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Home My WebLink AboutRes No. 09-77 - Travel Xpnse Reimbursement CITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: RESOLUTION NO. 09-77 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION N0.08-101, RESOLUTION NO. 07-72, AND RESOLUTION NO. 02-8, ADOPTING A TRAVEL EXPENSE REIMBURSEMENT POLICY FOR OFFICIAL CITY BUSINESS BY ELECTED/APPOINTED OFFICIALS AND CITY EMPLOYEES. SUBMITTED BY: John M. Wohlmuth, City Manager DATE: November 12, 2009 CONTENTS: Resolution No. 09- 77 2009 City of Palm Desert Travel Expense Policy (Redline Version) 2008 City of Palm Desert Travel Expense Guidelines (Resolution 08-101) 2007 City of Palm Desert Travel Expense Guidelines (Resolution 07-72) 2002 City of Palm Desert Travel Policy Guidelines (Resolution 02-8) Attorney General Opinion No. 91-720 (1992) Current Federal Government Per Diem Rate Tables (California) Government Code Section 53232 Recommendation Waive further reading and adopt. Executive Summary The subject resolution signifies adopting a revised Palm Desert Travel Expense Reimbursement Policy for Official City Business by Elected/Appointed Officials and City Employees. This revised policy follows the guidelines and underlying intent of AB 1234, instilling certain requirements and restrictions on the City's practices concerning such reimbursement. This resolution also signifies a noteworthy shift in policy, as the City would employ a per diem distribution method for lodging and meal reimbursement. Staff recommends approval of subject resolution to provide greater transparency and control of future travel related expenditures. Backqround Resolution 08-101 was approved by the City Council in December, 2008. This Resolution was a comprehensive overhaul of Resolution 02-8 (February 2002) relating to the City of Palm Desert's Travel Policy. A minor amendment to the Travel Policy was also approved in 2007, which primarily dealt with "travel companions". The Travel Policy has recently undergone scrutiny and was brought before the City Council for discussion on October 22, 2009. Staff Report Resolution No. 09-�-Travel Expense Policy November 12, 2009 Page 2 of 3 AB 1234 (codified as California Government Code Section 53232) contains certain requirements and restrictions on local agency practices relating to reimbursing local elected and appointed officials' expenses. The Council subsequently directed staff to return with two travel policies for consideration; one policy sanctioning reimbursement of "travel companions" for attendance at certain events and another prohibiting such action. Both policies were requested to comply with the requirements of AB 1234 and State law as related to travel reimbursement. Upon further research, staff is of the opinion that approval of travel and incidental expenses incurred by a traveling companion of a City official or employee would be a violation of State Law. Such approval would also contradict the intent of AB 1234. The California Attorney General has twice opined the expenses of spouses who accompany public officials in the conduct of their public duties cannot be reimbursed. One such Attorney General Opinion relating to this matter is attached to the staff report (i.e., Attorney General Opinion No. 91-720; 1992). Therefore, staff does not recommend permitting such costs in the current Travel Policy and did not present this option for the City Council's consideration. The attached proposed 2009 City of Palm Desert Travel Expense Guidelines is both redlined and highlighted, to clearly convey where modifications were made to the 2008 Travel Expense Guidelines (approved under Resolution No. 08-101). Noteworthy differences between the proposed and existing City travel policies, which follow Council's direction, include: 1. The revised Travel Policy incorporates a per diem funding model for meals and lodging reimbursement, while the existing policy does not; and 2. The revised travel policy prohibits reimbursements for any traveling companion accompanying an Official or Employee, while the existing policy authorizes travel companion reimbursement for certain events; and 3. Both current and existing travel policies authorize reimbursement at the published group lodging rate, for officials and employees who attended conferences or organized educational activity. However, if the group rate is not available, the revised policy will reimburse up to the established GSA M&IE geographic per diem rate for nearby lodging. The current policy permits comparable lodging consistent with its requirements. 4. Any travel associated with the following non-exclusive categories and expenses now requires prior approval by the City Council in an open meeting: a. Meetings with government and business leaders b. Conferences, training and educational trips on behalf of the City, including visiting other governments to discuss and observe best practices c. Lobbying trips, when a benefit to the City can be defined, such must be reported to the State quarterly d. Business-related trips where a benefit to the City can be defined e. City business-related reading and educational materials and organizational memberships Staff Report Resolution No. 09- �7 -Travel Expense Policy November 12, 2009 Page3of3 In conclusion, a charter city may argue that expense reimbursement falls under the category of "compensation" and that it has plenary authority excluding them from state regulation. Conversely, employing good fiscal management practices makes voluntary adoption of AB 1234 into a municipality's expense reimbursement poficy advisable. Therefore, staff recommends approval of Resolution No. 09-77 adopting a revised Travel Expense Reimbursement Policy for the City of Palm Desert, incorporating the aforementioned modifications. Fiscal Analvsis There is no immediate fiscal impact with the adoption of the subject resolution. However, approving a travel policy that reimburses meals and lodging based upon a per diem distribution method, permits greater transparency and control of future City of Palm Desert travel related expenditures. Submitted By: CiTY COUNCILA�TION --______�__ pPPROVED � DENiED �� ' �fl��I1 "-" OTHE � fl� ---�"��.,vv. v 9-77 �s a.�,��.�� St hen Y. Aryan, Assistant to tJ�e City Manage�VIEETING DATE ��' ��'� / AYES: ��?�'r.��.�`'�i�r��r�.._�...�!�'��.�:c�.. � NOES: ABSENT: _ � P _.�. .....� . ._ ,.�.__.. AI3STAIN: � �- Paul S. Gibson, Director of Finance VF,RIFIED BY: �K nJ�� .—.�.__._,......---.— Original on File with City Clerk's Office * Adopted Res. No. 09-77, as amended to include Approval: that travel within the State of California to be approved by the City Manager, subject to budget /� � �. availability for same. 5-0 L'�C. J M. Wohlmuth, City Manager CITY OF PALM DESERT OFFICE OF THE CITY ATTORNEY STAFF REPORT REQUEST: Consider as an alternative to Staff Report for Travel Expense Reimbursement, a potential substitution of Paragraph 4 allowing reimbursement of expenses for companions. SUBMITTED BY: David J. Erwin, City Attorney DATE: November 12, 2009 As an alternate as requested by Council, for consideration, reimbursement for companions attending meetings involving travel and lodging, a substitute Paragraph 4 is suggested. Palm Desert as a Charter City may provide for reimbursement of companions attending functions. This reimbursement falls under the category of"compensation" over which Charter Cities have full authority to the exclusion of state regulation pursuant to the California Constitution, Article XI, Section 5; County of Sonoma v. Commission of State Mandates, 84 Ca1.App.4th 124 (2000). Additionally opinion of the Attorney General OP 02-71 l, October 23, 2002 makes a clear distinction between general law cities and charter cities in the expenditure of funds. Should the Council decide to use this alternative, Paragraph 4 in the Resolution would be changed to the following: "4. City Payment of Expenses. Consistent with the Charter, the City of Palm Desert recognizes the constructive value of conferences, seminars, meetings, training, charitable, cultural and other social events and recognizes that occasionally an official or employee may find it necessary and advantageous to be accompanied by a companion. When request is approved by the Council in advance in an open meeting, traveling companion for Council members shall be entitled to payment or reimbursement of reasonable expenses associated with travel, lodging and other actual and necessary expenses associated with attending such events in the manner set forth in this policy. The amount paid for travel, lodging, meal and other expenses of the traveling companion accompanying an official would be subject to income and employment tax withholding. Employees may be reimbursed for expenses associated with the meetings and other actual and necessary expenses attending and participating when approved by the City Manager in advance." RMBUSIDER WIN\311543.1 RESOLUTION 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 12t" day of November, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Resolution No. 09-� Exhlbit 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 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 • Political, religious or charitable contributions City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 2 of 7 Resolution No. 09-� Exhibit A • 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.qooqle.