CITY OF PALO ALTO
Policy & Services Committee
Special Meeting
Tuesday, March 12, 2024
7:00 PM
Agenda Item
2. Discussion and Recommendation to Council on potential allocation of $2,000 annually from the City Council contingency fund to each Council member for expenditures consistent with defined purposes
Policy & Services Committee
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: March 12, 2024
Report #:2402-2688
TITLE
Discussion and Recommendation to Council on potential allocation of $2,000 annually from the City Council contingency fund to each Council member for expenditures consistent with defined purposes
RECOMMENDATION
Staff recommends that the Policy and Services Committee further discuss the referral from the City Council related to City Council Discretionary Expenditures and make a recommendation to the City Council for inclusion in the City Council Procedures and Protocols Handbook.
BACKGROUND AND ANALYSIS
On February 13, 2024, the Policy and Services Committee discussed a referral from Council regarding a potential provision of $2,000 annually from the Council contingency fund for each Council member for expenditures consistent with purposes to be defined by Council policy. At that meeting, the Committee indicated interest in defining permitted purposes as reimbursement for actual and necessary expenses incurred in performance of official duties.
The Committee voted to bring the item back to committee for further discussion of program details and to receive information about similar programs in neighboring jurisdictions.
State law, as specified in Cal. Govt. Code section 53232.2., authorizes expenditure of local funds to reimburse City Council members for “actual and necessary expenses incurred in the performance of official duties” and requires certain procedures for implementing such a policy.
Adoption of Written Reimbursement Policy
State law requires that the legislative body adopt a written policy specifying the types of occurrences that qualify for reimbursement. This encompasses expenses related to travel, meals, lodging, and other actual and necessary expenditures incurred in the performance of official duties. Other actual and necessary expenditures could include computer equipment, software, cellular phones, and subscriptions if used for primarily for performing official governmental duties with only de minimus (i.e. minimal) personal use permitted.
The policy may also specify the reasonable reimbursement rates. In the absence of specified rates within the policy, the local agency is required to follow the Internal Revenue Service's reimbursement rates for travel, meals, lodging, and other necessary expenses, as detailed in Publication 463. Furthermore, members of the legislative body must prioritize the use of government and group rates provided by transportation or lodging services for travel and lodging when such rates are available.
Expenses not covered by the established reimbursement policy, or the IRS reimbursable rates, must receive prior approval from the governing body in a public meeting before the expense is incurred. If a member of a legislative body chooses to incur additional costs that are above the rates established and those costs have not been approved by the legislative body, then the member of a legislative body may do so at their own expense.
Monitoring and Reporting Requirements
In accordance with Government Code section 53232.3, local agencies that reimburse members of a legislative body for actual and necessary expenses must provide forms for officials to report their expenses. Expense reports must document that reimbursable expenses meet the existing policy for expenditure of public resources. Members of the legislative body must submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and must include receipts documenting each expense.
Additionally, members must also provide brief reports on meetings attended at the local agency's expense at the next regular meeting of the body. Reimbursement records are public records and subject to disclosure on request.
Penalties For Violating Reimbursement Policies
Pursuant to Government Code section 53232.4, members who do not follow expense reporting policies may be exposed to the following penalties:
(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.
Amounts paid consistent with these procedures are excluded from salary that is otherwise subject to the maximums under State law (Govt. Code § 36516(e)) and the Palo Alto Charter, and complying with Sections 53232.2 and 53232.3, as well as any adopted City policy, will ensure that these funds are not counted as salary. Council has directed that salary be increased to the state-law limit, leaving no room, consistent with the current Charter provision, for additional funds should they be classified as salary.
Existing Reimbursement Policies
Under the City Council’s Procedures and Protocols Handbook and Management Compensation Plan, the Mayor and Vice Mayor currently respectively receive $150 and $100 monthly to defray additional expenses of these offices. Expenses are not currently documented. Council member travel expenses are covered consistent with the Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD), attached.
We have also reviewed reimbursement policies from neighboring cities such as Mountain View, Sunnyvale, Los Altos, Los Gatos, Redwood City. These policies all appear to comply with State law and would offer valuable insight in developing a reimbursement policy suitable to Palo Alto’s needs. Key considerations for developing a reimbursement policy include:
Budget Allocation: Determining the appropriate budget for reimbursable expenses. Review Process: Identifying the Department responsible for reviewing requests for reimbursement and issuing reimbursement checks.
Procurement Cards: Considering the issuance of procurement cards for certain City- related expenses.
Expense Reporting: Assigning the Department to receive and manage expense report forms.
Reimbursable Activities: Defining the scope of activities eligible for reimbursement and eligible rates.
Council Member Assistants
At the February 13 meeting, Committee members mentioned an interest in using funds for stipends for assistants retained by Council Members to support Council members in various aspects of their duties. Historically, the Palo Alto Council has not provided paid public employees to serve as staff for individual Council members. Council members who use assistants make their own arrangements privately. If public funds were used to compensate assistants, these individuals likely would need to be treated as public employees. This has significant implications the City’s governance model and raises many issues that would impact Council members, assistants, and City administrative staff (e.g. Human Resources) such as minimum wage applicability, supervisory responsibilities, scope of duties, and workplace requirements. Exploration of these issues is beyond the scope of this Council referral. If the Committee is interested in expanding the scope of this topic to include paid staff for Council members, this should be considered by Council as an additional referral.
FISCAL/RESOURCE IMPACT
The City Council contingency fund total allocation is determined each year through the budget process and this program proposes to dedicate some of those funds, thus this is not new funding. However, depending on the program parameters discussed, the appropriate means of budgeting and staff time resources to administer the program would need to be further assessed.
ENVIRONMENTAL REVIEW
Not a project.
ATTACHMENTS
Attachment A: Los Gatos Reimbursement
Attachment B: Mountain View Reimbursement
Attachment C: Sunnyvale Reimbursement
Attachment D: Los Altos Reimbursement
Attachment E: Redwood City Reimbursement
Attachment F: City Travel Policy
Attachment G: February 13, 2024 P&S Report on Council Discretionary Expenditures APPROVED BY:
Ed Shikada, City Manager
Attachment A
CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
PURPOSE:
ThisPolicyestablishestheguidelinesandstandardsregardingreimbursementof actual andnecessaryexpensesof theCity Councilincurredin theperformanceof officialCity duties.
1. Policy, LegislativeIntent, andGeneralRules
a. Councilmembers may incur miscellaneous expensesin fulfilling the responsibilitiesof anelectedofficial. All expendituresof publicfundsmust berelatedto theperformanceof City business. Councilmembersmaybe reimbursedfor actualandnecessaryexpensesincurredin theperformanceof authorizedCitybusinessandofficialdutiesin conformancewith thisPolicy. b. City funds, equipment, supplies (includingletterhead), titles, andstaff time mustonly beusedfor authorizedCity business, includingthe Document Processing Center, voice mail services, document imaging systems, computers, copymachines, etc.
c. Councilmembers, upon request, will beprovidedwith City procurement cardsor credit cards, which maybeusedonly for thepurposesandin the amountsprovidedfor in thisPolicyandtheProcurementCardPolicy 2-11.
Detailedreceiptsof chargesonCity purchasingcardsmustberemittedto the mannerin supportof themonthlystatements.
d. The amountsidentifiedin this Policy for eachspecificpurposecannotbe exceededor combinedwith anamountbudgetedfor anotherpurpose, nor mayamountsbecarriedoverfromoneyearto thenext.
Page1of 11
Attachment B
CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
2. AuthorizedExpenses
Expensesincurredin connectionwith thefollowing typesof activitiesgenerally constituteauthorizedexpenses, aslongastheotherrequirementsof thisPolicyare met:
a. Communicatingwith representativesof regional, State, and national governmentonCity-adoptedpolicypositions;
b.
knowledgelevelsdirectlyrelatedto Citybusiness;
c. Attending a conferenceor organizededucationalactivity conductedin compliancewith GovernmentCodeSection54952.2(c), includingethics trainingrequiredbyGovernmentCodeSections53234, ; etseq. d. Attendingameetingof anymulti-jurisdictionalgovernmentalbodyon which e. Attending anymeetingor providing serviceon a givendayat the formal requestof theCouncilor attendingotherregionaleventsor meetingswhere representingtheCityin anofficialcapacity;
f. Participatingin regional, State, andnationalorganizationswhoseactivities but not limited to, NationalLeagueof
Cities, Leagueof CaliforniaCities, Associationof BayAreaGovernments, SustainableCommunities, SantaClara Valley Transit Authority, or U.S.
