RESOLUTION NO. 11380
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING A N
EXPENSE AND REIMBURSEMENT POLICY
FOR CITY COUNCIL MEMBERS FOR ACTUAL
AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR OFFICIAL
DUTIES.
WHEREAS, in November, 2011, the City Council adopted an ordinance eliminating reimbursement for the Mayor and City Council members for actual and necessary expenses incurred in the performance of off icial duties, or to otherwise have such actual and necessary expenses paid for by the City, which applied prospectively to future Mayors and City Council members; and
WHEREAS, since the 2011 ordinance eliminated said reimbursements, it has been the experience of the City Council that the inability to be reimbursed for their actual and necessary expenses to conduct official business has undermined the Council Members’ ability to advance the legislative and financial interests of the City and has been detrimental to the City of Orange; and
WHEREAS, in an effort to enhance the stature , presence, and influence of the City , necessitated by issues and events having local, state and federal significance, the City Council adopted Ordinance No. 09 -21, pursuant to California Government Code Section 36514.5 , which provides the authority for the City Council to be reimbursed for actual and necessary expenses incurred in the performance of their official duties; and
WHEREAS, California Government Code Section 53232.2 requires the City Council to adopt a written policy for the reimbursement of actual and necessary expenses incurred in the performance of official duties; and
WHEREAS, California Government Code Se ction 53232.3 requires the City Council members to provide documentation and an expense report, and report out on the meetings attended at the expense of the local agency, following reimbursement for expenses incurred on behalf of the local agency; and
WHEREAS, this policy satisfies the requirements of California Government Code Sections 53232.2 and 53232.3, for purposes of state laws relating to the permissible use of public resources; and
WHEREAS, the City Council recognizes and affirms that any member of the City Council may elect to waive any or all payment for expenses incurred in the performance of their official duties that may be reimbursed under this policy, as authorized by the ordinance.
2 NOW, THEREFORE, BE IT RESOLVED , by the City Coun cil of the City of Orange as follows:
SECTION I:
That the “CITY COUNCIL REIMBURSEMENT POLICY FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES,” attached hereto as Exhibit “A,” is hereby adopted.
ADOPTED this ____ day of ____________________, 2022
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orang
EXHIBIT “A”
CITY COUNCIL REIMBURSEMENT POLICY FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES
PURPOSE
This policy governs payment for and reimbursement of actual and necessary expenses incurred in the performance of a City Councilmembers official duties, as authorized by the Government Code.
AUTHORIZED ACTIVITIES
Authorized expenses shall be directly related to activities that provide a direct benefit to the City, including but not limited to: the acquisition of information, education, training and skills that will further the City's ability to serve its residents; effecting positive changes to state and federal policies, statutes, and regulations that affect the City; and attendance in their official role as a representative of the Cit y at events of other governmental agencies, and businesses providing a direct benefit to the City. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
1. Meeting with representatives of local, regional, state and national government on issues directly affecting the City;
2. Attending educational seminars designed to improve the skill and information level of Council Members, in their role as a Council Member;
3. Attending training required by law, including ethics training (AB 1234) and sexual harassment training (AB 1661);
4. Participating in regional, state and national organizations whose activities directly affect the City's interests;
5. Attending City events, in their official capacity as a City Council Member; and
6. Attending events implementing a City strategy for attracting or retaining businesses to the City, which will typically involve at least one City staff member.
All other activities for which expense payment or reimbursement is sought require prior approval by a majority vote of the City Council.
AUTHORIZED EXPENSES
The following expenses are authorized to be paid for or reimbursed by the City:
Exhibit “A”
1. Transportation. Council Members shall use the most economical form of transportation reasonably available, consistent with the individual Council Member's travel and scheduling requirements.
A. Mileage for personal vehicles. The City will reimburse Cou ncil Members for the use of personal vehicles at the then -current U.S. Internal Revenue Service rate. The City will not reimburse Council Members for any other personal vehicle expenses. When calculating mileage, the City will use the lesser of (1) the dis tance from the Council Member's residence of record or (2) actual miles traveled. Mileage reimbursement shall not exceed the cost of the lowest available airfare.
B. Rental vehicles. The City will pay for or reimburse Council Members for the actual cost of rental vehicles if a rental vehicle is more economical than other forms of transportation.
