RESOLUTION NO. 4474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO
APPROVING A TRAVEL AND TRAINING REIMBURSEMENT POLICY FOR BOARD
AND COMMISION MEMBERS
WHEREAS, California Government Code Section 53232, et seq., requires that all cities adopt an expense reimbursement policy before a legislative body member may receive reimbursement for necessary expenses of'office; and
WHEREAS, Board and Commission members occasionally attend specific training seminars and meetings which are designed to facilitate the Board members performance of their duties or to improve the Board members skill and information level; and WHEREAS, the Council has adopted an Expenditure and Reimbursement Policy for the Council and Mayor that sets forth those travel and training expenses for which Council will be reimbursed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY approves the "Board and Commission Member Travel and Training Reimbursement Policy", which is attached hereto as Exhibit "1" and incorporated herein by this reference as though fully set forth herein.
PASSED AND ADOPTED this 19th day of November 2013, by the following vote:
AYES: MOODY, ABRICA, MARTINEZ, GAUTHIER
NAES: 0
ABSENT: 0
ABSTAIN: 0
SIGNED:
Ruben Abrea
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
Lil Nail
2000
Nora Pimentel, Deputy City Clerk John A. Nagel, City Attorney C
CITY COUNCIL NUMBER: 0-2
POLICY
Noog
SUBJECT: EXPENSE REIMBURSEMENT POLICY
TITLE: BOARD AND COMMISSION MEMBER TRAVEL AND TRAINING
REIMBURSEMENT POLICY
AUTHORIZED BY: RESOLUTION NO. 4474 EFFECTIVE DATE: 11/19/2013 I. PURPOSE:
The purpose of this policy is to define the City Council's expectations of the City's Board and Commission members' (Members) travel and training in connection with their official duties and to provide direction regarding proper expenditures and reimbursements for Members in order to clarify which expenses the City will pay for or reimburse and which expenses are considered the personal responsibility of Members, and to comply with the provisions of Government Code sections 53232.2 and 53232.3.
Official duties are defined as attendance at meetings, conferences, seminars, training sessions or travel, including meals, for any other purpose in connection with official and essential City of East Palo Alto business.
The City Clerk or his/her designee will perform all administrative functions on behalf of Members, including the review and approval of expenditures and requests for reimbursements made consistent with this Policy. The City Clerk or his/her designee is only authorized to approve expenditures or process reimbursements to the extent adequate funds have been appropriated by the City Council for such expenditure or reimbursement.
I. POLICY:
The City of East Palo Alto recognizes the value of professional conferences, seminars, meetings and trainings and provides travel funds for Members who attend such official events. Members shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging and other actual and necessary expenses associated with attending such events in a manner and in the amounts set forth in this policy.
For purposes of this policy official travel is defined as attendance at conferences, meetings, seminars or training sessions or travel for any other purpose in connection with official and essential business.
The City Council shall annually budget funds for Member business and travel which shall be separate from the budget for any stipends. Proposed Member travel over and above the annual budgeted funds shall not be allowed as a City expense except upon prior approval of the full City Council. In the case where a substitute for a budgeted travel/conference is desired, the City Manager may reallocate travel funds from an unspent travel budget to a newly proposed travel budget.
A. Authorized Activities.
Travel, meals and lodging incurred in connection with attending educational seminars designed to improve Member's skill and information levels constitute authorized expenses, as long as the other requirements of this Policy are fulfilled. For most Members, such activities are infrequent and only when approved by the City Manager and determined to be within the City's adopted The Member attending the educational event shall provide a brief report of the activit o the Board or Commission to which they are appointed at a public meeting subsequent to th seminar.
B. Unauthorized Expenses
Unless otherwise specifically allowed under this Policy, personal expenses incurred by Members will not be reimbursed. Examples of personal expenses not authorized by this Policy include, but are not limited to:
1. The personal portion of any trip, such as where the Member is on his/her own vacation activities;
2. Political or charitable contributions or events;
3. Personal expenses such as laundry or dry cleaning or miscellaneous sundries;
4. Family expenses, including partner's expenses when accompanying Member on agency-related business, as well as children- or pet-related expenses;
5. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, spa, massage and/or golf related expenses), or other cultural events;
6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline;
7. Personal losses incurred while on City business.
8. Alcohol, tobacco products or illegal substances of any kind.
Any questions regarding the propriety of a particular type of expense should be resolved by the City Manager before the expense is incurred.
