designated place(s) on City business outside the City. The reimbursement rate will be at the current Internal Revenue Service rate. Officials and Employees who do not receive a monthly auto allowance shall be reimbursed for total round-trip miles. The number of miles used for reimbursement calculations will be either from the Official or Employees home or from City Hall, whichever is the least number of miles. Officials and Employees are required to verify mileage claimed via www.maps.aoogle.com or www.mapquest.com and submit such printed mileage verification to the Expense Report. Officials and Employees shall also review the City of Palm Desert's Fleet Policy for any further requirements, as related to this section. City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 3 of 7 RESOLUTION NO. 09-77 Exhibit A Use of Citv-Owned Vehicle There shall be no allowance or reimbursement for transportation when a City -owned vehicle is used. However, any out-of-pocket expenses, including gas or maintenance costs incurred in operation the vehicle during City business shall be reimbursed based upon representation of receipts. Officials and Employees shall review the City of Palm Desert's Fleet Policy for any further requirements, as related to this section. Garage and Parkina Expenses Expenses for necessary parking and storage of private or City vehicles may be authorized. Receipts should be provided to obtain reimbursement. Short-term airport parking is permissible for trips less than 24-hours, long-term airport parking must be used for trips exceeding 24-hours. Vehicle Rentals, Taxi and Transit Fare Out of town expenses for such transportation may be authorized where reasonable and necessary to conduct City business. Receipts must be provided to obtain reimbursement. Any reimbursement provided for taxi or other transit service is limited to $50.00 per day. When vehicle rental is chosen over taxi or shuttle service, there should be a business reason or economic benefit to support the rental decision. Any rental vehicle that will be reimbursed by the City shall be full-sized or smaller in capacity. If rental vehicle is subsequently denied, the related parking fees will also be denied and the employee will be reimbursed the round trip shuttle charges. Rental car used as the primary source of transportation from an Official's or Employee's home to and from the destination is considered a personal vehicle and will be reimbursed actual expenses not to exceed mileage allowance. Officials and Employees shall review the City of Palm Desert's Fleet Policy for any further requirements, as related to this section. Lodging & Out of Town Meals A per diem will be provided to Officials and Employees for adequate lodging and out of town meals. The per diem amount provided for lodging and meals shall be equal to the U.S. General Services Administrations' (GSA) M&IE rates. Officials and Employees can visit www.GSA.gov for current geographic rates and are responsible for providing the Finance Department with a copy of the most current rate table, when requesting per diem distribution. Lodging Up to the per diem amount will be provided for lodging. Lodging shall be provided at the single room rate when travel for official City business reasonably requires an overnight stay. A receipt is required for all stays at overnight accommodations and shall be included to the Expense Report. If the lodging rate is Tess than the geographic per diem City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 4 of 7 RESOLUTION NO. 09-77 Exhibit A rate, Officials and Employees will return any unspent distribution to the City. No per diem for lodging is available when travel destination is within 75 miles from City Hall or an Official/Employee's residence, whichever is closer to the travel destination. Conferences/Meetinas If lodging is in connection with a conference or organized educational activity, lodging expenses are permitted above the published per diem rate; however, they shall not exceed the maximum group rate published by the conference/activity sponsor for the meeting in question, if such rates are available at the time of booking. If reserving a room under the conference rate, final payment can only be made directly by the City of Palm Desert for such lodging and a receipt is still required to be included to the Expense Report. If the group rate is no longer available at the conference hotel, Officials or Employees may stay at nearby lodgings. In such occurrences, lodging reimbursement shall be up to the established GSA M&IE geographic per diem rate. MEALS A meal per diem will be provided when travel for official City business reasonably requires an extended stay. No receipts are required for any per diem meal expenses. Reimbursement of meal expenses for one day seminars are considered income and will be subject to income and employment tax withholding. Out of State Travel Out of state travel must be authorized by City Council in an open meeting prior to the trip or disbursement of advances. Tips and Gratuities Tips and gratuities are considered part of the per diem distribution; therefore, Officials and Employees shall not seek separate reimbursement for such