Conferenceof Mayors;
g. AttendingCityevents;
h. ImplementingaCity-approvedstrategyfor attractingor retainingbusinesses to theCity, whichwill typicallyinvolveatleastonestaffmember; and Page2of 11
CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
i. Dinner or admissionexpensesfor a spouseor guestin accordancewith Section8.a.
3. ExpendituresRequiringCouncilApproval
Exceptassetforth in Section2, all otherexpendituresrequireprior approvalby the Council at a public meeting. Any questionsregardingthe propriety of a particulartypeof expenseshouldberesolvedbytheCouncilbeforetheexpenseis incurred.
4. ErroneousChargesof Payments
Expenseschargedto a City accountor paidin error that areunauthorizedper Section4.aandnonrefundableexpensesperSection4.b underthisPolicyshallbe reimbursedto theCitywithin30daysof notification.
a. UnauthorizedExpenses
Examplesof expensesthat theCity will not reimburseinclude, but arenot limitedto:
Thepersonalportionof anytrip; anyportion of thetrip not relatedto City business;
Expensesfor anyindividualotherthanthe Councilmemberon City- relatedbusiness, activities, or events, exceptassetforthinSection8.a; Entertainmentexpensesnot relatedto City business, for example:
theater, in-roommovies, sportingeventsor activities, personalservices, voluntaryevents;
Personalautomobile expenses, including repairs, traffic citations, insurance, or gasoline, with theexceptionof mileagereimbursement, pursuantto Section7.b;
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
PersonallossesincurredwhileonCitybusiness;
Expendituresof apersonalnature (incidentals, clothing, etc.); Reimbursementfor localmealsnotassociatedwith anovernightevent; Reimbursementfor political contributions or expensesfor events sponsoredby politicalorganizations, candidates, officeholders, or for otherpoliticalpurposes;
Charitablecontributions, expenses, or events;
Expensesreimbursedby otherorganizations. Expensesfor whichaCity Councilmemberreceivesreimbursementfrom anotheragencyarenot reimbursable. Theamountof travelexpensereimbursedto theCity by organizationssuchastheU.S. Conferenceof Mayors, NationalLeagueof Cities, Leagueof CaliforniaCities, or otherorganizationsfor travelby a Councilmember shall be credited to the travel budget of that Councilmember;
b. Reimbursementsof NonrefundableExpenses
Councilmembersmust reimbursethe City with personalfunds for any nonrefundableexpensesif theyregisterfor anevent (e.g., conference, dinner meeting, etc.) butdo not attend, unlesstheydesignatea substituteattendee, or if theycannotattendastheresultof apersonalillnessor emergency, which islimitedto onepaideventperyear.
5. ManagementDevelopmentFunds
Councilmembersareeligiblefor ManagementDevelopmentFunds, whichmaybe combinedwith amountsprovidedunderthisPolicy, asfollows:
a.
ManagementDevelopmentPolicyNo. 3-2.
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
b. Amountsshallbethesameasunrepresentedemployees.
c. Travel Fundsmaynot beusedto supplementManagementDevelopment Funds.
6. Equipment, Supplies, andCommunicationExpenses
a. MiscellaneousSupplies
Thefollowingsuppliesandmaterialsareavailableto Councilmembersat City Hallfor usein conductingofficialCitybusiness:
A card key for access to City Hall, to be returned when a Councilmemberleavesoffice;
Miscellaneousoffice suppliessuchaspaper, writing materials, digital storagedevices;
Businesscards.
b. CitySouvenirs
City souvenirsareintendedfor official distribution. A log sheetdescribing the type and number of itemsrequestedby a Councilmembershall be maintainedby theCity Clerkandcopyof thelog shallbedistributedto the Councilquarterly or semiannually. Souvenirsshallbe regulatedto the followingtypesof items:
OneCity logoitemperyear, at thediscretionof theMayor, is included aspartof theCityCouncilbudget.
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
c. CommunicationCostsandAllowances
Communicationtools (e.g., telephones, fax lines, cell phones, data plans, computersandInternetaccess) arenecessaryfor Councilmembersto fulfill theirresponsibilitiesof communicatingwith constituents, Citystaffmembers, andothersin thecourseof City business. EachCouncilmembershallreceive an annual communication budget, and the Mayor shall receive a supplementalamountasadoptedby the Council in the annualAdopted Budget. Thisbudgetedamountis intendedto coverall telecommunication costsincluding telephones, fax lines, cellphones, dataplans, computers, Internetaccess, etc.
A communications allowance or stipend shall be provided to each Councilmembersemi-annuallybasedon theamountincludedin theAdopted Budgetfor cellular telephonesandtablet devices. The communication allowanceshallbea reasonableamountto representthereimbursementfor actualcostsassociatedwithtelecommunicationitemsnotedabove.
For all othercommunicationcosts (e.g., telephone, fax lines, computerdata plans, and Internetaccess), amountsshallbe reimbursedbasedon actual costsanddetailreceiptsshallberequiredfor allreimbursementclaims.
Suchitemsusedshallbefor businesspurposeswith a amountofdeminimis personalusageallowed. Amountsprovidedaresubjectto IRS regulations andguidelines.
d. Per-TermAllowances
Councilmembersmusthaveofficeequipmentto dischargetheir functionsand communicatewith staff. For eachtermof office, Councilmemberswill be reimbursedby providing supporting documentation, up to the amount adopted by the Council for office equipment. Amounts may not be combined. Anyunspentamountsdonotcarryforwardto asubsequentterm.
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
Computer, PrinterandPeripheralEquipment, FaxCopier, Answering Machine, Cellular Phone, Pager, PersonalDevices (suchasa smart phone, tablet, laptop, etc.), andtheactualcostsof installingupto two (2) telephonelines, incurredafterelectionto theCouncil: amountperterm asincludedin theAdoptedBudgetfor thefiscalyearelectedto office.
Reimbursementfor warrantyplansor repairsof officeitemsis allowed.
Allowancemaynotbeusedfor monthlyserviceor usagecharges.
7. CouncilTravel, Meals, andLodging
All expensesmustbeincurredin thecourseof officialCouncilmemberdutiesfor the City. The expensesdescribedin this sectionshall not exceedthe budget allocatedto eachCouncilmemberin Section9 of thispolicy. All expensesand reimbursementclaimsmustbedocumentedwith detailedreceipts; however, a City IncidentalExpenseReceiptFormmaybeusedto claimreimbursementfor thoseincidentalexpensesfor a receiptwhich is lost or not normallyprovided.
Expensespermittedwhiletravelingoutsideof theCity include, butarenotlimited to, thefollowing:
a. Airfare. Transportationcoststo andfromtheauthorizeddestinationshallnot exceedeconomy-classairfareunlesssuchfareisnotavailable. b. AutomobileMileage; Parking; Tolls. Parking, bridge, and road tolls includingFasTrakandmileage (whichshallberecordedandreimbursedat thecurrentInternalRevenueServiceratefor nonitemizedtravel)). \[NOTE:
See .\] . www.irs.gov
c. CarRental. Rentalratesmustbe the bestavailablerate for a midsizeor smallercar.
d. Taxis/Shuttles. Taxior shuttlefares, includinga15percentgratuityperfare, whenthecostof suchfaresis equalto or lessthanthecostof carrentals, mileage, andparkingcombined, or whensuchtransportationis necessaryfor timeefficiency.