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. 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. City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 3 of 7 Resolution No. 09- 77 Exhibit A Garage 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. 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. Lodqinq & 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.qov 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 less than the geographic per diem 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. City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 4 of 7 Resolution No. 09-77 Exhibit A Conferences/Meetinqs 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 ineal 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. 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. 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. 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 City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 5 of 7 Resolution No. 09- 77 Exhibit A 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 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 12, 2009 Travel Expense Reimbursement for Official City Business Page 6 of 7 Resolution No. 09- 77 Exhibit A Public Trip Meetinq 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 =:�; , � ��ILN'II'��T�T I�T�o��. A ��S��J��O� ��' TIi� CY'Il'3I �O�JI�TC� �I+, 'Il'� �I� ��' � DE�EItT �I�TDI�� I�,�OLIJT�OI�1 07�2 A1�11) IZ�30I.IJ1'�OI� 1�T[T11�E� 02-� �DOPTI�TG 'I'�.�rEL E�EI�TSE GiJIDELII�E� Il�Ol� �ITY ��1`A�.e��l`V��Il 1 d��y �J.`�H�gL��..d�L�L�1��1�'��L��1�e WHEREAS, the City of Palm Desert City Coun.cil wishes to adopt updated travel ex ens guidelines which have been prepared; and P e WHEREAS, lxavel expense guidelines are attached hereto and made a part hereof marked as Exhibit A which guidelines establish reimbursement for allowable expenses for civi governmental functions attended by City representatives. C and NOW THEREFORE, the City Council for the City of Pa1m Desert, California does hereb adopt the travel and expese guidelines atta.ched hereto marked Exhibit A. y ADOPTED, SIGNED AND APPROUED this l lth_day of December — , 2008. — AYES: BENSON, FERGIISON, xffi.LYa ai��i SPIEGBL NOES: �p� ABSEIVT: F��q � �BSTAIN: N� . — �Y� � �.,�� • �� BOBBRT A. SPIEG -�- 4c ATTEST: . , By: . . --:- _ -=- _=_ ___-- -_- -_ --- --_=- _ �__ - sEl�;=cITY—CI.ERif-- CITY OF PALi�i DBSEBT, CALIgpRpIA P.h�iBU5\DEP.1Witd1301927.1 _ , R��I�1��1�N �i0.��=10'6 � � �XF�1�1`P e�a City of Palrrt D�s�r� - �xpen�� R�irnbcrrsernent for Official City �usines� �y Electecl or Appointed Officials � And City Employe�s � PURPOSE The purpose of this policy is to define and ciarify 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_accor �n��with�oar�r-n�nen#-Gede�eefiion-532�2:2(f),-�Il 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 poticy, the following definitions will be used: � � • Elected Officials-those individuals elected to the City Council � � • Appointed Officials - members of all P�Im 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 � �ry� ppgry� ppp� �yF 6��@�l9 tl��6� 6F7�e��9�� di691�'tl � ' . � � Reimbursable exp�nse - �ity b�a�iness expenses ir�c�rred and paid for by OfFi�ials and Employees 2a 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 @xpenses Incurred in Officiai 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. j • 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 req"uest is presented to Council in an open meeting � • Lobbying trips, when a benefit to the City can be defined, such must be reporte�" to the State quarterly � • Business-related trips where a benefit to tMe 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 � � � -' � ��6��'I�R! N�a 0�=�eio7 � �X�II�IT A � � �olitical, religious or charitable c�nt�ibutions • Non�mileage personal autorrrobile expenses including repairs, insurance and traffic citations • Personai 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 guest. When request is approved by Council in advance in an open meeting, a guest shall be entitled to payment for reasonable expenses associated with travel, meais, lodging, and other actual and necessary expenses associated with attending such evenfs in a manner and in the amounts as set forth in this policy. The amount paid for travel and meal expenses of a guest accompanying an Officiai would be subjected to income and employment tax withholding. Officials and Employees may be reimbursed for expenses associated with travel, meals, --- ---lodging—afld—otqer--actaai—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. The City Manager shall be the approving authority for employees and the City Council shall be the approving authority for Councilmembers and members of all City committees and commissions. The following functions are considered pre-approved for Elected and Appointed Officials and do not require additional approval: � a. Dinner Meetings of the Riverside County Division of the League of California Cities . b. League of California Cities Annual Con#erence (summer and winter) c. Dinner Meetings of the California Contract Cities Association d. Dinner Meetings of the Coachella Valley Association of Governments Charitable, cultural, civic and other social events in the Coachella Valley. __- _---_ -- - ----_ ----_- : _ --_--_ _ --- _----- --_ --- . 5. Transportation, Meals and Other Reimbursement � Airline Travel All Officials and Employees shall utilize coach or tourist class accommodations when traveling by commercial airiine. Reservations, where possible, should be made at least City of Palm Desert November 2008 Expense Reimbursement for Official City�usiness Page 3 of 8 ��I�� V��.O�=1�1 � ��Il�li'e4 ' ' 14 days in �dvanc� to take advantage of available discounts. Increased fees related to late booking may be disallov�ed without a sound business reason. "fravel 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 wiil be at the current Internal Revenue Service rate. O�cials 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 Parking 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_benefi# to_�uppart_�#he-rental-decisior�:--1f 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. City of Palm Desert November 2008 Expense Reimbursement foP O�ci�l Gity�usiness Page 4 of 8 . , " . F��9`�I�N N�e 0�=90� �XF�E�I`��4 � Lodqinq - Expenses will be allowed for adequate lodging. Price is an issue in �electing "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 conferer�ce 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 acti�ity sponsor, pr-avided-th�at-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 hotef. 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 75 miles from City Hall, will not be reimbursed. r Out of Town Meals Reasonable and customary expenses for meals are authorized for Oificiais or Employees as required to conduct official City duties. Officiais 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 finro (2) or more � days where a meal(s) is provided, Official and Employees shall not be reimbursed fo� 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. _ _--- - _ __ _ _ ,__, -- ------_ _ --- -_ - __ -___=u -o -State Travel - - Out of state travel must be authorized by City Council in an open meeting prior to the trip or disbursement of advances. City of Palm Desert November 2008 Expense Reimburs�ment for O�cial City Bu�iness Page 5 of 8 ,. ��@�!