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HomeMy WebLinkAboutCC RES 09-18RESOLUTION NO. 09-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING AND READOPTING IN ITS ENTIRETY RESOLUTION NO. 06-111, ESTABLISHING EXPENSE GUIDELINES AND AN EXPENSE REIMBURSEMENT POLICY FOR CITY COUNCIL AND COMMISSION MEMBERS. The City Council of the City of Tustin, California (the "City") finds: A. Government Code Section 53232.2 requires any local agency that reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties to adopt a written policy 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; B. Resources of the City of Tustin should only be used when there is a substantial benefit to the City; C. Such benefits include but are not limited to: 1. The opportunity to meet with state and federal officials to discuss issues and matters that may affect City interests; 2. Participating in regional, state, and national organizations whose activities may affect the City; 3. Attending educational seminars designed to improve the expertise and information levels of City Council and Commission members; and 4. Promoting public service and morale by recognizing such service; D. As a matter of policy, City Council members should use a portion of the compensation that they receive pursuant to Tustin Municipal Code Section 1303 to help defray costs associated with the public and voluntary service each member provides to the City; however, the City should bear the cost of certain actual and necessary expenses incurred by City Council and Commission members, which include City Council members, Planning Commission members, Community Services Commission members, Audit Commission members, and other City Commission, Committee, and Board members, in the performance of certain of their official duties; E. This Policy provides guidance to City Council and Commission members and to City staff on the use and expenditure of City resources for expense reimbursements made on behalf of City Council and Commission Resolution No. 09-18 Page 1 of 8 members who incur authorized expenses in the performance of official duties, as well as the standards against which those expenditures will be measured; and F. This Policy applies to both reimbursed expenses and expenses advanced or directly paid by the City on behalf of City Council and Commission members that may incur such expenses in the course of performing their official duties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RESOLVES: SECTION 1. Tustin City Council Resolution 06-111 establishing an expense and reimbursement policy for City Council and Commission members is amended and readopted in its entirety as provided in Exhibit "A" to this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Tustin held this 7th day of April, 2009. PAMELA STOKER City Clerk Resolution No. 09-18 Page 2 of 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-18 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of April, 2009, by the following vote: COUNCILMEMBER AYES: Amante, Davert, Gavello, Nielsen, Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKE CITY CLERK Resolution No. 09-18 Page 3 of 8 EXHIBIT "A" EXPENSE GUIDELINES AND REIMBURSEMENT POLICY FOR CITY COUNCIL AND COMMISSION MEMBERS The City Council of the City of Tustin believes that it is important that elected officials protect public resources and foster public trust in the use of those resources and that the compensation paid to members of the City Council pursuant to Tustin City Code Section 1303 should be used in part to defray expenses incurred in the performance of each members duties except for those expenses that are expressly allowed under this Policy. Further, the City Council believes that the public is best served by officials that remain informed and trained in issues affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens. In order to uphold the public's confidence in their elected and appointed officials and to comply with the spirit of state law regarding reimbursement of expenses, the City Council does hereby set forth this Expense Guidelines and Reimbursement Policy for the City Council and Commission (Planning, Community Services, Audit, and any other city commission, committee, and/or board) members. ~ -~ A. AUTHORIZED EXPENSES To receive reimbursement for authorized expenses incurred in the performance of official duties relating to travel, meals, lodging, and other actual and necessary expenses the following must be met: (1) Communicating with representatives of regional, state, and national government on issues or matters affecting the City or on City adopted policy or political positions; (2) Attending conferences and/or educational seminars designed to improve the member's expertise and information levels, including, but not limited to, ethics training required pursuant to Government Code Section 53234; (3) Participating in city, regional, state, and national organizations of which the City is a member and whose activities or interests may affect the City's interests; (4) Attending City sponsored or co-sponsored events; (5) Implementing a City Council-approved strategy for attracting or retaining businesses to the City; and (6) The performance of other such official duties in the interest of the City approved by the City Council.. Resolution No. 09-18 Page 4 of 8 The following expenses require prior City Council approval: (1) Out-of-county, out-of-state, or international travel; and (2) Expenses which exceed any annual limits established for each member. All other reimbursement expenses that are not specifically authorized by this Policy shall be approved by the City Council in a public meeting before the expense is incurred, Examples of personal expenses that the City will not reimburse include, but are not limited to: (1) The personal portion of any trip taken at City expense; (2) Political contributions or events; (3) Travel companion expenses, including spouse, friend, or partner expenses when accompanying a member on City-related business, as well as children or pet-related expenses; (4) Charitable contributions, including without limitation, any portion of a ticket or pass to an event that is treated or recognized by the event sponsor as a charitable contribution; (5) Social or other recreational events, unless the event has a direct relationship to City