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
e. Airport Parking. Long-termparkingmustbeusedfor travelexceeding24 hours.
f. Baggage. Baggagefeesfor upto twopiecesof checkedbags. g. TelecommunicationCharges. Officialbusinessincurredwhentravelingsuch asfaxing, photocopying, or computerservice; andothernormal, necessary, andreasonableexpenses.
h. Lodging. If lodgingisrequiredin connectionwith aconferenceor meeting, lodgingexpensesshallnot exceedthemaximumgroupratepublishedbythe conferenceor activitysponsorfor themeetingif suchratesareavailableatthe timeof booking. If thegrouprateis not available, theCouncilmembershall usecomparablelodgingatthebestavailableratefor thatarea. i. Meals. Mealexpenses, associatedgratuities, andincidentalsup to a total of OneHundredDollars ($100) perday, with detailedreceiptsprovided.
8. LocalandMiscellaneousExpenses
a. Guests. Dinner or admissionexpenseswhich requirea Councilmembers attendanceasanofficial representativeof the City andat which a guest wouldbeinvitedto attend, is permitted. EachCouncilmemberisallowedto utilizehisor herexpenseaccountfor guestexpensesfor a maximumof four events. TheMayoris allowedtwo additionalguestexpensesfor a totalof six events.
b. LocalMeals. Costsincurredby a Councilmemberfor localmealsor lunches in thecourseof meetingwith constituents, staff, or otherCouncilmembersare not reimbursable
procurementcard.
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
c. AdmissionCost. Theportionof thecostof admissionor aticketor donation to aneventwhichrepresentsa charitable, political, or othercontributionis notanauthorizedexpenseandnotreimbursable.
d. ProfessionalDevelopment. Costsincurredfor professionaldevelopment seminars, publications, andmemberships) relatedto a Councilmembers dutiesasanelectedofficialmaybereimbursedasprovidedfor
Professional/ManagementDevelopmentProgramPolicyandthispolicy, and arethesameamountasprovidedto unrepresentedemployees.
9. Budget
a. AnnualCouncilBudget. Theannualbudgetfor theCouncilexpensesshallbe recommendedby a subcommitteeof the Council andapprovedby the Councilin theannualCity budget.
b. MayorsBudget. A supplementalamountmaybeallocatedto theMayorto beusedasa contingencyfor theadditionaldutiesof theoffice. Becausethe term of the Mayor doesnot coincidewith the fiscal year, the incumbent Mayor will beallocatedone-half of this amountfor eachof the two fiscal yearsin office.
c. BudgetAdjustments. Outgoing Councilmembersshallbe allocated50 percentof the budgetfor their seat. Incoming Councilmembersshallbe allocated50percentof thebudgetfor theirseat.
d. TrainingandConferenceReserve. A trainingandconferencereserve (the Reserve) accountshallbeestablishedin anamountapprovedby theCity Council. TheReservemaybeusedby anyCouncilmember, Mayor, or Vice Mayorwho hasexhaustedtheamountbudgetedfor Training, Conference, andTravelfor theirseat, for apurposeconsistentwith thisPolicy. TheMayor or Vice Mayor must give prior approval for use of the Reserve by Councilmembersin accordancewithSection10.d.
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CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
e. CouncilmemberBudgets. Followingadoptionof the annualbudget, upon request, staff will work with eachCouncilmemberto developanannual budgetwithin theallocatedamountfor eachmemberin orderto provide a monitoringtool for Councilmembers.
f. No Transferof CouncilmemberBudget. Thebudgetamountallocatedto a Councilmembermaynotbeusedto payfor theexpensesof, or transferredto, anotherCouncilmember.
g. Amendment. ThebudgetmaybeamendedbytheCouncilatanytime.
10. MonitoringandReporting
a. ExpenseReport. All expensesand claims for reimbursementshall be submittedto theFinanceandAdministrativeServicesDepartmenton City expensereportformswithin 60daysof theincurredexpense, andwithin the fiscal year in which they were incurred. All expensereports shall be accompaniedby detailedreceiptsand shall documentthat the expenses complywith this Policy for expenditureof publicresources. Inability to providesuchdocumentationin a timely mannermayresultin theexpense beingbornebytheCouncilmember. All expensereportsaresubjectto audits. b. TrackingExpenses. Expensesof Councilmembersaretrackedindividually againstthebudgetedamountandreportedto Councilmembersasrequested. c. ReceiptsRequired. Detailed, itemizedreceiptsarerequiredfor all expenses andreimbursementclaims.
d. Useof ReserveExceptasOtherwiseProvidedin Section9.d of this Policy.
TheMayor, or ViceMayorin theabsenceof theMayor, mustapproveuseof theReserveunderSection5.d of thispolicyandshallinterpretanyquestions of policy, legislativeintent, andinterpretationof a questionedexpenditure consistentwith thisPolicy. NeithertheMayor nor Vice Mayor maymake interpretationsor determinationsregardingtheirownexpendituresor useof the Reserve. TheVice Mayormustapproveanyuseof theReservefor Page10of 11
CITY COUNCILPOLICY
SUBJECT: CITYCOUNCILPOLICYGOVERNINGEXPENSESOFTHE NO.: A-2
COUNCIL
expendituresof theMayor. Disputesmaybeappealedto theCouncilFinance CommitteebyindividualCouncilmembers.
e. PersonalResponsibilityfor Payment. Expendituresin excessof thebudget amountsor any expenditurenot in compliancewith this Policy is the responsibilityof theindividualCouncilmember.
f. Reportto theCouncil. Eachofficialshallbrieflyreporton meetingsattended at City expense at the next scheduledCouncil meeting. If multiple Councilmembersattended, ajointreportmaybemade.
11. Violationof ThisPolicy
Useof publicresourcesor falsifyingexpensereportsin violationof thisPolicymay result in any or all of the following: ( 1) loss of procurement card and/or reimbursementprivileges; (2) a demandfor restitutionto theCity; (3) the Citys reportingtheexpensesasincometo theelectedofficial to StateandFederaltax authorities; (4) civil penaltiesof upto $1,000perdayandthreetimesthevalueof theresourcesused; and (5) prosecutionfor misuseof publicresourcespursuantto Section424of thePenalCode.
Revised: March21, 2017, ResolutionNo. 18129
Revised: April24, 2007, ResolutionNo. 17203
Revised: June22, 2004, ResolutionNo. 16904
Revised: November19, 2002, ResolutionNo. 16748
EffectiveDate: July29, 1963
CNLPOL
A02-CP
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COUNCIL POLICY MANUAL
7.4.2 – Page - 1
Policy 7.4.2 Council Equipment, Materials, and Supplies POLICY PURPOSE:
It is the purpose of this policy to establish guidelines and standards regarding the provision of supplies and materials for Councilmembers.
POLICY STATEMENT:
I. Certain supplies and materials are required by Councilmembers to discharge their functions. The City Manager shall make available to Councilmembers the following materials and supplies when requested, which shall be used predominantly for City business and only incidentally for personal use:
A. The means to access City Hall, both the Office of the City Manager administrative suite as well as the Council conference room.
B. One file cabinet (upon request) per four -year term to be returned to, or purchased from, the City at market rate when a Councilmember leaves office.
C. Customary office supplies and business cards for official City use. Individual Councilmembers shall have the choice of business cards from a set of standard City options. Councilmembers shall not use business cards that do not reflect their official position or title (i.e., Mayor, Vice Mayor, or Councilmember) at the time of use.
D. A technology allowance in the amount of $1,720 per Councilmember per four - year term for the purchase of equipment including, but not limited to, a personal computer; printer; laptop; fax; or mobile electronic device, such as a cell phone, tablet, or notepad. Equipment purchased with this allowance shall be consistent with standard City issue, or approved by the Director of Information Technology, and shall be returned to or purchased from the City at market rate when a Councilmember leaves office. An amount not to exceed $79 per month (non- taxable) shall be reimbursed for monthly service charges for equipment purchased under this policy.
1. C om
mencing on January 1, 2022, and annually on January 1 thereafter, the technology allowance and monthly service charge reimbursement shall increase by a percentage equal to the percentage increase in the preceding October’s twelve -month rolling average of the Consumer Price Index - Urban (CPI-U), or successor index, for San Francisco -Oakland-San Jose, as determined by the United States Depar tment of Labor, Bureau of Consumers. The CPI-U base index year shall be calendar year 2021.