�`PI�PEi h9�. ��9�9 � �Xi�1�IT A ` �enera�l �u�ines� tVieals Officials and Ernployees who, during the normai course of perForming their duties, must provide meals for representatives of other governmentai agencies or other persons doing business with the City in order to most effectively execute their responsibiliti�s 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 aliowable 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 r�istration - ------- ----- ---- - - is not-possible�a receipt-or registra�ion�'orm 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 UsaQe and Fax , Telephone, internet access usage and fax expenses may be incurred only to conduct City business. Up to two (2) daily telephone calis to an Officiai or Employee's family for ' a reasonable duration will be reimbursed by the City. Internet access usage fee wiff bs•� 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 m� inciude conference fees, pre�a_i_d_hQtsl cnar�e_s,=aad_ airlinE_char�es. �If - - - - --- — --- ---- _ -- an Officiaror Employee is unabie 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. City af Palm Desert November 2008 Expense Reimbursem�nt for Official City�usiness Page 6 of 8 � :, r_ • ��5��4�`PI�(V 6��e 0�=10`d �3t�11�IT e� � Niiscellaneous All items of expense otherwise unclassi�ed 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 shali 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 nox_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. -----Public�'ria.Meetina=Renort�---_--- _ .---- --= ___-- - _ __ - 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 City of Palm Desert November 2008 Expense Reimburs�m�nt for Official City Business Page 7 of� � E ' ��,1�`�I��! ��o ��=9�1 ��E�I�IT A . busines� r�eetings rnay be repor�ed i� w�iting on the co�sent calendar of the agenda. `The report may be made o�ally.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 request� P_f�IOR 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 �uch 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 �ublic � resources. v. City of Palm Desert IVovember 2008 Expense R�imbur�ement for Official City�usiness Page�of 8 . f �. ��S�Ll1'�IC�►N N�. d� a R��oLUTloN i�F �tH� �tt�r C�UN�IL �� TH� cl1'� o� �ALI� b��ER�, . ��.i��RN1A, A1V1�fV[�fN� RE��LUTI6N NO. d2-8 AbopTl�Vt� 1'�AV�L �Xp�N5� �UIb�Ll1��5 �AR �I'rl°13�pR��IVTAtIV�� WHE�i�A5,the City Qf P�Im d�sert City Council wlshes fo �mend TrgvE! �xpense ��id�lines submi#Eed by the ��r,ance Dire�tor on ��bruary 14, 2tJOz; �hd _ 1tVW�ii�AS, the Tr�vel �xpense Guidetines have been prepa�ed fnr the �ity vf P�Im bes�rt (�ft�ct�ed hereto �nd rrtade a part her�eof as Exhibit"A"}; artd WH�EtEAS, the purpose af the 1`r�vet �xpense Guidelines �s to �stablish reimbursement �f �Ilowable expense6 fot confer�nCe �r�d fun�t�on attenrl�nce by City represer�fatives; �hd 11VN�R�AS. the City At�t�rn�y h�� r�viewred �nd �pproved the travel Expense Gu�delines a� subrnitted. NOW.�'HEIiE�O�tE,t�lE It R�St'jLVEd by the City CoUnGil of the C�ty of p�lm Desert,Galifarnia, th�t 7r�vel �xp�nse Guidefir,es (Exh�bif"A") �r@ h�r�by amend�d as follows; - Citv p�vmen�fvt�xaens�g __ _ � Consistent with its CMarter, th, e City of Pglrr� Deser# recogni2�s the cur�stru�tive value of pro�'ession�l cohferences, Sern;n��, �,s��ngs, and training �rnd prav�des travpl funds for CiEy affiCiats and, at their el��tidn, �travefing compant�n. Clty Cour�cil Members and th@ir traveling camp�nidn sh�fl be enfitl�d to payment for their rea�sor�gble expenseg �ssociated with travef, , meals,fodging,and ather actual ar�d necessary expenses�ssoc�ated with g�tendtng SUGh events �h a mgnner �nd in the amouhts as set fnr�h in thls poUcy. this policy shatl �p�ly wtyere City Council Members act as IVlembers di th� City CnUncil, FZedeveltiprnent Agen�y, �nd Hausing� Authority, and any vthe�legal entity. - ' -�: FuRCtlons for wtrt�h �hls ge�lpn aDalie� are CiV�C �nd GOVernmentS) �vent�. ' - pASSEb,APPROVEb,dND�AbOp�'�C!by the City`Coun�il af the city of►�alm Oesert, Caltfomi�, at its regular rneeting held on the 7�,�ay a�p�aber, 20a7, by the followfng vote, to wit: � AYES: BENSON, �ERGUSON� and �tNEfttY NOES: SpIEGEL attd KELLY _-- ----_ _ _-- ------- _ - --—----- _- , __ _ _: _ __-- _-- S N�':--=-1�tO�E'--_---__ . A�STAIN: NONL , C Rb . LL , YOR AT"�EST: � ,. � �!. � C1. S� . iTf Cl�� <.� ��1�'�� l�A�#� ��'. ��E��!!�a " ��L�`�I�N Id�. ��7� ' � � � 1 _ � �� t . d o a , — -_ �'�1�°�4. � 1"I�.V��.�P'�t0��;�Lrti'J�L1�S �,awA�t��ts�s � �cs11n�►ring�y�it�ar/tanEere��11 ttrigiu�al,det�.s'lec�xeceipt�will�teed ta bp �ubrnii�d to gin�rtce fnr r�m�t�rs�utertt �xp��s mvst be relat�d tn the �etninar/cor►�et�nc�ar.d tttust be re�sonabl.e. Gu�d�lir�are as fovvw�: ��ala: R�a.mbut��m�nt of expcn��fo�one-riay s�mins�rs wil�b� cv�pensated as is�,pl�priat�i�r th�duratEan of�ame. Setr�inars tastin�two d�ys or more,br��kf�s� tuhch ar►d dirm@r w;il be allawed. I)�f�iled teceipts�re r�qui�ed'�or re�tbur��rn�tt {�l,Cn�►ol is fi�t�r�imbur6abl�e�se�. �nployees�re or�ly reitnburs�d fc�r�he portion nE the t�ceipt wlveh appli�s to�tem. �'acpe�ses EEut afi�+Canference rel�ted gttesf�must be pr�-�pproverl bY Y��Pa�trn�n�t�ead. Tips: �'i.ps in exc�s,s af ZU9b wil4 be kh�respas�.sib�%ty of�lie emplayee. _ -- - - _ ----- _ - --_ _ -- _ - ---�''�t�teL= H�t�1 rec�� rnt�st �subtni4ted for reirnburseat�t of�n.y experis�s,e��eci�I�Y if the hot�f resom wa�s Pr�1',�id bY Ehe City. 1Vlavie ren.tals a�not r�imbursable. T�ee C[ty allciws et�tpfeYy�es Eo stay*th�rtigh4 before th�semtnar starfs�.tid�e ty.ight�th� seminat e�ttds,if reece�sary,du�± Eo Ehe earlistess/lai�ess o�the serrtix�ar/cvrtfer�.i.ce. Af�fare: �imilar Eo t�gistratidn fees,g�fare shbuld be paid d�rextly by th�._ . � City aF P�1m besert. Airfgte will 1�r�irrtbursed for the eqai.va�tetit `° nf cn�r.h�ix[�re. You�1y ts.��any trav�!�gent ar irtt�rnet s�r�rice . - � #o�urc�iase your 13cket_ I�you�as�the t.��gue of Cali�arr3a Cities - �.irUne pass,yo�x ma�us�An�elop�Trav�1 Setvic�w}��ch�Cnvws how to process EheS�SvuEhw�st airtir►e tzelce�at a$20 servi�e fe�. Parking Fees: t�axkit�g.fees are reimburs�b�le w��p�r�oit�l or ci�jr vehicle is __used�nrhile aitenc�i�.g� canfer�rice�seminar. _ _ -__-_- -_ M�lea,�� Miieag�is r�imbursable i�r persanal v�hiti�usage�t�rate of $.345Jmile. lv�lea$�is calcutated by the lesser of�t�C�vi�Cet�.ter to cnnfer�nce desti��t�on vr ernploy�`s horrt�to cvnference desl�r�aiion_ Mil�ag�vvili otY1y be reimbursed at a r�t�equ�.E to 4hak . � t � . ��I�� . �� ` i . ' �. .. • ` � .� r3�stina�ic►n. Mi�ea�will dttiy be reimbuYs�d�tt a r�te�q�at tc►�f of�Itert��ti��t��a�t�port�EiArt. (�.e. �y��h�o�e k,c#rlv� tcs 5a�r�mme��o it�e�ad of flying,th�rr�aximittn mi�ea� �i.r�.b�rsemestt y��r��elve is ecjttat tx�tha4 af�he�irf�re pl�s ��1 car/�t�xi). i�e cit�r ar r�r��1 va�c1��,�,s recei,pts�i �e nec�s�ry fdr reur�.burrem�nt. A.11 m�1�is v��ied by th� F;nance ti�p�rbn.�.�n.t using M�pquest.cdm. � Phdn� AIl busine�s rel�ted pha�.e catls are reimbursable(ir►ctt�d�tg dne re�sonably brief(10 m��.ut�s dr l�s),r�vri-e�nerger�cy,per6Qna�c�tt . home p�r d�y,i�d�si�ed). RegfBtra�o� l��istrati�n gha�uld�e p�i.d.c�ir�c�ly by t��ity prfor t��he conEerer�ce/setnirt�r de�dlir�p. (1'hfs da�s not includ�cat�eg�//oant�nued educ�t�n c�st�work whidi fs pafd d�r�cEty�y fFte err�ptvyee crnd E�i¢�a uqan�mp2etidn�td p�ssing fhe ca�ztrse, the City r�irnb�tr�es�he �mpt�,�e-? __ _ . �'e��g: �1rty rJ.ass/2irensing course.whir�t i�vd2ves�testit��n.ust be p�Zd by the en�.p�layep and r�,rill be re�m�rursed 4d t�te ernplop�e a�r lrt.�/shp prov�des ptiuuf of having pasged'�he e�for�e cla�/lieet�ing . ca��. PruaE vl�pa�rm�f and t,e�ti score must b�attach�d to the r�it�tlnrrs�m�ret reqt�e�st_ - . M�sc,�tlan¢torts: Miscellaneov�p,cp�r�eg whith�re te�snbursable i.nctude: - _.� v _ i. r�f�ttce materi�l,s, � �� - ii. xero�aphic ur tYpewr.�tir�g�e�rices iri. x�ctt�l of offfr�m.achines in connectlon wlth F�Paration of oFfi..rta�.r�ports o�r conEsprrt�denc� iv. pur��ha.ge oF inaterria]s attd st2pplies,�►rhet�►nurmal pu�chasing praced.ures cannat b��ollowed:and v. rential_o�a=room_r�r,at�er-fac4li�y fvr-t�tra3�sactivn of -- == -= -=__ : -- _— __- - -- v�d�t b�ts� Utt occasiatt f.l�ete�re sp��al t�turnstances ir�w�r.h a�,ersor wt�I iae reitnbv.rse�for i#ert�s not�lvderl gbuve. In such c�,ea�h expense witl tce�cl to b�app�ved t�the Dep�rtcnprrt�Iead p�,ar E� tC�t'R�i��f�flri. 2 ��l�`�I�RI ��. a�=�� r ' ; � ) � � , . e e ,. . i S�L . Tr�v�lers sh�il��ot�t�a�rel�t��d arcc�u.nt For trgvel�.dv�nces b�r stsbmitt�r�g� TravF*1 Exp�n�Vt►ue��t. Yvu ran�c�load the�'acret 7_U v�t��of�the�'t�w�l�xp�n�e Voucher from the jlV:�vee�yyvne d.itiv��n��,e I��twv�k. � O,�'=t�-g.�,�x�TttAv�t _.__ • . All c►tat af g�a.b�lrave�is�]lvw�d i��uthe�rized by City Counci�.pri�r to the trip vr disburs�a�nt txE�dv�cps. � I'��,se at�rlted ba�kup shvwin�ft�.e aut�torixat�drt Eor�he uut r�f state t�p. . cm p�►�-�R S�us� �r�.the int�re�t c�f ob�aini.ng rr�cimum v�lue from c�rt�,in�nctions,��re is merit in �i�rtd�ttce by f1�e s�otts��af d�1e�t�s. J�,such it�t�nt�s, f3�.e City w�11 ppy for the spous�expenses as if he ot she wete a del�ga�e. Pv�irtio.t�.s fdr wh�cxt�iis� e�dr�a�p�ie�,a��. a�) bytuu�r 1Vleptia�s r�f t#ep Ri�e�side Cdutitp bivi�ion o�the Le�gue vf �Iif'crrriia Cid,es. b) ixagtt�d�C�lifvtnia C.i.E�tes At�xiu�l Cot�Eerence(sutnmer and w�t�er), � r) I7it�er M�tings of�te Cali.fc>rhia Cu�►tr�ct Cat3e.s AssorIabvri. d) bis�e�r Meetittgs r�f th�Coacheli��ra��r Assaciaiia�.o�Gcnre�r�m�nts. . e) Such other furCHo�s�s rn�y b�spt�itically t�commended by the City Yvlana�e�t and ap�r�red i.ti�.dv�p_�y�he.