HomeMy WebLinkAboutCC RES 09-78RESOLUTION NO. 09-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADOPTING AN EXPENSE REIMBURSEMENT POLICY FOR
LOCAL MEETINGS/EVENTS ATTENDANCE 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 local
meetings/events expense reimbursement policy that has been prepared and follows the
guidelines of AB 1234 (codified as California Government Code Section 53232); and
WHEREAS, the local meetings/events expense reimbursement policy is attached
hereto and made a part hereof marked as Exhibit A, which guidelines establish
reimbursement for allowable 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 Expense
Reimbursement Policy for Local Meetings/Events Attendance 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, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEG L, I'�R (gR
ATTEST:
H LLE D. KLASSE. , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 09-78 Exhibit A
City of Palm Desert
Expense Reimbursement for Local Meetings/Events Attendance
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 Section
53232 et seq. for attendance by Officials and Employees at local meetings and
events. It includes, but is not limited to tickets as gifts for meetings/events,
business meals, employee functions, 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 local meetings and events 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
City of Palm Desert November 12, 2009
Expense Reimbursement for Local Meetings and Events Page 1 of 6
RESOLUTION NO. 09-78 Exhibit A
• Employee — an individual employed directly and solely by the City, excluding
independent contractors, subcontractors, and other persons performing work on
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 associated with local
meetings or events. 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 at Local Meetings
Government Code Section 53232.2(b) requires the City specify the types of
occurrences that qualify an Official or Employee to receive reimbursement of expenses
relating to travel, meals, 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 at local meetings or
events. 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.
• Attendance at meetings/events with government and business leaders (e.g.
Coachella Valley Association of Governments, the Palm Desert Chamber of
Commerce, and the Building Industry Association)
• Attendance at meetings/events hosted by non-profit 501(c)(3) organizations
(e.g. Boys and Girls Club of the Coachella Valley, Palm Desert Sister Cities
Foundation, and the United Way of the Desert)
• Attendance at meetings/events associated with professional organizations
(e.g. International City/County Management Association, California Society of
Municipal Finance Officers, and the City Clerk's Association of California).
Examples of expenses that the City shall not reimburse include, but are not limited to:
• The personal portion of any local travel
• Family expenses, (e.g. children or pet -related expenses)
• Political or religious contributions
City of Palm Desert November 12, 2009
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RESOLUTION NO. 09-78 Exhibit A
• Non -mileage personal automobile expenses including repairs, insurance, and
traffic citations
• Personal losses incurred while on City business
• Meals purchased by Officials or employees when, at the same time, a breakfast,
lunch, or dinner is provided as part of the meeting or event participation cost.
4. City Payment for Expenses- Companions
The City will not provide any reimbursements for any companion accompanying an
Official or Employee to a local meeting or event, unless it is hosted by the City. Any
other related expenses for companions shall be paid by the Official or Employee.
5. Transportation, Meals and Other Reimbursement
Private Automobile
Officials and Employees will be reimbursed for actual mileage for the use of their private
cars in travel to and from local meetings or events. 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.gooale.com or
www.maccuest.Com and submit 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.
Use of City -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.
Taxi and Transit Fare
Local 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.
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RESOLUTION NO. 09-78 Exhibit A
General Business Meals
Officials and Employees who, during the normal course of performing their duties, must
provide meals for representatives of other governmental agencies or other persons
doing business with the City, in order to most effectively execute their responsibilities,
must use prudent judgment and are subject to challenge for excessive amounts. In
such cases, the meal must be documented with a description of the purpose of the
meal(s), including an explanation of its necessity to the City; and a list of all persons,
including other Officials and Employees who were in attendance, specifying their
organization and/or title. Expenses for persons not related to the conduct of City
business shall be deducted from the Expense Report form.
Tips and Gratuities
Reasonable expenses for tips are allowable for general business meals and
transportation purposes (i.e. taxi), with a receipt, not to exceed 20% of the allowable
charge.
Registration Fees
Local meeting or event registration fees qualify for reimbursement. The City will pre -pay
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.
No Shows and Late Cancellation
This section addresses situations where an Official or Employee fails to attend a local
meeting or event, after incurring expenses for that function. If an Official or Employee is
unable to attend a local meeting or event, 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 Expense Report form
addressing the reason(s) the Official or Employee was unable to attend.
Distribution of Multiple Tickets/Passes for Events
The City of Palm Desert may receive multiple tickets/passes to attend a local event. In
such occurrences, the City Manager may elect to distribute the tickets/passes to
Officials or Employees, pursuant to the requirements as established in City Resolution
No. 09-17.
Miscellaneous
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.
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RESOLUTION NO. 09-78 Exhibit A
6. Procedures for Reimbursement of 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 expenses paid. Documentation is required to substantiate attendance
and mileage. All required receipts and documentation must be submitted with the final
Expense Report. Any expense 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
• Transportation and other receipt
• Mileage Verification
• Meeting/event brochure or agenda
• Statement of trip or meeting purpose
• Other attendees at a meal or meeting,
• Documentation of prior authorization as necessary
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 any local meeting or event
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.
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RESOLUTION NO. 09-78 Exhibit A
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
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