Attachment C
COUNCIL POLICY MANUAL
7.4.2 – Page - 2
CPI-U Adjusted Amounts
Year Technology Allowance Service Charge Reimbursement
2021 $1,720 $79
2. Public Records Act and Brown Act issues are associated with the use of these types of equipment. To the extent the equipment is used for the performance of official City business, much of the data contained in the equipment is public property and considered a public record, therefore subject to all Public Records Act and Brown Act policies.
E. Newly-elected and incumbent Councilmembers shall receive one City logo branded piece of clothing per Council term year, style to be chosen by individual Councilmembers from standard choices available. Newly -elected Councilmembers will receive their first piece of clothing in the first quarter following the certification of election results. In the first quarter of the cale ndar year, a request for style preference will be sent to newly -elected and incumbent Councilmembers from the Executive Assistant to the City Council in preparation of ordering shirts for the next calendar year.
F. Newly-elected Councilmembers, or Councilmembers who have changed titles after a Council election, shall receive a City name badge reflecting their new title.
G. Technical Support . Technical support to maintain and facilitate the use of equipment is limited to official duties. Support will only be provided for equipment purchased in accordance wi th section I.D. of this policy, and only at the same level as is provided to City employees. Councilmembers must bring equipment to City facilities for repair or on -site maintenance. The Executive Assistant to Council coordinates the transport and return o f equipment to be serviced by IT staff.
(Adopted: Council Policy Update, RTC #14-0061 (November 25, 2014); Amended RTC #15-0317 (April 7, 2015); RTC #21-0099 (January 12, 2021))
Lead Department: Office of the City Manager
For reference, see also:
• Council Policy Manual 7.4.1, Section II, Implementation • Council Policy Manual 7.4.11, Council Files
• City Charter, Section 807, Prohibition Against Councilmanic Interference • Code of Ethics and Conduct for Elected Officials
COUNCIL POLICY MANUAL
7.4.4 – Page - 1
Policy 7.4.4 Council Travel and Conferences
POLICY PURPOSE:
It is the purpose of this policy to define the City’s expectations of Councilmembers who travel in connection with their work responsibilities and to clarify which expenses the City will fund and which expenses are considered the personal responsibility of the traveler.
POLICY STATEMENT:
The City expects to pay all reasonable costs incurred by Councilmembers traveling on approved City business; travel is a privilege and not a right conferred by election; Councilmembers are expected to use sound fiscal stewardship when expending public funds, and to travel in the most logical and least expensive manner possible.
I. Authorization.
A. Mayor approval (or Vice Mayor for Mayor) is required in advance of any Councilmember travel that requires a commitment of City funds.
Authorization shall be sought via submittal of a Travel Authorization Request (TAR).
B. Any denied travel shall be accompanied by the reason(s) for denial , which shall be limited to the following:
1. Requesting Councilmember has insufficient funds to pay for t he intended travel. (See Section II, Council Travel Budgets, below.)
2. The purpose of the intended travel does not meet one or more of the following:
a. Represent the City in a Council -approved/ratified
Intergovernmental Relations role.
b. Advocate official City positions on key legislation, polic ies or programs.
c. Attend a conference or meeting arranged by an
organization of which the City is a member.
d. Conduct presentations at a conference or workshop with the goal of improving the efficiency and performance of
government in general.
COUNCIL POLICY MANUAL
7.4.4 – Page - 2
e. Become better informed regarding key legislation, policies or programs impacting local government.
3. Failure to adhere to the provisions of this Council Policy 7.4.4. (i.e., not submitting expense forms or receipts on time).
II. Travel Budgets.
A. Council shall establish travel budgets as part of the annual City budget process.
B. Travel budgets for Councilmember s up for election or due to leave office in any particular year shall be prorated to ensure adequate travel funds are available for incoming Councilmembers. The percentage of travel funds allocated to outgoing /incoming Councilmembers shall be determined by staff and based on ensuring the ability of whoever is in office at the time to attend the scheduled dates of the National League of Cities (NLC) Congressional City Conference; the NLC Congress of Cities and Exposition; and the League of California Cit ies’ (LCC) Annual Conference and Exposition. Any unspent funds allocated to an outgoing Councilmember’s seat shall be carried over to the incoming Councilmember’s budget. The Mayor’s budget will be allocated similarly.
C. Each Councilmember will be provided with an update of his/her travel budget, including balance and itemization of expenses on a monthly basis by the Executive Assistant to Council. T he Mayor (who authorizes payment of expenses) will also receive the same information on each Councilmember’s expenditures. The Executive Assistant to Council shall send a notification to any Councilmember whose budget is close to being overdrawn, copying the Mayor , the City Manager , and the Assistant City Manager.
D. Councilmembers shall not exceed authorized amounts budgeted for travel.
Any and all travel expenses in excess of a Councilmember’s approved budget shall be reimbursed to the City by the Councilmember.
E. Mid-year increases in travel budgets are discouraged and shall generally be considered only if Councilmembers can demonstrate that additional amounts are for unforeseen expenses that could not be anticipated prior to the initial adoption of the annual travel budget.
F. There are two ways for a Councilmember to increase his/her approved travel budget:
1. The adopted travel budget can be amended on a case -by-case basis during the fiscal year by approval of the City Council at a public
COUNCIL POLICY MANUAL
7.4.4 – Page - 3
meeting. Councilmembers desiring an increase in their annual travel budget shall provide an estimate of the additional amount prior to actual travel or expenditure of funds . Justifications for the budget increase shall also be included with t he request for additional funds. All increases in travel budgets must be approved by a majority vote of the full Council prior to actual travel or expenditure of additional funds.
2. Councilmembers may choose at any time to relinquish a portion of their unspent travel budget to another Councilmember. Any Councilmember wishing to do so shall notify the Executive Assistant to Council and the City Manager in writing. Otherwise, the remaining balance of unspent funds at the end of the fiscal year shall return to the General Fund.
G. Any carryover of Council travel budgets from one fiscal year to the next shall require the approval of the Council during the annual carryover process.
III. Travel Arrangements.
A. Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. Registration for conferences and training shall be made far enough in advance to take advantage of early (discounted) fees, and to avoid late registration fees. If travel arrangements must be canceled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent the City from incurring unnecessary costs when possible.
B. Unless Councilmember’s opt to book their own travel, staff shall makes arrangements for City Council travel including registrations, transportation and lodging, and travel cash advances (if requested by the Councilmember). Staff shall prepare a travel information packet for each Councilmember traveling to any of the main annual conferences: the National League of Cities (NLC) spring and fall conferences, the L eague of California Cities (LCC) annual fall conference, and the U.S.
Conference of Mayors (USCM) spring and summer conferences.
IV. Transportation.
A. Travelers shall use whatever mode of transportation is the most logical and least expensive. If a Councilmember elects to use a mode of transportation other than the most logical and least expensive, the City shall pay only the cost of the most logical and least expensive mode.
COUNCIL POLICY MANUAL
7.4.4 – Page - 4
B. Air Travel . C ouncilmembers shall not limit their air travel op tions by specifying an airline. The airline offering the lowest fare for a logical route shall be selected.
C. Use of Private Vehicles . Councilmembers shall be compensated for the use of their private vehicles for approved business travel at the current IRS standard mileage rate, provided that it is the most logical and least expensive method of transportation. The City sha ll pay all exp enses, such as bridge tolls and parking fees, incurred as the result of a Councilmember’s authorized use of a vehicle while traveling on City business. Councilmembers requesting reimbursement for the payment of such expenses shall obtain receipts and subm it them with their Travel Expense Reports. To drive a City or privately owned vehicle on City business, Councilmembers must possess a valid California driver’s license. A driver of a privately owned vehicle must also carry adequate liability insurance cove rage, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
D. Train and Other Mass Transit . Councilmembers shall be compensated for train or other mass transit fares and fees provided that it is the most logical and least expensive method of travel.
E. Ground Transportation at Destination. Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses, local shuttle services or public transportation, if available and logical. Taxi or car service may be used when no other convenient, less costly mode of transportation is available.
F. Rental Vehicles. Rental vehicles shall be used only when no other mode of transportation is available or when alternate transportation would be more expensive or impractical and must be authorized in advance. If a rental vehicle is authorized, Councilmembers shall request the least expensive vehicle category that meets their needs. Optional insurance offered by the rental agency should be declined.