�ayor-t�r City Cvut�ciL--- xt�++1E LiMst�oA 5� Mtss�C3N . A Travel8xpc�nse Vaucher must b�subt��i,{{Qd tt�the�inahce Department with�t 10 � ~ days a.�ter c��n.pleEion of Eh�trip unless th�re is r��uxring 1hc�t tr�v�I,ut which cage `. - vat�ct�er,s inay be stxbmi4t�d monthty, . U1R�D AiF('fk.MAY"�� - Th�lr�veler sha,1l pra�vide�!informati.on requested ort�Tra�v�t fixpense Vot�cher, alatig with an expl�nation of uc�usual it�,cdpi�s ef any writtcn autl�orizatinr►s, and �ny other ittform�tior,r�uir�d by the travel of' : : tepat�d-on oNE-rr�v�1 p uY �expeteses for a trip should� — _- ` ense V�c#�et:SuppleMer�Ea]vou�h�s rnay be subsni.ttpd if h.ec�ssa�ry,buti they miist be clesErly m�rked "st�pplett�enEat" �nd musE 6e accomp��tied by a p�ekocopy o�the ori�r�t��vot�rh�r_The Trawel�xp�Voucf�e�rc�cut shnw the �.nc�usive da6es er�the tirnes of deparhtre and retvrn af eacfi trip Eot which allowanc�es are claitned. � ��►��ari��s ��. 0��7� f ' � �. o . , . • e . . �, � ��u�t�n;��ic►N � �t�c�tpt�. �The uY�H�aI vf tge� Ectllb�+virtg i�ertn��tt.�s€is��v.brnitE�ed�ti��t��a�r�1 �� scpet�e�tcn�rher: . (1} S�ctbs�r c�r�.�r's eti�y af#�at�sportati�n tirkefs. (2) ��pt�fttr lt�f iratr�portaf�at°!. 'r, (3) R�ceipt�for taeh misceifaz�►eous exp�nse- ►��4} Reeeipts�or all Iodging, �(5� �e�s�t�p�a#�r�c�fpts to a t�.li ehett vf pap�r ar►d at��h ffc�m to t�e tr�vel vcnic�.er irt the�ame s�uence as 4h�e�tttr�r of their to�Is on tihe vdtfcher. Identi�y ar ele�rly r�ereztce atl�chments.P��se t�d�ccate�h��xehang�raEe vsed fvr each receipt wh�n�pplicabl�. �'1ntG�t�.��,it�c�rs�Tar Av sr_A� � 1r�.e��s wl�ere ori�ir��l�pE�havp beer► los4 or�.te o�herwise unevail�bl�,�tr�,vel�r can s�brni�t a "I3erl�tatinn of M3`iss�Ite�eipt" toCat�rl ah 1��taC�ttnen.t A (�t fhe end c�f th3s poli�r)with hfs/h�r��vel�xp�nse'Vd�tcher i�.place of a missing origir��I reeeipt_ . TIy�ca�npl�ted fcsrm will b��rcept�d�y�hhe Fi�ttic�I7�px�tm�nt as adey.uabe rlacUcr�mtation. �4�s intended 4hat�lte fQrm wil��vs�d vnly in t:nusual sitvatiang - . when eithar�n uri�ix��I receigti i,�unavaiE�bl�or lost. Acc�pt�ce uf�he fvrm is subj�rt tx�the�tequer�ry aE i�use�nd the expl�nation fc�r th��available rp��- ----- -- ---- -- _ _ _ _ �PPftQVAL ANU C�[i�'I�ICATION'dF AVtit �.tft� N�axS `tk►e tr��re�px aad the p�tstrt�+approvirtg p�yment shduld sign t1�e t�rped traval vvucher �i�er the trgvel�r Clgim�tng reixnbutsemext�eviews if.�e vouc��r must be$pptuved€oti paym�nt by f-h.e d�parirnent head ot�person�v whv�r+sttcft authority has been d�.�Eed.,es evid�nrecl b�r a Sigr�hire Au�hori�a�.vn Fvtrn on file wi�the Pinan�e D��artmettE. _ --- - _ _ _ __ _ _ .�.DVANCE CASH CfR CHTsC�C - �� .: R�c�ttests�v�adaarices�houtld be subnutterl on the 12�qu�for pay�r►er►t�'r�vel �r Cash �' - Advance: 7h�.Fir�ance D�pathn�.t requires seven(7)bu�iness days to process fhes� r�quesEs PRIOI�fio the date it i6 need�d. �dv�nre tequests mtist be approv@d b�r ��p��t He�d vr hi�/her authorized represent�Hve.5tirh�pproval wi1� cot�ssbltute ntit�nly �pproval as tv reasonablert�ss vf amoun�b�st�o v�riEi�ativ� th��such travel wilt be fnr affiti�l C�ty busir�,ess. __ _ ____ Hotei:l�nyttme a hatel is reqt��red far s�nar/cdt�€�rence att�nda�ce,the €uIl�eot�f��si,d bed�c shauld be adv�ced to the lZoEel prlor M th�date r,��h��rer�.t Up�M retuxt� [�am�t�.e s�nizrar/a�rence an ori�n�l receipt is reqttiied in ord�r to clear tt�e advanc�. An.y Pxp�nses incurred by t,I�e emp�c►y�e attenciing the ��mir��r/cv�ferpn�shatl not�p�id unHl a r�ce�pt i� pro�+�dpd. � ��O��T�� f�l�. Ol�� ' ° ` ' - � �l •� m . . e p .; . �'��1�: �sh�d�r�nc�s rnay b��k�n 1�y art employ��rivr to�he s�minar/cr�nf��ire order to e��er�ny ex��s they shou�d . fncur. G��ra�ty,ca�h is adv�rtc�i.at a xate ctf$10n.tlQ�dayr utde,ss ot��,°�r#se��.thora�eed b��i7epa��t Head. Up�r�r�trurn h�om the�emitt�t/eort��ttre,� o►ri��ereipts�nust be�.t�ched bo� 7ra�et�xp�nse Fer�n�d�r��utterl to F��ncp in or�er t��lear th� advaxice. A�I receipts are�ttdi�ed and_�ied with the ori�-irt�I advan�r�quest. Any�tiney ir�tna'u�i.�g shaLl be gizr�ta{he �irE�rice 1�eparEmettt fc�r r�e��it�g. Fct�ture�'d C�arAd»uHCes�n a Tfr�r�ly�41'at�trer: Tf nu�st�nd`€ng�,dvanres h�ve not b��n rerover�d tnrithin 30 d�.�s F�om rhe ci��the accour�tir��'or th�trip w�s�u�,�he I�it►attce 'r'eChnid�.ri sh�tli,f1�.th��►bg�nce af ext�t►uat�.ig c�t+�l�ttnstance�, fcnzvard a list of thr�sw wl�a are I�t�to tlze CitiY�vt��'. The C�ky M��a�et'U►ill.det�ttvste wltat�cttates is reqt�ired. fi�.t�rn�l Iie�veri.ue Service{I.12�_}r�qvi�es tt�.t advances be�e�red c�uicki�r . esr risk h�v�all�ri�rat�es tx�:at�d.�s w��s to t�employeecs). I � . �.. ��0��'1��9 ��e d�� + .�-�. . Y � . . .� , . �`t1"A�MlUf�NT A . : �� c�� t��t��t�tt�� t� c�� Y �N s nn�b� v� � ��WAl.F f��"�It1P ��_1�ALIW ��5�l�'� tndivddu�! Re��Ept� c�S5� o�Messe . ln�tr�a idns � �vpy this f�rm as n��d�d. Affach�Fiis cornplefed f�n»ta the tr�vel�xp�ns� Vvucherin pf�ce of� mis�ing e�igit��l r�c�Jpt �rnpt�tg t�his�vrm far mfss�ng A�F�ina!��elp�(s)- �lso, an�y carnpl�te f�e�ppropri�� sec�i�dn th�f�pp/ies tn th�type df payr»en�r�iade. E� - - ; rl�1�t�th�t.� . (Ivame) 7. I disbv�ed person�l monies ort b�hmlf vf tl�e �ity of��tm I�esert as{�llows: (A� t�at�: ------- Amor�nt�id:� V�nd�r IV�m�: Venafar Addr�srs: ��scrfp�idh af l��ynyent- _ _ _ -_ __ (g) DaPe.�---- -. Amount f'ahl:$ V�nofnr lUartte: 1lendor Address_;_,,,_ � Descr�ptfdn of Pay►ne»t. _ --- _ ---- ---- --___ -- - - __. .__-- ---- - - -- a e:_ Antount t�aid: $ � 1/endot N�me: Vendu�Addr�ss: I�escrfiptiv� of payment. ---- - -___------------- ---- 1'dtal _ __ __ __. _ $ 2. The c�r6gitm�t r�cerpt fs not�verl�hle. The�ss�son (i.e, Could hot be abratn�rl. lcsst, etc.�`. Ts �s rollows: , -_ I h�reby certtfy thgt th��bove in�Formation is t�Ue to th� best of rny kn�►wledge_ bgt�: Signat�re: , . _--_ - _. ___-_ —_ - _ =--- - __ ___ = -- _ _ ��p�rtr��n#He�d Apprr�val: b�te: �ignature: � ' •� A ��1�� CITY OF PALM DE � SERT FINANCE DEPARTMENT � INTEROFFtCE MEMORANDUM To: All City Employees From: Paul S. Gibson, Director of Finance/�/�✓�� Date: March 1, 2002 Subject: Resolution 02-8 - Travel Policy Guidelines On February 14, 2002, City Council approved Resolution 02-8 Travel Policv Guidelines for all City employees, commissioners, committ�e members and representatives. Please Note: Per IRS Publication 463 entitled, Travel. Entertainment Gift and Car � Expenses, all expenses require receipts with detailed information in order to be - considered--a-reimburs�abi�expense. Ticket stu6s will not be acceptable forms of a � receipt. If you require any additional information or clarification, please do not hesitate to contact myself or Veronica Tapia at extension 321. G�Fina�ee\Veronica TapialWPdoea\Vavelpolicymemc.wpd 5 '4 � TRAVEL EXPENSE GUIDELINES ADVANCES Requests for advances should be submitted on the Request for Payment-Travel or Cash Advance. The Finance Department requires seven (� 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 on official City business. Hotel: Anytime a hotel is required for seminar/conference attendance, the full hotel fees and bed tax should be advanced to the hotel prior to the date of the event. Upon return from the seminar/conference an _ � _ _ ��.,._w., _ �original rec�eipt is required in order to clear the advance. Any expenses incurred by the employee attending the seminar/conference shall not be paid until a receipt is provided. Cash: Cash advances may be taken by an employee prior to the _ seminar/conference in order to cover any expenses they should incur. Generally, cash is advanced at a rate of$100.00/day, unless __ __ _ _ _ .____ -- --- —---- ----- —_ _ otherwise authorized by the Department Head. Upon return from ( the seminar/conference,all original receipts must be attached to a � Travel Expense Form and turned into Finance in order to clear the . advance. All receipts are audited and filed with the original advance request. Any money remaining shall be given to the -� � Finance Department for receipting.. � Failure To ClearAdvances in a Timely Manner If outstanding advances have not been recovered within 30 days from the date the accounting for the trip was due, the Finance Technician shall, in the absence of extenuating circumstances, initiate action for recovery by forwarding information to the City� Manager who will then decide if reimbursement should be a deduction from the employees wages or other means. ALLOWABLE EXPENSES Following any seminar/conference all original, detailed receipts will need to be submitted to Finance for reimbursement. Expenses must be related to the seminar/conference and reasonable. Guidelines are as follows: Meals: One day seminars allow for lunches to be comped by the City. Two Page 1 of 5 � � . ry days or more, allow for breakfast, lunch and dinner: Detailed receipts are required for reimbursement. Alcohol is not a reimbursable expense. Employees are only reimbursed for the portion of the receipt which applies to them. Any conference related guests must be pre-approved by your Department Head. Tips: Tips in excess of 20% will be the responsibility of the employee. Hotel: --�- - Hotel receipts must be submitted for reimbursement of any expenses, especially if the hotel room was prepaid by the City. Movie rentals are not reimbursable. � Airfare: Similar to registration fees, airfare should be paid directly by the , City of Palm Desert. Antelope Travel Service pravides airline _ .