Loading...
HomeMy WebLinkAboutRes 08-101 Establish Policy Reimbursement of Expenses for Official City Business CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consider and approve Resolution establishing policy for reimbursement of expenses fo fficial City business �a SUBMITTED BY: David J. Erwin, City Attorney i���y�,:�����.� _ � DATE: November20, 2008 ��'�s"t��}-� =W�,�a - � PASSEa i 0 2a�td3 F�',�gtr'�� ' CONTENTS: Resolution No. 08-10�A Resolution of the City Council o City of Palm Desert, California, amending Resolution No. 7-72 and Resolution No. 02-8 Adopting Travel Expense Guidelines for City Representatives, Officials and Employees Recommendation: Pass to Resolution No. 08-101. Background: Council in the past has considered and approved various elements of the City policy dealing with reimbursements of expenses for attendance on official City business. The policy attached to the Resolution is intended to cover all elements of such reimbursement. The policy was previously submitted to Executive Management Team as well as the City Council for review, comment and/or modification. Suggested modifications are contained in the policy attached to the Resolution. I am available for any questions the Council may have. Submitted by: Da id J. rwin RMBUS�DERW IN\303026.1 RESOLUTION NO. os-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING RESOLUTION 0772 AND RESOLUTION NUMBER 02-8 ADOPTING TRAVEL EXPENSE GUIDELINES FOR CITY REPRESENTATIVES, OFFICIALS AND EMPLOYEES. WHEREAS, the City of Palm Desert City Council wishes to adopt updated travel expense guidelines which have been prepared; and WHEREAS, travel expense guidelines are 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, the City Council for the City of Palm Desert, California does hereby adopt the travel and expese guidelines attached hereto marked Exhibit A. ADOPTED, SIGNED AND APPROVED this day of , 2008. AYES: NOES: ABSENT: By: Jean Benson, Mayor ATTEST: By: Rachelle Klassen, City Clerk RMBUS\DERWIN\301927.I j Resolution No. 08-101 City of Palm Desert Expense Reimbursement for Official City Business By Elected or Appointed Officials And City Employees PURPOSE The purpose of this policy is to 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, employee functions, and other related expenditures incurred while conducting City business, and 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 behalf of the City but self-employed or employed by other persons, corporations or entities City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 1 of 8 Resolution No. 08-101 • 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. • 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, when request is presented to Council in an open meeting � 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 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 • 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 City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 2 of 8 Resolution No. 08-101 • Political, religious or charitable contributions • Non-mileage personal automobile expenses including repairs, insurance and traffic citations • Personal losses incurred while on City business • Individual meal costs if a group breakfast, luncheon, or dinner was provided at the same time as the individual meal • Valet or other special services, including fitness center charges 4. City Payment for Expenses Consistent with its Charter, the City of Palm Desert recognizes the constructive value of professional conferences, seminars, meetings and training and recognizes that occasionally an Official or Employee may find it necessary, or advantageous, to be accompanied by a traveling companion. When request is approved by Council in advance in an open meeting, a traveling companion shall be entitled to payment for reasonable expenses associated with travel, meals, lodging, and other actual and necessary expenses associated with attending such events in a manner and in the amounts as set forth in this policy. The amount paid for travel and meal expenses of a traveling companion accompanying an Official would be subjected to income and employment tax withholding. Functions for which this section applies are: a. Dinner Meetings of the Riverside County Division of the League of California Cities b. League of California Cities Annual Conference (summer and winter) c. Dinner Meetings of the California Contract Cities Association d. Dinner Meetings of the Coachella Valley Association of Governments e. Such other civic or governmental functions as may be specifically recommended by the City Manager and approved in advance by the City Council Officials and Employees may be reimbursed for expenses associated with travel, meals, lodging and other actual and necessary expenses associated with attending and participating in charitable, cultural and other social events where a benefit to the City can be determined and when approved by the City Manager or City Council in advance. 5. Transportation, Meals and Other Reimbursement Airline Travel All Officials and Employees shall utilize coach or tourist class accommodations when traveling within the continental United States by commercial airline. Reservations, City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 3 of 8 Resolution No. 08-101 where possible, should be made at least 14 days in advance to take advantage of available discounts. Increased fees related to late booking may be disallowed without a sound business reason. Travel should be arranged through a travel agent or internet provider, charged on a City credit card or, when necessary, 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. 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. 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. Garaqe and Parkinq 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. When vehicle rental is chosen over taxi or shuttle service, there should be a business reason or economic benefit to support the rental decision. 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. City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 4 of 8 Resolution No. 08-101 EXhlblt A City of Palm Desert Expense Reimbursement for Official City Business By Elected or Appointed Officials And City Employees PURPOSE The purpose of this policy is to 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, employee functions, and other related expenditures incurred while conducting City business, and 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 behalf of the City but self-employed or employed by other persons, corporations or entities City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 1 of 8 Resolution No. 08-101 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. Lod in Expenses will be allowed for adequate lodging. Price is an issue in selecting "adequate lodging". Prudence and good stewardship should be used when selecting a hotel. Itemized receipts for lodging must be provided to obtain reimbursement. Lodging in connection with a conference or event held in a hotel qualifies as adequate lodging for purposes of this Policy. However, if lodging at the event hotel is not available, lodging is then limited to the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available at the time booking. If the group rate is not available, the Official and Employee shall use comparable lodging that is consistent with the requirements of this Policy. Lodging expenses are limited to the cost of the room plus related taxes and will be reimbursed after the stay. Advance room deposits may be made directly to the hotel. However, in such instances, the advance deposit MUST appear on the Travel Reimbursement Request form as such. Personal expenses incurred at the hotel, such as movies and laundry, are not reimbursable. Local lodging, defined as within 75miles from City Hall, will not be reimbursed. Out of Town Meals Reasonable and customary expenses for meals are authorized for Officials or Employees as required to conduct official City duties. Officials and Employees traveling on City business shall be entitled to reimbursement of expenses incurred for necessary meals not to exceed breakfast, lunch and dinner in any one day and only for the duration of the travel. Alcohol will not be reimbursed for Officials or Employees. When attending conferences or other organized educational activities of two (2) or more days where a meal(s) is provided, Official and Employees shall not be reimbursed for any additional meal expenses incurred in conjunction with the hosted meal(s). Local Meals Reimbursement of lunch expenses for one-day seminars are considered income and will be subject to income and employment tax withholding. City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 5 of 8 Resolution No. 08-101 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. 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 Travel Reimbursement Request. Tips and Gratuities Reasonable expenses for tips are allowable for meals (as limited above), and transportation purposes, with or without a receipt, not to exceed 20% of the allowable charge. Reasonable tips for hotel housekeeping and porters are allowed. Reqistration 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. Telephone. Internet Access Usage and Fax 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. Internet access usage fee will be reimbursed up to the amount of $30.00 per day. 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 City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 6 of 8 Resolution No. 08-101 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 unctassified 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. Required documentation may include, but is not limited to: • Credit card slip and/or cash payment receipt • Hotel receipt • Transportation and other receipt • Conference brochure • Meeting 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. City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 7 of 8 Resolution No. 08-101 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. Such approval will constitute not only approval as to reasonableness of amount, but also verification that such travel will be for official City business 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 Use 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 to the Official 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, 3) prosecution for misuse of public resources. City of Palm Desert November 2008 Expense Reimbursement for Official City Business Page 8 of 8