V. Lodging.
A. The City shall pay lodging expenses for approved travel, including the evening preceding or subsequent to a meeting or business event when the Councilmember would otherwise have to travel from his/her residence before 6 a.m. or after 9 p.m. to reach or return from his or her destination.
B. When there is not a specific lodging site associated with official City business, the City shall pay for actual lodging expenses up to the General Services Administration (GSA) maximum rate allowed by location
COUNCIL POLICY MANUAL
7.4.4 – Page - 5
(http://www.gsa.gov/portal/category/21287). Note that the GSA maximum rate applies to the base room rate only, and does not include taxes. Every effort shall be made to obtain lodging at or near the facility where official City business is to take place to minimize travel time and transportation costs. The lodging should also be clean, safe and appropriate for business travel. Government rates are often available and should be sought.
C. The City shall pay only for standard single rooms at conference, government or corporate rates. The City sha ll pay additional charges for a double room only if two Councilmembers share the room. Additional charges arising from the registration or the sharing of a room with a spouse or guest are not reimbursable.
D. Councilmembers shall notify the Executive Assistant to Mayor and Council regarding any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the Councilmember’s personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the Councilmember’s control.
VI. Meals.
A. The City shall pay for a Councilmember’s meals during authorized travel, including tax and tips, up to the per diem amount established by the GSA for the destination location (available at:
http://www.gsa.gov/portal/category/21287
—“Meals Breakdown”), except
that the City shall not pay for the following:
1. Breakfast on the first day of travel.
2. Meals that the Councilmember elects to purchase from another source when the meals are included in the cost of a conferen ce, training registration fee, or hotel stay.
3. Alcoholic beverages.
B. The City sha ll pay for meals during partial days of travel on a pro -rated basis, as follows:
1. If the partial day includes t ravel before 8 a.m., the City sha ll pay for breakfast.
2. If the partial day includes travel between 11 a.m. and 1 p.m., the City shall pay for lunch.
3. If the partial day includes t ravel after 5 p.m., the City shal l pay for dinner.
COUNCIL POLICY MANUAL
7.4.4 – Page - 6
C. Any meal reimbursement where a Councilmember is not required to tr avel away from home overnight sha ll be taxable in the amount of the meal reimbursement under Internal Revenue Code Section 162(a) (2).
VII. Miscellaneous Fees/Business Expenses.
A. Gratuities/Tips. The City sha ll pay reasonable and customary gratuities and ti ps during City business travel. Tips for meals are included in the standard per diem rate.
B. Business Expenses. The City sha ll pay for goods and/or services deemed necessary for the completion of official business, such as faxes, copier and computer usage, etc.; for Internet usage at actual cost and fo r all business telephone calls. Cellular phones are often more cost -effective than using hotel phones directly and should be considered as a primary option.
Collect calls should be avoided. Fees which include use of local calls, wireless internet ac cess, or other such amenities shall be covered by the City. The City sha ll also pay for printed materials, tapes or other training materials that may be available for sale at training, conferences, etc., provided that the materials a re of b enefit to the City and sha ll remain the City's property.
C. Baggage Fees. If the airline charges for all checked baggage, the City shall cover the cost for one checked bag only. Excess baggage charges are not reimbursable.
D. Personal Expenses . Personal expenses shall not be paid by the City. In addition to those items identified as personal expenses throughout this policy, personal expenses include personal telephone calls, in- room movies, spas and gyms, optional recreational events in connecti on with a conference, laundry or dry cleaning, miscellaneous sundries, or other items of a personal nature. Personal travel shall not be mixed with business travel if it will cost the City or harm the City’s interest in any way. The City sha ll not pay for any expenses of a spouse or other person who accompanies a Councilmember on business travel.
VIII. Payment of Expenses.
Councilmembers may pay for allowable travel expenses by requesting a travel advance in an amount up to the total estimated expenses for the tr ip minus any pre-paid expenses. Allowable expenses may also be paid out of pocket and reimbursed upon completion of travel.
IX. Settlement of Expenses.
COUNCIL POLICY MANUAL
7.4.4 – Page - 7
A. Within three weeks of a Councilmember's return from a business trip, a final accounting of all expenses associated with the trip shall be made by completing a Travel Expense Report, and an associated Mileage Reporting Form, if applicable, attaching original receipts substantiating all reported expenses with the exception of meals, and submitting the report to the Executive Assistant to Mayor and Council.
B. If the Councilmember received a travel advance and actual expenses were less than the amount advanced, any unused amount of the travel advance shall be returned to the City via a payroll deduction. Should a Councilmember who has received a travel advance fail to submit a Travel Expense Report within three weeks of return, the Department of Finance may deduct the amount of the travel advance from the Councilmember's next pay check unless the Councilmember can verify timely submission of paperwork or an extension has been requested and approved with valid reason.
C. If the Councilmember personally paid for allowable business tri p expenses, the City shall reimburse the employee through the bi -weekly payroll process. Reimbursement of travel expenses received from an outside source must be forwarded to the Executive Assistant to Mayor and Council upon receipt.
D. The Mayor's signature is required as approval of Council expense statements. The Vice Mayor approves the Mayor's expense statements.
E. To the e xtent that another agency or organization pays for the travel or conference expenses of a Councilmember, the City shall not pay for those same expenses. Councilmembers shall either submit the other agency’s payment to the City (in which case the City shall pay for the Councilmember’s entire expenses), or refrain from claiming expenses for that portion of his/her expenses paid for by the other agency.
F. For multiple Council meals paid for by a single Councilmember, the total expense for the meal shall be submitted on the expense report of the paying Councilmember, along with a written breakdown of amounts to be charged to the budgets of other Councilmembers.
B. When Councilmembers attend a group dinner where the individual cost of each meal is unavailable, the Mayor shall determine a fair and equitable method of distributing the charges among the various Councilmembers in attendance. The City may pay for meals of official guests of the Council.
Costs for meals of guests in vited by a single Councilmember shall be charged to the individual Councilmember’s budget. The cost of meals for guests invited by the Mayor or four or more Councilmembers shall be paid
COUNCIL POLICY MANUAL
7.4.4 – Page - 8
by the City out of the Council program budget but need not be charged to any Councilmember’s travel budget.
X. Exceptions to the Policy.
This policy does not claim to address al l contingencies and conditions. However, any exception requires Mayoral approval via a Travel Authorization Request (TAR) for anticipated/known except ions or via a Travel Expense Report for unanticipated/unplanned expenses. Requests for exceptions should be accompanied by the traveler’s written justification for the expense.
Examples of exceptions to this policy include, but are not limited to, the following:
• Unusual business expenses;
• Per diem and/or lodging expenses which exceed GSA limits; • The purchase of one or more meals from another source even though they were included in a conference and/or seminar registration fee; • The use of an alternate mode of transportation under the Americans with Disabilities Act;
• Travel costs in excess of budgeted amounts.
XI. Audits.
The Department of Finance shall conduct periodic audits to ensure compliance with this policy. Audit results shall be submitted to the Mayor and City Manager.
(Adopted: Council Policy Update, RTC #14- 0061 (November 25, 2014) ; Adopted: RTC #15- 0343 (May 12, 2015))
Lead Department: Office of the City Manager
For reference, see also:
• 7.4.1, Staff/Administrative Support for Councilmembers • 7.4.12, City Council Appointments to Intergovernmental Agencies • 7.4.15, Council Advocacy
• City Charter, Section 807
• Code of Ethics and Conduct for Elected Officials
CITY OF LOS ALTOS POLICY AND PROCEDURE
TRAINING AND TRAVEL EXPENSE POLICY
FOR MEMBERS OF LEGISLATIVE BODY
PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the authorization and administration of public funds for travel expenses and reimbursements for official City business as they apply to members of legislative bodies. For ease of reading, members of legislative bodies refers to Mayor, Vice Mayor, Council members, and Commission members in the following policy. Additionally, meetings can refer to any meeting, seminar, training, or conference in the following policy.