---- -- -- - --___ tickets at a $10 service fee. Parking: Parking is reimbursable when a personal or city vehicle is used while attending a conference/seminar. Mileage: Mileage is reimbursable for personal vehicle usage at a rate of � ______________ ____ :$.345/mile. _Mileage is calculated by the lesser of the Civic Center to conference destination or employee's home to conference destination. Mileage will only be reimbursed at a rate equal to that of alternative means of transportation. (i.e. If you chose to drive to Sacramento instead of flying, the max mileage reimbursement you can receive is equal to that of the airfare + rental car/taxi). If a city or rental vehicle is used, gas receipts will be necessary for reimbursement. All mileage is verified by the Finance Department using Mapquest.com. Phone: All business related phone calls are reimbursable (including one reasonably brief, non-emergency, personal call home per day, if desired). � Registration: Registration should be paid directly by the City prior to the conference/seminar __ ____ _de�siline_�This-�ioes-no�c-lud�e�llege�cont�nued=eaueation-course-�or�which - is paid directly by the employee and then upon completion and passing the course, the City reimburses the employee.) Testing. Any class/licensing course which involves testing, must be paid by the employee and reimbursed following the employees passing the test. Proof of payment and test score must be attached. Page 2 of 5 . • -� Miscellaneous: Miscellaneous expenses whicli are reimbursable include: i. reference materials, ii. xerographic or typewriting services iii. rental of office machines in connection with preparation of official reports or correspondence iv. purchase of materials and supplies,when normal purchasing procedures cannot be followed; and v. rental of a room or other facility for the transaction of official business On occasion there are special circumstances in which a person will be reimbursed for iterns not included above. In such cases, each expense will need to be approved by the Department Head prior to consideration. FORM USED Travelers shall report travel expenses and account for travel advances by submitting a . Travel Expense Voucher. You can download the Exce17.0 version of the Travel Expense Voucher from the G: Everyone drive on the Network. OUT OF STATE TRAVEL _ __ - --- ____ All out of state travel is allowed if authorized by City Council prior to the trip or (� disbursement of advances. Please attach backup showing the authorization for the out � of state trip. CITY PAYMENT FOR SPOUSES In the interest�of"obtaining maximum value from certain functions, there is merit in attendance by the spouses of delegates. In such instances, the City will pay for the spouses' expenses as if he or she were a delegate. Functions for which this section applies are: a) Dinner Meetings of the Riverside County Mayors' and Councilmembers' Group. . � b) Dinner Meetings of the Citrus Belt Division. League of California Cities. c) Dinner Meetings of the California Contract Cities Association. - __ _=_, _ = - = === inner iVieetings of the Coacheila Va�ley Associa�ion of Governments. e) Such other functions as may be specifically recommended by the City Manager and approved in advance by the Mayor or City CounciL TIME LIMIT FOR SUBMISSION A Travel Expense Voucher must be submitted to the Finance Department within 10 days after completion of the trip unless there is recurring local travel, in which case Page 3 of 5 ' e � F vouchers may be submitted monthly. REQUIRED INFORMATION The traveler shall provide all information requested on the Travel Expense Voucher, along with an explanation of unusual items, copies of any written authorizations, and any other information required in travel policies. All expenses for a trip should be reported on ONE Travel Expense Voucher. Supplemental vouchers may be submitted if necessary, but they must be clearly marked "supplemental" and must be accompanied :by a photocopy�of the origi.rial voucher. The Travel Expense Voucher must show the inclusive dates of each trip for which allowances are claimed and the times of departure and return. DOCUMENTATION Receipts: The original of the following items must be submitted with the Travel Expense Voucher: (1) Stubs or carrier's copy of transportation tickets. (2) Receipts for local transportation. (3) Receipts for each miscellaneous expense. . (4) Receipts for all lod,ging. (5) Please tape all receipts to.a_full_shee�of paper_and attach#h�m to the-tra�el�ouzher ---- ------ in the same sequence as the entry of their totals on the voucher. Identify or clearly � reference attachments: Please indicate the exchange rate used for each receipt when applicable. ORIGINAL RECEIPTS NOT AVAILABLE In cases where original receipts have been lost or are otherwise unavailable, a traveler can submit a "Declaration of Missing Evidence" located on Attachment A (at the end of this policy) with his/her Travel Expense Voucher in place of a missing original receipt. The completed form will be accepted by the Finance Department as adequate documentation. It is intended that the form will be used only in unusual situations when either an original receipt is unavailable or'lost. Acceptance of the form is subject to the frequency of its use and the explanation for the unavailable receipt. � � APPROVAL AND CERTIFICATION OF TRAVEL EXPENSES _---_�'�ie��e��r.-_ar�d=the�ersor�=appr-ovi�g=paymen#=shouizi�ign t��ype�`�rave-1 voucher ` " � after the traveler claiming reimbursement reviews it. The voucher must be approved for payment by the department head or a person to whom such authority has been delegated, as evidenced by a Signature Authorization Form on file with the Finance Department. Page 4 of 5 ATTACHMENT A DECLARATION OF MISSING EVIDENCE FOR MISSING ORIGINAL RECEIPTS AND/OR PAYMENTS MADE ON BEHALF OF "CITY OF PALM DESERT Instructions: Copy this form as needed. Attach this completed form to the Travel Expense Voucher in place of a missing original receipt. Complete this form for missing original receipt(s). A/so, only complete the appropriate section that applies to the type of payment made. >> , declare that: (Name) 1. 1 disbursed personal monies on behalf of the Cify of Palm Desert as follows: (A) Date: Amount Paid: $ Vendor Name: Vendor Address: Description of Payment: (8) Date: Amount Paid: $ Vendor Name: Vendor Address: Description of Payment: � . _ _ _ _._ _ __ _ _ -- - --- --- ----- (-Cj-Date:- - ---------Amount Paid: $---------- —--- : Vendor Name: ( Vendor Address: Description of Payment: Total � 2. The original receipf is not available. The reason (i.e. Cou1d not be obfained, lost, efc.) � is as follows: I hereby certify that the above information is true to the best of my knowledge. -_ -Date -- ;- Signatur�:== __ Department Head ApprovaL Date: Signature: Page 5 of 5 TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California DANIEL E. LUNGREN Attorney General OPINION : : No. 91-720 of : : FEBRUARY 24, 1992 DANIEL E. LUNGREN : Attorney General : RONALD M. WEISKOPF : Deputy Attorney General : THE HONORABLE NEWTON R. RUSSELL, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a hospital district pay the traveling and incidental expenses incurred by the spouse of a district director who is attending a conference on official business of the district? CONCLUSION A hospital district may not pay the traveling and incidental expenses incurred by the spouse of a district director who is attending a conference on official business of the district. ANALYSIS We are advised that the board of directors of a local hospital district has voted to permit members of the public to attend conferences along with board members at district expense to assist the directors with their official responsibilities. But we are also told that the true purpose for the action is to allow spouses of the directors to attend the conferences with all expenses related thereto paid by the district. We are asked whether payment of the spouses' expenses would be lawful. Under the circumstances presented, we conclude that it would not be lawful. 