C. Compliance with State Law
As required by Government Code § 53232.3, Members shall provide brief reports on meetings attended at the expense of the City at the next regular meeting of the Board or Commission to which they are appointed. If more than one person attended the same event, a joint report may be made.
2 All documents related to City expenditures are public records subject to disclosure under the California Public Records Act.
Members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws.
D. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.
Travel expenses shall be allowed for days actually spent on City business, for programmed days of a conference or meeting, and for expenses incurred for travel to and from the events.
Expenses shall be computed for days of the conference or event attended and for travel days not to exceed one day before or after the event and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours at the beginning and ending days of a conference.
Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. If travel arrangements must be cancelled for any reason, the person who made the arrangements is responsible for cancelling them in sufficient time to prevent the City from incurring unnecessary costs.
At the City Manager's discretion, one or more staff members may be assigned responsibility for assisting Members with their travel arrangements.
E. Transportation
Members shall use whatever mode of transportation is the most reasonable and cost-effective.
Consideration should be given to distance, time and total cost to the City.
If a Member elects to use a mode of transportation other than the most reasonable mode available under the circumstances of a particular case, the City will pay only the cost of the most reasonable mode. The difference between the selected mode and the more reasonable mode shall be considered the member's personal expense, and any additional lodging and meal expenses resulting from the selection also shall be paid by the Member. This paragraph does not apply to special accommodations made for qualified Members under the Americans with Disabilities Act, provided that the alternate mode of transportation is arranged sufficiently in advance.
Transportation to and from an airport, train station, or other transit facility is reimbursable.
Members are encouraged to use free shuttles or public transit whenever feasible, and determination of the reasonableness of the transportation used will be based on the availability, usability, and itinerary.
The City will not reimburse for any travel insurance of any kind.
1. Automobile. Automobile mileage for the use of private vehicles for travel beyond a 60 mile radius of East Palo Alto is reimbursed at the Internal Revenue Service rates in effect at the time incurred. (www.irs.gov). Reimbursement shall be based upon the number of 3 miles between the destination and either the Member's designated work location or residence, whichever is the shorter distance. Bridge and road tolls also are reimbursable.
Parking fees incurred are reimbursable. Receipts for tolls under six dollars ($6.00) are not required. Receipts are not required for parking meter expenses unless they are received in the normal course of business, but sufficient detail to verify expense shall be provide on the Travel Authorization and Expense Reimbursement form. However, unless the Member can demonstrate that no other reasonable alternative existed, valet parking costs will not be reimbursed beyond that incurred for a normal parking fee. However, unless the Member can demonstrate that no other reasonable alternative existed, valet parking costs will not be reimbursed beyond that incurred for a normal parking fee.
2. Train. The ticket cost is reimbursable. Travel to and from the train station and related parking also is reimbursable.
3. Airfare. Allowable costs for air travel shall be calculated by using the shortest and most direct route. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org) and the State of California (http://www.catravelsmart.com/) are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Long-term parking must be used for travel exceeding 24-hours. Baggage charges and baggage handling fees of up to $1 per bag will be reimbursed.
4. Car Rental. If a rental vehicle is used, Members shall request the least expensive vehicle category that meets their needs and check with City staff to ascertain if the City has an agreement with a provider for lower rates. Rental rates that are equal or less than those available through the State of California's website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. Charges for rental vehicles may be reimbursed if it is determined to be more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation.
Government and group rates must be used when available. Optional insurance offered by the rental agency shall not be purchased at City expense. Receipted fuel expenses for rental cars will be reimbursed.
5. Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15% gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time efficiency.
F. Lodging
The City will pay lodging expenses for Members when travel on official City business reasonably requires one or more overnight stays. Members are expected to use the most cost effective lodging reasonably available. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the Member would have to travel at unreasonably early or late hours to reach his/her destination.
Members shall make an effort to obtain lodging at or near the facility where official City business is to take place to minimize travel time and transportation costs. 4 1. Local Accommodations. Except where necessary and where approved in advance by the City Council, when possible, at a publicly noticed meeting, Members will not be reimbursed for lodging expenditures incurred for events occurring within 60 miles radius of East Palo Alto except where the event begins before 8 a.m. or ends after 10 p.m.