expenses. Registration Fees Convention or meeting registration fees qualify for reimbursement. The City will pre -pay conference registrations prior to the date of the event. In cases where early registration is not possible, a receipt or registration form documenting the fee must be provided with the reimbursement request. In all cases, a brochure or registration document must accompany the payment voucher or petty cash voucher. Data Access Telephone, internet access usage and fax expenses may be incurred only to conduct City business. Up to two (2) daily telephone calls to an Official or Employee's family for a reasonable duration will be reimbursed by the City. Data access fees will be reimbursed up to the amount of $15.00 per day. City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 5 of 7 RESOLUTION NO. 09-77 Exhibit A No Shows and Late Cancellation This section addresses situations where an Official or Employee fails to attend a conference or general business meeting, after incurring expenses for that event. Such expenses may include conference fees, prepaid hotel charges, and airline charges. If an Official or Employee is unable to attend a planned trip, including a conference or general business meeting, it is the Official or Employee's responsibility to ensure that any prepaid fees are refunded to the City. For any fees not fully refunded, the Official or Employee shall attach a written explanation to the Travel Reimbursement Request form addressing the reason(s) the Official or Employee was unable to attend. Miscellaneous All items of expense otherwise unclassified shall be considered in this category. Examples of such expenses which may be authorized are public stenographer fees, duplicating expenses, memberships in professional City -related organizations, and the cost of publications of value to the City or to the Official or Employee in furtherance of his/her official duties. Other expenses as necessary when traveling on City business may be allowed and should be included within this classification when requesting reimbursement. It is the policy of the City that no Official or Employee shall sustain personal monetary loss as a result of duties performed in the service of the City. However, all expenditures and requests for reimbursement shall logically relate to the conduct of City business and shall be "necessary" to accomplish the purposes of such business and shall be "reasonable" in amount. 6. Procedures for Reimbursement of Travel Expenses Officials and Employees shall submit Expense Reports or forms designated by the Finance Department within 30 days after incurring the expense, and the reports shall be accompanied by the itemized receipts documenting each expense. Receipts are required for all travel expenses paid except for per diem meal distributions. All required receipts and documentation must be submitted with the final Expense Report. Any expense, excluding meals paid by a per diem allowance, not substantiated by the required receipts and documentation, will not be reimbursed and will be considered a personal expense. Required documentation may include, but is not limited to: • Credit card slip and/or cash payment receipt • Hotel receipt • Transportation and other receipt • Mileage Verification • Conference brochure • Meeting agenda • Statement of trip or meeting purpose • Documentation of prior authorization as necessary City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 6 of 7 RESOLUTION NO. 09-77 Exhibit A The reason for the expenses should be clearly documented on the Expense Report or in the attached documents, if not otherwise obvious. Public Trip Meeting Report: In accordance with Government Code Section 53232.3(d), an Elected Official requesting reimbursement shall provide a brief report on meetings attended at the expense of the local Agency at the next regular meeting of the Agency. Routine business meetings may be reported in writing on the consent calendar of the agenda. The report may be made orally or in writing. 7. Advances Requests for advances should be submitted on the Request for Payment -Travel or Cash Advance. The Finance Department requires seven (7) business days to process these requests PRIOR to the date it is needed. Advance requests must be approved by the Department Head or his/her authorized representative. 8. Ethics Training Each Official shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years. The form of such training shall meet the requirements of California Government Code Section 53234 et seq 9. Violation of This Policy Pursuant to California Government Code Section 53232.4 misuse of public resources or falsifying expense reports in violation of this policy, may result in any or all of the following: a. Loss of reimbursement privileges; b. A demand for restitution to the City: c. The City's reporting the expenses as income, paid to the Official or Employee, to state and federal tax authorities; d. Civil penalties of up to $1,000.00 per day and three times the value of the resources used; and e. Prosecution for misuse of public resources, pursuant to Section 424 of the California Penal Code City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 7 of 7