C. Airfare and airport transportation. The City will pay for or reimburse Council Members for the actual cost of airfare in coach class. If necessary based on a Council Member's physical needs and/or the need to conduct meaningful work during a flight, the City Council has the discretion to approve payment/reimbursement of business class air travel or the equivalent. For trips exceeding 24 hours, Council Member s must use their personal vehicles to travel to and from the airport and utilize long-term airport parking. The City will reimburse Council Members for the cost of airport transportation by taxi (including Uber or Lyft), shuttle, ride share, or parking, as applicable.
2. Lodging. The City will pay for or reimburse Council Members for actual and necessary lodging expenses incurred in attending a conference, seminar or meeting. Council Members are expected to take advantage of any available government or group rate. The City will provide a TOT exemption certificate for the Council Member to present to the hotel. Lodging expenses are authorized only for events located outside of a 50 -mile radius of the City, or when the event begins before 8:00 a.m. or ends a fter 10:00 p.m. The City will reimburse Council Members up to the applicable U.S. General Services Administration per diem rate as set forth at gsa.gov/travel/plan-book/per-diem-rates.
3. Meals. The City will reimburse Council Members for actual and necessary dining expenses incurred while attending (1) a conference, seminar or meeting outside of the City; or (2) a City-related business meeting within the City. The City will reimburse Co uncil Members up to the applicable U.S. General Services Administration per diem rate for each separate meal as set forth at gsa.gov/travel/plan-book/per-diem-rates. The City will not reim burse Council Members for alcohol expenses. For group meals organized by others while attending authorized activities, the City recognizes that the actual per person cost may exceed these maximums and such additional expenses may be approved by the City Council.
4. Registration. The City will pay for or reimburse Council Members for the actual and necessary cost of registration for attendance at an authorized conference, seminar, training, or meeting.
Exhibit “A”
5. Incidentals. The City will reimburse Council Memb ers for actual and necessary incidental expenses incurred while conducting official business outside of the City, up to the applicable U.S. General Services Administration per diem rate set forth at gsa.gov/travel/plan- book/per-diem-rates. Reimbursable incidentals include tips for drivers, porters, bellhops, baggage carriers, hotel housekeepers, and internet access connections if necessary in the furtherance of conducting official City business.
6. Travel Arrangements. Due to individual preferences or needs, and unless otherwise arranged in advance by the City Manager, Council Members shall be responsible for arranging all travel, lodging and event registration for activities authorized pursuant to this policy.
UNAUTHORIZED EXPENSES
The City will not pay for or reimburse Council Members for the costs of:
Barber and/or beauty shop services;
Fines for traffic or parking violations;
Any person accompanying a Council Member;
Personal telephone calls;
Fitness/health facility use;
Alcoholic beverages;
Entertainment (theater, movies, sporting events);
Personal losses incurred while on City business
Other expenses not otherwise authorized by a majority vote of the City Council.
PAYMENT AND REIMBURSEMENT PROCEDURE
1. Notice to City Council. As soon as a Council Member is aware of his or her plans to engage in an authorized activity for which payment by or reimbursement from the City will be sought, the Council Member shall notify the City Council at its next regularly scheduled meeting, during Reports from Councilmembers. If a Council Member is seeking reimbursement for an expense that does not fall within the authorized expenses in this policy, the proposed expense shall be agendized for consideration by the City Council.
2. Reimbursement. Each Council Member seeking reimbursement must:
A. Present a brief report on the authorized activity attended to the City Council at its next regularly scheduled meeting, during Reports from Councilmembers. If multiple Council Members attended, a joint report may be made.
B. Prepare an expense report on a City form and submit it to the Finance Department, with a copy to the City Clerk, within 30 days after the expense being incurred. The expense report must (1) define the benefit of the expense to the City and document that the expense in question met the requirements of this policy; (2) include details of meeting or meal attendees and issues discussed; (3) identify the dates of travel and, for mileage reimbursement, actual miles
Exhibit “A”
traveled; and (4) be accompanied by receipts documenting each expense. Expense reports shall be maintained as a public record.
VIOLATION PENALTIES
California Government Code Section 53232.4 provides that penalties for the misuse of public resources or falsification of expense reports in violation of this policy include the following:
The loss of reimbursement privileges.
Restitution to the City.
Civil penalties for misuse of public resources pursuant to Government Code Section 8314. Prosecution for misuse of public resources, pursuant to Penal Code Section 424.