business and is expressly allowed under this Policy or is approved by the City Council; (6) Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage, and/or golf related expenses), or other cultural events; (7) Non-mileage automobile expenses incurred, including repairs, traffic citations, insurance, or gasoline; and (8) Personal losses incurred while on City business (e.g., theft or property destruction). Any questions regarding the propriety of a particular type of expense should be resolved before the expense is incurred. B. EXPENSE AND REIMBURSEMENT GUIDELINES To conserve City resources and keep expenses within appropriate standards for public agencies, expenditures, whether paid directly by the City or reimbursed to a member of the City's legislative bodies, should comply with the following guidelines. Unless otherwise specifically provided herein, reimbursement for travel, meals, lodging, and other actual and necessary expenses shall be at the Internal Revenue Service rates presently in effect as established in Publication 463 or any successor publication. All expenses not covered by this policy, or which are in excess of the reimbursable rates set forth in this Policy, shall not be reimbursable unless approved by the City Council at a public meeting before the expense is incurred. Resolution No. 09-18 Page 5 of 8 1. Out of County Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and space requirements must be used, using the most direct and time-efficient route. In the event that a more expensive transportation form or route is used, the cost borne by the City will be limited to the cost of the most economical, direct, efficient, and reasonable transportation form. Government and group rates offered by a provider of transportation services shall be used when available. Automobile mileage is reimbursable at Internal Revenue Service rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. Reasonable and necessary charges for public transportation, taxi, or shuttle service are reimbursable at actual cost with receipts. Rental vehicles may be used during out-of-county travel. Rental vehicles may be used when the efficient conduct of City business preludes the use of other means of transportation or when a car rental is the most economical mode available. Itemized receipts must be submitted with vehicle rental reimbursement requests. 2. Out of County Lodging Lodging costs will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Government and group rates offered by a provider of lodging services shall be used when available. If such lodging is in connection with a conference or organized educational activity, 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 at the time of booking. If the group rate for lodging in connection with a conference or organized educational activity is not available, the member shall use comparable lodging that is. (a) consistent with the Internal Revenue Service rates for reimbursement of lodging as established by tRS Publication 463, or any successor publication; or (b) at a government rate, if offered by a lodging provider. Non-reimbursable lodging-related expenses include, but are not limited to, costs for an extra person staying in the room, costs related to late check- out or uncancelled reservations, in-room pay-per-view movie rentals or mini-bar service, and non-City business related telephone calls. Receipts must accompany all member requests for lodging reimbursements. Resolution No. 09-18 Page 6 of 8 3. Meals Meal expenses and associated gratuities should be moderate, taking into account community standards and the prevailing restaurant costs of the area. Actual meal expenses and associated gratuities will be reimbursed or paid when incurred by the member in the performance of official duties. 4. Telephone /Fax /Cellular City Council and Commission Members may be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business, to whom the call was made, and the purpose of the call. For cellular calls when the member has a particular number of minutes included in the member's calling plan, the member must identify actual calls and the percentage each call represents of calls made on City business. 5. Airport Parking Long-term airport parking should be used for travel exceeding 24-hours. Actual airport parking expenses and associated gratuities will be reimbursed or paid when incurred by the member in the performance of official duties. 6. Other Baggage handling fees of up to $2 per bag and gratuities of up to 15 percent will be reimbursed or paid when incurred by the member in the performance of official duties. Miscellaneous expenses for registration, tuition, parking, educational materials provided at conferences and telephone charges are reimbursable for City authorized business. All miscellaneous expenses must be supported with itemized receipts. Expenses for which members receive reimbursement from another agency are not reimbursable. C. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE Expense reports must document that the expense in question meets the requirements of this Policy. Members must submit their expense reports within sixty (60) days of an expense Resolution No. 09-18 Page 7 of 8 being incurred, which shall be accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Receipts for gratuities and tolls under $5 are not required. All documents related to reimbursement under this Policy, except as redacted to maintain the privacy of certain personal financial data (such as credit card numbers), shall be subject to disclosure under the California Public Records Act. D. AUDITS OF EXPENSE REPORTS All expenses are subject to verification of compliance with this Policy. E. BRIEF REPORTS TO LEGISLATIVE BODY At the following meeting of the legislative body, members shall briefly report on any meetings attended at the City's expense. If multiple members attended the meeting at City expense, a joint report may be made to the legislative body. F. COMPLIANCE WITH LAWS Members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All documents related to reimbursable agency expenditures, including, but not limited to, expense reports, receipts, and written evidence of direct City advances or payments for expenses, are public records subject to disclosure under the Public Records Act. Resolution No. 09-18 Page 8 of 8