All travel paid by the City shall be for business and training purposes that is of value to the City and its residents. All expenses incurred while on City business shall constitute actual and necessary expenses that are reasonable and justified use of public funds. When traveling, members shall choose the most cost efficient, direct and economical travel options available. This policy shall be consistent with AB 1234.
City officials shall keep in mind that some expenditures shall be subject to reporting under the Political Reform Act and other laws. All agency expenditures are subject to disclosure under the Public Records Act.
POLICY
The purpose of this policy is to establish business travel guidelines for members that are fair, accountable and transparent. This policy addresses the criteria for City payment of travel expenses and/or advances incurred by the member. Only the authorized members are eligible for reimbursement.
This policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources. This policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws.
City funds, equipment, supplies, and staff time must only be used for authorized City business and shall not exceed the adopted budget appropriation.
The Council's training and travel budget shall include a separate appropriation for all Council members to attend the League of California Cities Annual Conference.
INTERNAL CONTROLS
In order to safeguard public funds, all of the following internal controls shall be followed by all members that incur expenses while traveling on City business:
Attachment D
All members are responsible for reading and complying with this policy;, All training and travel expenses shall be properly authorized by the legislative body in advance of travel, except in emergency by the City Manager;,
The duties between the travel authorization and reimbursement payment shall be properly segregated;,
All training and travel expenses shall be properly supported by adequate documentation;, All reimbursement claims shall be filed in accordance with the policy;, If an advance check is provided, the member shall make certain the amount corresponds to the total estimated expenses minus any prepayment;,
It shall also be the responsibility of the member to be aware of and understand the estimate of expenses established by the estimate. The member shall monitor expenses to ensure they are within the estimated amount unless unusual circumstances exist and if so, document such circumstances;, Prior to any travel during which reimbursable expenses will be incurred, the member shall estimate the expenses which will be incurred as a direct result of the travel and attendance at the training or conference;, and
It shall be the responsibility of the member incurring the expenses to provide the proper documentation for each expense, including receipts as required.
GENERAL GUIDELINES
Allowable Expenses
1. Allowable expenses are those that are properly authorized and shall include, but are not limited to, authorized business expenses incurred while engaging and/or participating in the following activities and/or events, which meet the criteria listed below:
The meeting is mandatory and/or necessary to accomplish key City goals and objectives. Such activities include, but are not limited to:
Participating in and attending meetings of regional, state and national organizations whose activities affect the City’s interests;,
Attending educational seminars designed to improve skill and information levels that may be benefit to the City;, and
Attending business meetings, functions of local civic or community organizations where there is a clear nexus between the event and their official City duty, i.e., not purely social events.
If the training location requires an overnight stay, efforts shall be made to ensure no local option is available. Government rates shall be used when available. Attendance at conferences and travel time to and from the conference shall receive prior approval from the legislative body.
Registration fees will be fully paid by the City via check or credit card. Any discounts offered for early registration or attendance by additional persons shall be obtained whenever possible.
PROHIBITED EXPENDITURES
1. The following are examples, but are not all inclusive, of personal expenses for which the City shall not reimburse the member, even when incurred in conjunction with other approved reimbursable expenses:
Receipts that are not itemized;,
Any expenses that have not been properly authorized;, Double-dipping of expenses (submitting the same expense for reimbursement more than once through the same or various means);,
Expenses incurred as a result of supplemental personal travel;, Political or charitable contributions or events;,
Family or companion expenses, including those related to child or pet care;, Entertainment expenses;,
Meals for any person other than the member;,
Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline;, air flight upgrades
Personal losses incurred while on City business;,
Inaccurate receipts that are greater than the reimbursable cost of the item;, Alcohol and gambling expenses;,
Traffic and toll violations;, and
Any expenses incurred by individuals that are not members;.
2. Payments for travel and expenses shall be requested as an advance, prepayment or reimbursement of appropriate expenses for lodging, food, transportation and incidental expenses. Reimbursement of expenses shall be made only for members; no reimbursement is allowed for non-members accompanying the attendee.
3. All reimbursement claims or advances for travel and expenses (including registration) shall be accompanied by sufficient supporting documentation including properly approved Request for Travel Authorization Form, original receipts, copies of registration forms, invoices, cancelled checks or notation for any receipts that are lost. An exception to this requirement is listed under section entitled Meal Costs.
LODGING, MEALS AND TRANSPORTATION
Airfare
1. Use of air, train, private automobile, or other mode of transportation shall be selected on the basis of the least expensive option for the City. Government and group rates shall be used when available.
2. Transportation costs to and from the authorized destination shall not exceed advance purchase economy class airfare unless such fare is not available. Members shall inquire as to any government discount the airlines may provide. The City shall not pay for upgrades (e.g. seat upgrades or early boarding options) without prior approval from the legislative body.
3. Members shall receive reimbursement for additional expenses (checked bags, travel insurance, etc.) with prior authorization.
Automobile
1. Automobile mileage shall be reimbursed at the rate set by the Internal Revenue Service (IRS) in effect at the time of travel and will be reimbursed for the distance between home and the destination or work and the destination, whichever is less. The Finance Division shall be responsible for determining the applicable rate at the time of travel. This amount does not include bridge and road tolls, which are reimbursable at actual rates. Mileage reimbursement shall be submitted within thirty (30) days of travel.
2. If a personal vehicle is used to and from the airport, the actual mileage shall be reimbursed. If a personal vehicle is left at the airport, the reimbursement shall be the lesser of the following: round trip and parking costs compared with shuttle transportation.
3. The necessity for a rental car must be established and authorized in advance by the legislative body.
Only economy car models shall be rented, unless the upgrade is provided at no additional cost to the City. Prepaid gas is not to be selected, but optional insurance is required and shall be reimbursed. The member is required to notify the City’s Risk Manager immediately in the event of any incident or accident related to the rental vehicle.
Taxis/Shuttles
1. Whenever possible, hotel courtesy buses or local shuttle services shall be used. Taxi service shall be used only when no other convenient, less costly transportation is available.
Lodging
1. No lodging expenses incurred by members within a 50-mile radius shall be reimbursed unless there are extenuating circumstances with prior legislative body approval.
2. The number of nights in the hotel shall be equal to the number of days at the conference unless prior legislative body approval for an additional night prior or afterward for necessary and legislative body related activities.
3. Lodging expenses shall be prepaid directly to the hotel or reimbursed. Prepayment or reimbursement shall be limited to single occupant room rates. Lodging reimbursement shall not exceed conference hotel cost or host group rate. If conference lodging is not available, prepayment or reimbursement will be made for alternate lodging, but shall not exceed the conference hotel cost or host group rate. No reimbursement shall be made when lodging is at a family/friend’s residence.
Meal Costs
1. The City shall reimburse for documented meal expenses including gratuity (not to exceed 15%), according to the daily Maximum Federal Rate. For per diem rates within the US, the member shall use rate listed on http://www.gsa.gov/. If the destination city is not listed, then the rate for the county applies. If there is no rate for the city or county, the lowest rate applies.
2. Meal expenses, including gratuity, in excess of the daily Maximum Federal Rate shall not be reimbursed without approval of the legislative body.
3. The per diem rates are to be reimbursed only for full days of travel (travel away from City overnight). If there is a partial day of travel, the City shall reimburse meal based on the Federal Meal Rate.
4. If any meal is included in the registration fee or the hotel fee, the member shall not receive reimbursement for the included meal. For example, if lunch is included in the registration fee, then the full day per diem will be less the per diem allocated for lunch.
5. If a member returns home after 1:00 p.m., the member will receive the per diem for breakfast and lunch.
If a member returns home after 6:00 p.m., the member shall receive the full day’s per diem.
Miscellaneous Expenses
1. Expenses related to City business shall be reimbursed for actual telephone, fax, parking expenses, tolls, tipping (non-meal related as this falls under the Maximum Federal Rates), taxi, hotel wireless charges, or other reasonable expenses. Miscellaneous expenses shall be itemized and receipts shall be provided.
Where receipts are not available, a signed declaration of expenditures shall be accepted by the City Manager or designee at their discretion.