1. The Local Hospital District Law 1. 91-720 Local hospital districts are formed and derive their powers under the Local Hospital District Law (Health & Saf. Code, § 32000 et seq.; hereafter "District Law"). (See 67 Ops.Cal.Atty.Gen. 492 (1984); 66 Ops.Cal.Atty.Gen. 13 (1983).)' The powers granted to them under the District Law are seemingly broad; a hospital district is permitted to exercise those powers and to do those things that are expressly mentioned in the District Law or which are necessarily implied (§ 32001), and do "any and all other acts and things necessary to carry out [the District Law]° (§ 32121, subd. (k)). (Cf. 67 Ops.Cal.Atty.Gen. at 493; 30 Ops.Cal.Atty.Gen. 351, 353 (1957).) Needless to say, this statutory grant of authority includes a "'broad authority to contract.' (24 Ops.Cal.Atty.Gen. 53 (1954)." (67 Ops.Cal.Atty.Gen. at 492.) We presume that the payment of traveling expenses of a spouse who accompanies a director to a convention ostensibly to assist the director in the performance of public duties would follow upon a contract providing for the same. However, as we have pointed out before, any particular contract that a hospital district executes must be within the authority of a hospital district to make. (67 Ops.Cal.Atty.Gen. at 493.) A hospital district is authorized to maintain membership in any local, state, or national group or association organized and operated for the promotion of public health and welfare or the advancement of the efficiency of hospital administration, and to pay dues and fees thereto. (§ 32131.) It would clearly be within the authority of a district to have its directors attend meetings of such organizations, and under section 32103 they would be allowed "actual necessary traveling and incidental expenses incurred [in connection therewith] . . . ."2 The District Law also gives a district the power to "employ any officers and employees, including architects and consultants, the board of directors deems necessary to carry on properly the business of the district." (§ 32121, subd. (g); emphasis added.) Arguably, this would provide authority to hire a consultant to accompany and assist a director at particular meetings and to pay the consultant's necessary traveling and incidental expenses. But nothing is said in the District Law about paying the expenses of a spouse who attends such meetings with a director, and we conclude that such payment may not be sanctioned from a district's implied power to carry out �Unidentified statutory references prior to footnote 4 are to the Health and Safety Code. ZSection 32103 provides: "The board of directors shall serve without compensation except that the board of directors, by a resolution adopted by a majority vote of the members of the board, may authorize the payment of not to exceed one hundred dollars ($100) per meeting not to exceed five meetings a month as compensation to each member of the board of directors. [¶] Each member of the board of directors shall be allowed his or her actual necessary traveling and incidental expenses incurred in the performance of o�cial business of the district as approved by the board." (Emphasis added.) 2, 91-720 the District Law's purposes.3 In fact, as we shall next see, there are particular problems involving a contract calling for payment of the spouse's expenses. 2. Government Code Section 1090 "Section 1090 of the Government Code codifies the common law prohibition and the general policy of this state against public officials having a personal interest in contracts they make in their official capacities. [Citations].° (66 Ops.Cal.Atty.Gen. 156, 157 (1983.) In relevant part Government Code section 10904 provides as follows: "Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." A director of a hospital district is covered by the section's prohibition. (Eldridge v. Sierra View Local Hospital Dist. (1990) 224 Ca1.App.3d 311, 320; cf. 66 Ops.Cal.Atty.Gen. at 14; 58 Ops.Cal.Atty.Gen. 323, 324 (1975).) The test for determining whether section 1090 has been violated is whether an officer or employee has participated in the making of a contract in his or her official capacity. (See Millbrae Assn.for Residential Survival v. City of Millbrae (1968) 262 Ca1.App.2d 222, 237; 66 Ops.Cal.Atty.Gen. at 160-161.) If an official is a member of a board that actually executes the contract, he or she is conclusively presumed to have been involved in its making. (Thompson v. Call (1985) 38 Ca1.3d 633, 649.) Furthermore, "the statute not only strikes at situations that do 3Section 32121, subdivision(h) does give a district the power to "establish offices as may be appropriate and to appoint . . . employees to those offices, and to determine the number of, and appoint, all officers and employees and to fix their compensation." However, as it has been presented in the situation here, the "assistant" accompanying the director to a meeting would not do so as an "employee" of the district. It should also be noted that the Legislature has prescribed the means for hospital districts to employ assistants --i.e., by hiring consultants. (§ 32121, subd. (g).) It has long been established that where a statute prescribes the mode by which a power may be exercised, that mode is the measure of the power. (Cf. Wildlife Alive v. Chickering(1976) 18 Cal.3d 190, 196; Uhl v. Baderacco (1926) 199 Cal. 270, 283; Cowell v. Martin (1872) 42 Cal. 605, 613; Garson v.Juarique (1979) 99 Ca1.App.3d 769, 774; 66 Ops.Cal.Atty.Gen. 17, 24 (1983); 64 Ops.Cal.Atty.Gen. 804, 808 (1981).) But the spouse here would not be accompanying the director as a consultant contemplated by the statute. 4Unidentified statutory references hereafter are in the Government Code. 3. 91-720 involve actual fraud and dishonesty but also at those in which such is absent but in which the possibiliry exists nonetheless for personal influence of an interested [officer] to be brought to bear, either directly or indirectly, on an official decision. [Citations.]° (66 Ops.Cal.Atty.Gen. at 160, fn. 3.) In this case, the district board's voting to permit a director's spouse to accompany him ar her on a business trip at district expense would involve the board and the director in the making of a proscribed "contract." (See 69 Ops.Cal.Atty. 255, 258, fn. 5 (1986).) Even if the contract is not formally executed by the board, its vote would sufficiently connect the director, as a member of the board, with the prohibited conduct. That being the case, and since there would be no question that the director would have a financial interest in the payment of the expenses called for under it (see, e.g., Nielsen v. Richards (1925) 75 Ca1.App. 680; 69 Ops.Cal.Atty.Gen. at 255, 259-260; 69 Ops.Cal.Atty.Gen. 102, 107 (1986)), section 1090 would be violated.5 Where the section 1090 prohibition is applicable, as we find it here, it acts as an absolute bar to a board entering into the contract (see 69 Ops.Cal.Atty.Gen. at 256; 69 Ops.Cal.Atty.Gen. at 104), and any contract authorized by the board's action would be void. (Cf. Thomson v. Call, supra, 38 Ca1.3d at 646; People v. Deysher (1934) 2 Ca1.2d 141, 146; Millbrae Assn for Residential Survival v. City of Millbrae, supra, 262 Ca1.App.2d at 236; Terry v. Bender (1956) 143 Ca1.App.2d 198, 206; Schaefer v. Berinstein (1956) 140 Ca1.App.2d 278, 290.) The district may not pay the traveling and incidental expenses of the director's spouse under the circumstances presented. 3. The California Constitution Article XVI, section 6 of the California Constitution prohibits the making of "gifts" of public funds. The section provides in pertinent part as follows: "The Legislature shall have no . . . power to make any gift, or authorize the making of any gift, of any public money or thing of value to any individual . . . whatever . . . .° Under this constitutional prohibition, the Legislature may not authorize the making of any gift of public money to any individual. The statutory grant of authority to local hospital districts contained in the District Law must be read against this constitutional prohibition. Payment of a spouse's traveling and incidental expenses out of district funds would constitute a direct payment of public money to an individual. However, "[i]t is well settled . . . SSection 1090 would not be violated where the "contract" was for reimbursement of the director's own actual and necessary expenses. An exception to the section 1090 prohibition exists for "an officer in being reimbursed for his or her actual and necessary expenses incurred in the performance of official duty." (§ 1091.5, subd. (a)(2); see Citizen Advocates, Inc. v. Board of Supervisors (1983) 146 Ca1.App.3d 171, 176-178.) � 4. 