2. Non-Local Accommodations. Members traveling outside the 60 mile radius of East Palo Alto shall be reimbursed the reasonable cost of the lodging and may either arrange for payment with a City credit card or be reimbursed for personal funds expended upon retur from the trip. Reimbursable days for lodging requests should correspond to the travel policy regarding dates of arrival and departure dates. Members are authorized for reimbursement for hotel accommodations for single occupancy only. The City will pay only for standard single rooms for individual Members. The City will pay for a double room only if two Members share a room. If a double room is requested by a Member because he or she is accompanied by a spouse or other person, any difference between a single and double room rate shall be considered the Member's personal expense.
Members shall cancel any reservation for lodging they will not use. Any charge for an unused reservation shall be considered the Member's personal expense unless failure to cancel the reservation was due to circumstances beyond the Member's control. Members must submit receipts to the City upon completion of their travel.
3. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
4. Other Lodging. Government rates must be requested, when available. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates (www.IRS.gov) for a given area are presumed reasonable and hence reimbursable.
G. Meals
The City will pay for a Member's meals during official City travel/business, including tax and tip. Meals are often included as an integral part of a seminar or conference, and the included meals) will be covered as part of the seminar or conference registration fee. If a meal is not included as part of a conference, seminar, or training, a Member may be reimbursed for the cost of a meal. Meal expenses (excluding alcohol) and gratuities of up to 15% are reimbursable so long as they do not exceed $55 in aggregate. This amount shall be prorated for partial days of travel or if one or more meals are included as part of a conference registration fee. The proration shall be based on the chart below:
5 Amount*
Breakfast $10.00
Lunch $15.00
Dinner $30.00
Total $55.00
* Includes gratuity.
Alcoholic beverages are not authorized expenditures and are therefore not reimbursable.
H. Business Expenses
The City will pay for goods and services deemed necessary for the completion of official business. Whenever possible, a Member shall anticipate the need for supplies and shall take whatever he or she will need instead of purchasing supplies at the destination. The City also will ay for printed materials, tapes/discs or other training materials that may be available for sale at seminars, conferences, etc. provided that the materials are of benefit to the City and will remain the City's property.
I. Telephone/Fax/Cellular
Members will be reimbursed for actual telephone and fax expenses incurred on, and for, City business. Telephone bills should identify which calls were made on City business. For cellular calls when the Member has a particular number of minutes included in the Member's plan, the Member may identity the percentage of calls made on public business. If a Member has a City issued cellular telephone or receives a cellular phone stipend, telephone expenses will not be reimbursed.
J. Internet
Members will be reimbursed for Internet access connection and/or usage fees away from home, not to exceed $15.00 per day, if Internet access is necessary for City-related business.
K. Credit Card Use Policy
East Palo Alto does not issue credit cards to individual Members, but does have City credit cards that can be used for payment of selected City expenses. City Manager assigned staff can assist Members arrange their travel in advance and use the City's credit card for such purposes as conference registration, airline tickets, and hotel reservations. The City's credit cards may not be used for personal expenses, even if the Member subsequently reimburses the City.
L. Expense Report Content and Submission
Upon the completion of travel and in order to receive reimbursement, Members must complete and submit to the Finance Department a Travel and Authorization Expense Reimbursement Form no later than 30 days after incurring the expense. The expense report shall be accompanied by all receipts documenting each expense.
6 Expense reports must document that the expense in question met the requirements of this policy and were incurred on behalf of the City in the performance of official duties. For example, if the meeting is with a legislator, the Member should explain whose meals were purchased, what issues were discussed and how those relate to the adopted legislative positions and priorities.
Members must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the Member.
Receipts for tolls under six dollars ($6.00) are not required. Receipts are not required for parking meter expenses unless they are received in the normal course of business, but sufficient detail to verify expense shall be provide on the Travel Authorization and Expense Reimbursement form.
All expenses are subject to verification that they comply with this policy.
Expenses for which Members receive reimbursement from another entity are not reimbursable.
M. Violations
Violations of this policy, including falsifying expense reports, may result in any or all the following: (I) loss of reimbursement privileges; (2) demand for restitution to the City, (3) any other applicable state or federal penalties.