2. Incidental expenses incurred for fees and tips given to porters, baggage carriers and hotel staff shall be reimbursed up to General Service Administration (GSA) limit (currently at $5 per day). If the member receives a full day’s per diem, no additional incidentals shall be provided, as this is already included in the GSA daily rate.
3. Personal expenses (e.g. shoe shine, in-room entertainment, personal phone calls, traffic fines, etc.) shall not be reimbursable.
4. If a personal side trip is planned, the City shall reimburse not more than the advance purchase economy class airfare to and from the original destination. Any additional costs related to personal travel shall not be reimbursed by the City.
5. If a companion accompanies a member, only the business cost incurred by the member shall be reimbursed. All costs incurred in addition to the member’s costs shall not be reimbursed by the City.
Business Meeting Expenses
1. Prior to any business meeting, the legislative body shall approve any meal expense based on the Federal Meal Rate or in excess. The itemized receipt shall include the amount of the expense, the date and place of the expense, the business purpose, and who attended the business meeting.
2. Meals shall only be reimbursed for the cost(s) of the eligible item on the meal receipt. Overcharged amounts shall not be reimbursed.
3. Meal reimbursement shall be submitted within 30 business days of the meeting.
PROCEDURE
Member shall comply with the following procedures:
1. Complete the Request for Travel Authorization for City staff and Finance Department with all information regarding meeting, travel dates, travel plan, hotel information, estimated costs, and justification for the event at least sixty days before registration for the meeting closes.
2. The relevant parties shall agendize the request as early as feasible for legislative body review.
3. Legislative body shall approve or deny the proposed travel expenses.
4. Submit requests for registration and any advances or prepaid items within the standard disbursement time period.
5. Members are responsible for turning in all receipts to the Finance Division within 30 business days of returning from travel. Only expenses approved prior to travel shall be reimbursed by the City.
6. Within 30 business days after the member’s return from a trip, a Statement of Travel Expenses (travel and expense report), supported by the Approved Request for Travel Authorization Form, shall be filed with the Finance Division complete with the proper signing authority.
7. All Statement of Travel Expenses shall include copies of documentation of previous prepayments or advances made, including registration, airfare, hotel, training agenda, etc.
8. Following an event for which a reimbursement claim has or will be submitted, the official seeking reimbursement shall briefly report on the event during the next regular meeting of the legislative body and no more than 30 days after the claim has been fulfilled. If multiple officials attended, a joint report shall be made. This report shall be made verbally, or provided as a written report to be included as information in the agenda packet.
Finance Division shall comply with the following procedures:
1. Receives completed Statement of Travel Expenses with the Approved Request for Travel Authorization Form from member.
2. Receives the required backup documentation: Meeting agenda, receipts for airfare, hotel, tax/transit, map to and from if mileage is used, per diem rate of the travel destination from GSA website or meal receipts with details if actual meal expenses is used.
3. Reviews requested prepayments, advances and reimbursements related to travel. Checks the budget for consistency with budgeted funds.
4. Process Statement of Travel Expenses and provides payment for advances, prepayments or reimbursements.
CITY COUNCIL POLICY NUMBER: 2019-03
EFFECTIVE: November 25, 2019
SUBJECT: Use and Expenditures of City Resources by Councilmembers PURPOSE:
This policy provides guidance to City Councilmembers on the us e and expenditure of City resources, as well as the standards against which those expenditures will be meas ured. As used herein, the t erm "City" shall mean the City of Redwood City, the Successor Agency of the Re
development Agency of the City of Redwood City, and the Redwood City Public Financing Authority. This a dministrative policy would satisfy the requirements of Gov ernment Code secti
ons 53232.2 and 53232.3 in the event such requirements could be constitutionally applied to charter cities.
POLICY:
A. General
1. City equipment, supplies (including letterhead), titles, and staff time may only be used for authorized City business.
2. Expenses incurred by Councilmembers in connection with the following types of activities constitute authorized expenses for which annually-established professional development funds may be used, as long as the other requirements of this policy are met:
a. Communicating and/or meeting with representatives of regional, state, and national government on City-adopted policy positions;
b. Attending educational seminars designed to improve skills and/or gain knowledge relevant to their service as Councilmembers;
c. Participating in local, regional, state, and national organizations whose activities affect the City's interest;
d. Attending activities which recognize service to the City including but not limited to employee and volunteer appreciation celebrations;
e. Attending events hosted by or sponsored by the City; f. Attending meetings that implement a City-approved strategy for attracting or retaining businesses, which typically involve at least one staff member; g. Attending events that benefit non-profit organizations that serve the Redwood City community; and
Attachment E
h. Attending to such matters where the Councilmember is serving in an official capacity, including but not limited to matters pending before a judicial, quasi judicial, or administrative tribunal.
3. All reimbursement claims for travel and related expenses shall be submitted to the City Clerk's office on Statement of Expenses Schedule A (attached) within 60 days and shall be accompanied by sufficient supporting documentation, including original receipts, copies of registration forms, and/or invoices.
B. Lodging Accommodations
1. If the lodging is in connection with a meeting, conference, or organized educational activity, lodging costs may not exceed the maximum group rate published by the conference or activity sponsor at the time of booking. If the group rate is not available, Councilmembers shall use comparable lodging.
2. If any guest accompanies the Councilmember and such guest is not required by the City to attend the meeting, conference, or organized educational activity, the City will pay only for the Council member's lodging plus applicable taxes at a standard single rate.
C. Subsistence Allowance
1. The subsistence allowance as of the date this policy is adopted shall be based on the formula used to calculate the federal rate and consistent with policies and practices that govern staff expenses of this nature.
2. The allowance for Councilmembers leaving for a seminar after 12 noon but before 7:00 p.m. shall be based on the formula used to calculate federal rates and consistent with policies and practices that govern staff expenses of this nature D. Exceptions
1. All expenses that do not fall within the adopted travel reimbursement policy or the IRS reimbursable rates shall be approved by the City Council before the expense is incurred.
E. Reporting
1. Councilmembers shall provide brief reports on meetings attended at the expense of the City at the next regular council meeting.
NAME:
DEPARTMENT:
DATE BRKFST LUNCH
* Code for OTHER EXPENSES
A - Taxi, Bus fare, Car rental
B - Telephone, Fax
C - Parking fees, Bridge Tolls
D - Plane or train fare
E - Registration fees
F - Miscellaneous
Account Code:
Account Code:
Account Code:
Account Code:
CITY OF REDWOOD CITY
SCHEDULE A
STATEMENT OF EXPENSES
Attach all receipts where practical
VENDOR NO.:
VOUCHER NO.:
OTHER DAILY
DINNER HOTEL OTHER CODE* TOTAL
-
-
-
-
-
-
-
-
-
-
-
-
Total - Schedule A
Total - Schedule B
Sub-Total
Less Cash Advance
TOTAL REIMBURSEMENT
Amount:
Amount:
Amount:
Amount:
TOTAL REIMBURSEMENT:
PURPOSE
-----------
-----------
-----------
===========
I certify that this claim is a true record of expenses incurred on official business of the City of Redwood City during the above period.
Date: Signature: -----------------------
Department Head Approval:
City Manager Approval:
Finance Department Audit:
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
PURPOSE
The purpose of this policy is to pr
ovide procedures for the authorization of travel
and payment of travel expenses for Ci ty employees attending conferences, training, and meetings. The policy will ensure that all tr avel related expenses are reasonable and necessary for the conduct of City business.
For the purposes of this policy, City em ployees shall mean all full-time or part- time exempt and non-exempt employees. Temporary or contract employees must receive express authorization in advanc e from the Assistant City Manager or designee for all travel related expenses.
Any exceptions to this policy must be ap proved by the Department Head and the Assistant City Manager or designee.
PROCEDURE
A. Extended Travel
1) Authorization for Travel
Prior to the commitment or expenditure of
any City funds for extended
travel (requiring an overni
ght stay or airfare), the employee shall obtai n
appr
oval for the event from a Depart ment Head or C ouncil Appointed Officer (CAO). This authority cannot be delegated. The aut horization for
out-of-state extended trav el must also be approv ed by the Assist ant City Manager or designee.