91-720 that expenditures of public funds ar property which involve a benefit to private persons are not gifts within the meaning of [section 6 of article XVI] . . . if those funds are expended for a public purpose . . . .° (California Emp. etc. Cofn v. Payne (1947) 31 Ca1.2d 210, 216; see also County ofAlameda v. Janssen (1940) 16 Ca1.2d 276, 281; Johnston v. Rapp (1951) 103 Ca1.App.2d 202, 207.) In other words, "It has been held that public credit may be extended and public funds disbursed if a direct and substantial public purpose is served and nonstate entities are benefitted only as an incident to the public purpose. (California Housing Finance Agency v. Elliott (1976) 17 Cal.3d 575, 583; Winkelman v. City of Tiburon (1973) 32 Ca1.App.3d 834, 845.) The benefit to the state from an expenditure for a public purpose is in the nature of consideration and the funds expended are therefore not a gift even though private persons are benefitted therefrom. (County of Alameda v. Carleson (1971) 5 Cal.3d 730, 745-746; 47 Ops.Cal.Atry.Gen. 171, 181 (1966).)° (67 Ops.Cal.Atry.Gen. 32, 34 (1984).) The question thus becomes whether "the consideration [i.e., the benefit to the public] is plainly substantial and whether the private [individual] is benefitted only as an incident to the promotion of such purposes." (Id. at p. 35.) Whether a particular program serves a public purpose is primarily a legislative determination that will not be disturbed by the courts so long as it has a reasonable basis. (California Housing Finance Agency v. Elliott (1976) 17 Ca1.3d 575, 583.) For example, in 66 Ops.Cal.Atty.Gen. 13, we said that no "gift of public funds" would occur with respect to a hospital district providing family health insurance for the members of its board of directors "since the providing of [the] insurance serves a public purpose in compensating the directors for their services performed. [Citations.]° (Id. at p. 15, fn. 4.) In other opinions we have found the provision of employee health benefit coverage as serving a direct and substantial public purpose. (See, e.g., 74 Ops.Cal.Atty.Gen. 159, 162 (1991); 73 Ops.Cal.Atty.Gen. 296, 304 (1990).) But while we have said that providing incentives far the retention of employees and increasing their efficiency would serve a public purpose (73 Ops.Cal.Atty.Gen. at 304; 39 Ops.Cal.Atty.Gen. 200, 201 (1962)), that justification is not without bounds under the Constitution. (Cf. 73 Ops.Cal.Atty.Gen. at 304). Surely the public benefit here, if it exists at all, is more attenuated and not as plainly substantial as in the situations which we and the courts have considered before, and surely the benefit to the private individual is more than merely incidental to any public benefit. First of all, it is one thing to provide health and other benefits to a wide class of public employees from which a substantial public benefit might be perceived; it is quite another to provide additional compensation to a particular individual, i.e., a district director.b But also, the nature of the benefit here is different. Health insurance coverage for a group of public employees has been authorized 6We note that even there, it is not the director who would directly receive the benefit; it would be his or her spouse, who is not a public employee. 5, 91-720 by the Legislature in a number of cases in order to address a major societal concern. But the need to take one's spouse on a business trip does not rise to that level of concern, and the Legislature has not provided any express statutory basis to expend public funds for that purpose. We find no direct and substantial public purpose to be served in paying the traveling and incidental expenses of a director's spouse so as to justify an expenditure of public funds under Article XVI, section 6 of the Constitution. The payment would be unconstitutional. Accordingly, we conclude that under the circumstances presented, a hospital district may not pay the traveling and incidental expenses of a spouse of a district director who is attending a conference on official business. ***** 6. 91-720 Domestic Perdiem Rates http://www.gsa.gov/Portal/gsa/ep/perdiem.do?pf=y&queryYear=20... Back to Oriqinal U.S. General 5ervices Administrati�n Domestic Perdiem Rates California - FY 10 (October 1,2009 through September 30,2010) Cities not appearing below may be located within a county for which rates are listed.To determine what county a city is located in,visit the National Association of Counties(NAC0)website(a non-federal website). NOTE: If neither the city nor the county is listed,the location is a standard CONUS destination with a rate of $70.00 for lodging and$46.00 for meals and incidental expenses(M&IE). State Tax Rates&Exemption Forms Properties at Per Diem(FedRoomsl � -� � �,� ,,�`,�'`r � � � . �� Rrirnaryt�wsilna�lonl.(�� uMyr(�,3� ''�„� .� '��' ■ �� Antioch/Brentwood/Concord Contra Costa 110 66 176 49.5 Bakersfield/Delano(Naval Weapons Kern 79 56 135 42.0 Center and Ordnance Test Station, China Lake) Barstow/Ontario/Victorville San Bernardino 93 56 149 42.0 Benicia/Dixon/Fairfield Solano 93 56 149 42.0 Brawley/Calexico/EI Centro Imperial 82 51 133 38.25 Death Valley Inyo 84 46 130 34.5 Eureka/Arcata/McKinleyville Humboldt 85 61 146 45.75 (October 1 -May 31) Eureka/Arcata/McKinleyville Humboldt 102 61 163 45.75 (June 1 -August 31) Eureka/Arcata/McKinleyville Humboldt 85 61 146 45.75 (September 1 -September 30) Fresno Fresno 94 61 155 45.75 Los Angeles Los Angeles, Orange, 135 71 206 53.25 Ventura, and Edwards AFB Mammoth Lakes Mono 114 61 175 45.75 (October 1 - November 30) Mammoth Lakes Mono 143 61 204 45.75 (December 1 -January 31) 1 of 3 10/30/2009 1:27 PM Domestic,Perdiem Rates http://www.gsa.gov/Portal/gsa/ep/perdiem.do'?pf=y&queryYeai-20... Mammoth Lakes Mono 114 61 175 45.75 (February 1 -September 30) Mill Valley/San Rafael/Novato Marin 120 56 176 42.0 Modesto Stanislaus 88 51 139 38.25 Monterey Monterey 140 71 211 53.25 Napa Napa 163 66 229 49.5 (October 1 -November 30) Napa Napa 115 66 181 49.5 (December 1 -March 31) Napa Napa 163 66 229 49.5 (April 1 -September 30) Oakhurst Madera 74 56 130 42.0 (October 1 -April 30) Oakhurst Madera 93 56 149 42.0 (May 1 -August 31) Oakhurst Madera 74 56 130 42.0 (September 1 -September 30) Oakland Alameda 100 61 161 45.75 Palm Springs Riverside 111 71 182 53.25 (October 1 -December 31) Palm Springs Riverside 129 71 200 53.25 (January 1 -May 31) Palm Springs Riverside 90 71 161 53.25 (June 1 -August 31) Palm Springs Riverside 111 71 182 53.25 (September 1 -September 30) Point Arena/Gualala Mendocino 84 66 150 49.5 Redding Shasta 89 61 150 45.75 Sacramento Sacramento 109 61 170 45.75 San Diego San Diego 147 71 218 53.25 San Francisco San Francisco 192 71 263 53.25 (October 1 -October 31) San Francisco San Francisco 166 71 237 53.25 (November 1 -August 31) San Francisco San Francisco 192 71 263 53.25 (September 1 -September 30) San Luis Obispo San Luis Obispo 106 66 172 49.5 (October 1 -June 30) San Luis Obispo San Luis Obispo 126 66 192 49.5 (July 1 -August 31) San Luis Obispo San Luis Obispo 106 66 172 49.5 (September 1 -September 30) San Mateo/Foster City/Belmont San Mateo 125 61 186 45.75 Santa Barbara Santa Barbara 149 66 215 49.5 (October 1 -June 30) Santa Barbara Santa Barbara 199 66 265 49.5 (July 1 -August 31) Santa Barbara Santa Barbara 149 66 215 49.5 (September 1 -September 30) 2 of 3 10/30/2009 1:27 PM Domestic Perdiem Rates http://www.gsa.gov/Portal/gsa/ep/perdiem.do?pf=y&queryYear=20... Santa Cruz Santa Cruz 99 66 165 49.5 (October 1 -May 31) Santa Cruz Santa Cruz 132 66 198 49.5 (June 1 -August 31) Santa Cruz Santa Cruz 99 66 165 49.5 (September 1 -September 30) Santa Monica City limits of Santa 209 71 280 53.25 Monica Santa Rosa Sonoma 119 61 180 45.75 South Lake Tahoe EI Dorado 126 71 197 53.25 (October 1 -November 30) South Lake Tahoe EI Dorado 140 71 211 53.25 (December 1 -March 31) South Lake Tahoe EI Dorado 119 71 190 53.25 (April 1 -June 30) South Lake Tahoe EI Dorado 126 71 197 53.25 (July 1 -September 30) Stockton San Joaquin 87 56 143 42.0 Sunnyvale/Palo Alto/San Jose Santa Clara 132 56 188 42.0 Tahoe City Placer 98 61 159 45.75 Truckee Nevada 97 71 168 53.25 (October 1 -November 30) Truckee Nevada 116 71 187 53.25 (December 1 - February 28) Truckee Nevada 97 71 168 53.25 (March 1 -September 30) Visalia/Lemoore Tulare and Kings 85 61 146 45.75 West Sacramento Yolo 99 51 150 38.25 Yosemite National Park Mariposa 131 71 202 53.25 3 of 3 10/30/2009 1:27 PM WAIS Document Retrieval http://wwwleginfo.ca.gov/cgi-bin/waisgate?WAISdocID=9327092... CALIFORNIA CODES GOVERNMENT CODE SECTION 53232-53232.4 53232. For the purposes of this article, the following terms have the following meanings: (a) "Governing body" means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a special district. (b) "Legislative body" has the same meaning as specified in Section 54952. (c) "Local agency" means a city, county, city and county, charter city, charter county, charter city and county, or special district. (d) "Meeting" has the same meaning as specified in subdivision (a) of Section 54952.2. 53232.1. (a) When compensation is otherwise authorized by statute, a local agency may pay compensation to members of a legislative body for attendance at the following occurrences: (1) A meeting of the legislative body. (2) A meeting of an advisory body. (3) A conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234) . (b) A local agency may pay compensation for attendance at occurrences not specified in subdivision (a) only if the governing body has adopted, in a public meeting, a written policy specifying other types of occasions that constitute the performance of official duties for which a member of the legislative body may receive payment. (c) This section shall not apply to any local agency that pays compensation in the form of a salary to members of a legislative body, including, but not limited to, those local agencies whose legislative bodies' compensation is subject to Section 36516 or 36516.1, subparagraph (B) or (C) of paragraph (2) of subdivision (a) of Section 21166 or Section 22840 of the Water Code, Section 11908.1 of the Public Utilities Code, Section 6060 of the Harbors and Navigation Code, or subdivision (b) of Section 1 or Section 5 of Article XI of the California Constitution. 53232.2. (a) When reimbursement is otherwise authorized by statute, a local agency may reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties, including, but not limited to, activities described in Article 2.4 (commencing with Section 53234) . (b) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. (c) The policy described in subdivision (b) may also specify the reasonable reimbursement rates for travel, meals, and lodging, and other actual and necessary expenses. If it does not, the local agency shall use the Internal Revenue Service rates for reimbursement of 1 of 2 10/30/2009 12:56 PM WAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=9327092... ' travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication. (d) If the lodging is in connection with a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234) , lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. If the group rate is not available, the member of a legislative body shall use comparable lodging that is consistent with the requirements of subdivisions (c) and (e) . (e) Members of the legislative body shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available. (f) All expenses that do not fall within the adopted travel reimbursement policy or the Internal Revenue Service reimbursable rates as provided in subdivision (c) , sha11 be approved by the governing body, in a public meeting before the expense is incurred, except as provided in subdivision (d) . (g) If a member of a legislative body chooses to incur additional costs that are above the rates established pursuant to this section and those costs have not been approved pursuant to subdivision (f) , then the member of a legislative body may do so at his or her own expense. (h) This section shall not supersede any other laws establishing reimbursement rates for local agencies. 53232.3. (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense. (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) A11 documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) . 53232.4. Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency. (c) Civil penalties for misuse of public resources pursuant to Section 8314 . (d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code. 2 of 2 10/30/2009 12:56 PM Resolution No. 09-77 Exhiblt A Public Trio Meetinq Reqort: 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. �He+� ap�ev�l wiu eeast+tate-aeF�{y a�preva�as��,^,a�;�^��e�ame�+ni, baF also ver+faeation thal suE;h trave} w�ill �e fer e#ie+a4 Gii�basl�ess 8. Ethics Treining 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 9 of 9 Resolution No. 09-]L 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, employee fE�nc�ie+�s, 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 Far 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 9 Resolution No. 09-� 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: w�en reE}E+est is�eser�Fec1 to Geaaeil +�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 12, 2009 Travel Expense Reimbursement for Official City Business Page 2 of 9 Resolution No. 09- 77 Exhiblt A . Political, religious or charitable contributions • Non-mileage personal automobile expenses including repairs, insurance and traffic citations • Personal losses incurred while on City business . Inciivic#raal naea4 c�sis# a grea{� breakfast I�+�ehee+a. er dianer was prev+ded at tFie same tlmeas��iadivlc��ra1 rr�eal . 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. SonsisEe�}I with iEs Charter 4he �+Ey ef P-alrn E)esert rec�es the seastFae�+ve aalEte ai �e�ie��al _ ��^„�ro.o..,,�z� �o...�: m^^,� aa� #alr�i+��ad_�2segnizes �at r� r 'r tii it i .� .ti i � �ti � ..h„u., v-,u..,, � City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 3 of 9 Resolution No. 09- 77 EXhibit A 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. �esefvaN�s, where pess+t�{e, slaoald be Fl�c�e at least l4 days� i�� adva+�e k3 take adva�Eaqe of available d+scounts 4�reased fees relaEed lo la6e t�:3c>kn�y may be ciisallowe�l withu��t � suund business reason. 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 . Eharc�eci on e 6+ty �ed+t vard r�r w#aer� necvssary 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.qooqle.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. 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. 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. City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 4 of 9 Resolution No. 09- 77 EXhlblt A 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. Lodqinq & 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.qov 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 less than the geographic per diem 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. Co nferences/Meetinqs 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 City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 5 of 9 Resolution No. 09-77 Exhibit A 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. 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' nfl � n1i...m�nl �nv ..�iL.L.i.l.�'n City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 6 of 9 Resolution No. 09-]L EXhlblt A 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. r��•al Business A�leals �$ -,...�1 Cmnl.....� .,hn fl n 1L.o n "I r i.f n.,.-L...m'nn }L.o'. rl f'oc �c4 .;.�1.. �.Ic fn. . n4„F., r.F nlL.,�.. nMl .dL.or n .��.....�.. .... .�r��..........�...�.. .�. .......,. ��..�......�.....�. .�..�nn�.�.. �. _..._. rorc_.._ .a..�,.,. ti � .,-+ti rti,, r�„ � ,..,a.,. r.. .,,..�� ..a�..��.,oi„ o .. +o rtio'r �'ti':�rt.�s 1 rl ..4 ' .+.. ....i� �....1 �. o I.'...�4 4.. .�L.�.II� �o fr.r ..b I " ___ �_ __ .__ �__�__. '__ __-_ _.. . ._ __•'__ __ _.__. .. ,_,. . . . L. 1L. -.I M L.�. rlr.n ..n4e.11 ui4L. �. rlocn:nf'.. nL 1L.,�. n i.f 4L. �� ,, ..� ,..tio, ns�,. ,��..,,,,a�,.;;Peye�T•"..,a--�n-^ atici;Qanse, ^'�="s��wf T'41.� Cvnoncoc fn. .. ..1 .+lor..rl 4i. hL.o nrl rf n4 ("4.. . ..r........... .... r,�.`.`,�:'.� ..... ............. ... ...,. ��..___. _. _..� huclness �-iU k�e �l�etec#�#rer��he�avel k�eimht�rsevr+er}4 Reqaest, 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. Reasonable er,{�e��ses ter 4ips are al7owak�le #er mea4s (as limi4ed ak�eve�aad 1rar�sk�c�R�t�n pu�ses �vith or w�itheE+t a feet�p4. aeF te e�ec� 28�le a# ihe-allewa�ile shaKge: Reasc�iaahle i+�s tor he4e4 �^��^�^�i+��nc#{�eFters are a4lawed. Repistration 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. �Fele[�hone. Internet Data Access Usaqe and F-ax 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. m^'.�.�^,�' Data access usage fees will be reimbursed up to the amount of$15.00 per day. $�9.OEi�c�ay, 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. City of Palm Desert November 12, 2009 Travel Expense Reimbursement for Official City Business Page 7 of 9 Resolution No. 09- » Exhibit A 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 • Clther aite^�'��a^' ^�aea}or meet+ag . 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 12, 2009 Travel Expense Reimbursement for Official City Business Page 8 of 9