No indi
vidual may authorize his/her own travel. Department Head travel shall be approved by the City Manager or designee and CAO travel shall be appr
oved by the Assistant City Manager or designee.
A Pre-Travel Authorization form shall be used to reque
st approval and to
document an estimate of total expenses (i.e., registration fees, lodging, transportation, a
nd meals). A copy of the official event brochure and/or agenda of the event that describes the schedule of sessions, provided transportation and meals, and other amenities of the event must be attached to the form. IRS per diem rates sh
all be used for calculating estimated meal
expe
nditures.
Attachment F
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
The Pre-Travel Authorization form includes boxes that must be checked by the employee and verified by the Department Head, CAO, Assistant City Manager or designee, or City Manager or designee to indicate that:
Government rates have been requested for hotel and registration Employee agrees to submit a Travel Expense Report within 30 days after return from the trip
Professional Development will be us ed to reimburse employee for the travel or training (if applicable)
Department Head/CAO/Assistant City Manager/City Manager approval indicates that:
Government rates for hotel and registration have been verified The request complies with the City’s Travel Policy and Procedures Applicability of using Professiona l Development funds has been determined
The original approved Pre-Travel Authorization form, along with the official event brochure and/or agenda of the event, should be maintained by the department and submitted with th e Travel Expense Report at the appropriate time.
2) Travel Arrangements
Departments are encouraged to make travel arrangements (registration fees, lodging reservations, air transportati on, and rental cars) on the Internet, utilizing a procurement card for paymen t. A copy of the approved Pre- Travel Authorization form should be attached to the monthly procurement card activity log.
3) Reimbursable Travel Expenses
a) Registration Fee
Registration fees for those expenses indicated in the published event materials. Government rates and/or any discounts offered for early registration should be obtained whenever possible.
b) Lodging Expense
Travelers shall select single o ccupancy, standard, non-deluxe accommodations and should stay at hotels offering economical POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
lodging rates. Travelers attendi ng a conference or seminar are encouraged to stay at conference hotels, which offer a negotiated conference rate. When making rese rvations, travelers should request government rates, if available. Traveling employees should carry their City identification cards.
The City shall not reimburse any co st related to the extension of a hotel stay beyond the time necessar y to complete th e event. An out- of-state trip involving cross-co untry travel may require hotel accommodations both before and after the conference or training.
Within California or adjoining stat es an extra night’s hotel stay should not be necessary if flight arrangements can be made the same day.
The use of hotels is restricted to cities located beyond 50 miles (one- way) from the City of Palo Alto or the traveler’s residence (whichever is shortest). For ex ample, if the destination is Sacramento and you live in Palo Alto (118 m iles) or Oakland (81 miles), you would qualify for a hotel. However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a hotel.
c) Transportation
Air Transportation
Travelers shall fly economy coach cl ass on the lowest cost flight available for the most direct rout e to the final destination, which could reasonably include schedul ed layovers. Travelers are encouraged to make air reservations as early as feasible to obtain the greatest discount and to consider the use of alternate but nearby airports to take advantage of the lo west fares. Extension of the trip to cover a weekend stay to obtain a lower ai rfare does not entitle the traveler to be reimbursed for the extra day's hotel costs or meal expenses. Travelers may use City travel to qualify for frequent flyer credits, but the selection of an air line for a given trip shall not be made for the purpose of accumulati ng such credits. Travelers that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the valu e of the tickets. If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Rental Cars
Rental cars shall only be approved, if other ground transportation, such as shuttles or taxis, is more expensive during the stay at the destination. Only economy or co mpact car models may be rented, unless the upgrade is provided by the rental agency at no cost. Rental car options such as GPS devices are not reimbursable. Because the City is self-insured, employees should decline any additional insurance offered by the rental company. Employees must also decline any Fuel Purchase Options (which allow for prepayment of a gas tank refill) and shall refuel prio r to returning the rental car, if additional charges apply for refueling. Use of a rental car, in lieu of a private auto, to travel to and fr om an out-of-tow n event will be reimbursed either at the current IR S mileage rate or the car rental cost apportioned for the number of days used for City business, whichever is less.
Private Automobiles
Employees may use private automo biles for personal or group transportation on extended trips. Re imbursement shall be made at the current IRS mileage rate. The di stance to be reimbursed shall be measured from the place of work and from the employee’s home, and the calculated mileage reimbursement shall be based upon which of the two distances is shorter. Mileage reimbursement shall not exceed the cost of refundable roun d trip air transportation (economy class) for a reservation made at l east seven days in advance of the trip.
City Pool Cars
City pool cars normally may not be used for transportation on extended trips. Requests for use of City vehicles for this purpose should be directed to the Fleet Manager, Equipment Management Division, Public Works. For use of vehicles assigned to specific divisions and/or individuals, refer to Vehicle Use Policy and Procedures 4-1.
d) Meals
Effective April 27, 2 015, the City will provide a per diem (“per day”) allowance for meals and inci dentals to employees who travel overnight for official City business. Travelers will receive a flat rate for meals and will not be required to submit receipts. If travelers use a P-Card to pay for meals, it negates the per diem.
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
The per diem rate varies and is dependent on the destination of travel. The rates for the various travel destinations are available on the U.S. General Services Administration website
(http://www.gsa.gov/portal/content/104877) (these amounts are subject to change every year). Each city has a dollar value for the full day depending on the relative cost of meals in that jurisdiction.
When meals are provided as part of the cost of an event, that meal will be deducted from the full day per diem rate. Travelers will receive 75% of the full day per diem amount for days requiring transportation to and from the location (i.e. departure day and return day) regardless of departure and arrival times. Meals provided on days of travel shall be deducted at full-value.
Travelers are required to look up the per diem rates as part of the pre-approval authorization process.
e) Incidental Expenses
Incidental expenses related to C ity business shall be reimbursed at cost as supported by submitted recei pts. Incidental expenses may include hotel parking charges, In ternet connection services, and telephone charges.
The actual costs for parking will be reimbursed when approval to use a personal vehicle or rental car is obtained in advance. Travelers should use the lowest cost alternative for parking within a reasonable area from the destination. Internet connection services purchased to conduct City business are reim bursable. Employees will be reimbursed for telephone calls to City of Palo Alto offices. The hotel bill should indicate any calls that are of a business nature.
Reimbursement for calls home is limited to one call per day of reasonable length. Other charges on the hotel bill, such as pay-TV movies, cleaning, laundry, room service charges (additional over cost of meal) or charges for additional guests are not reimbursable.
4) Travel Expense Report
Within thirty business days after th e employee's return from the trip, a Travel Expense Report must be filed with the Accounting Division of ASD.
Employees are encouraged to complete the Travel Expense Report electronically in Excel. Employees sh all print and sign the Travel Expense Report. When signing the Travel Ex pense Report, the employee certifies that the expenses listed on the Repor t were incurred in conformance with POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
the Travel Policy and that the “am ount due the employee” has not been received from any other source. The original Pre-Travel Authorization form must be attached to the Travel Expense Repo rt. The filing of this report is necessary whether or not reim bursement is requested in order to document to the IRS that the tr avel expenses do not constitute miscellaneous income to the employee. If this report is not filed within the required thirty working days, no future travel requests will be processed for the individual until outstanding travel and expense claims are complete.
The Travel Expense Report must ac count for all expenses, including expenses paid by the procurement card, and all expenses must be supported by itemized original receipts or copi es of electronic receipts. For air transportation, the original airline tic ket or flight confirmation printout should be attached. It is not sufficient to provide Internet quotes or pre-stay web confirmations for air travel or lodging. For expenses paid with the P- Card, the original receipts must be a ttached to the P-Ca rd statement and copies of the receipts should be attached to the Travel Expense Report.
The Travel Expense Report must be approved by the Department Head/CAO or designee. (Each department/office provides a list of designated approvers to ASD on an annu al basis). Department Head travel shall be approved by the City Manager or designee and CAO travel shall be approved by the Assistant City Ma nager or designee. Department Head/CAO approval is required for any expenses that were not authorized on the Pre-Travel Authorization form. For missing documentation, the traveler shall attach a written expl anation detailing th e expenditure and reason for the missing receipt, and obtain Department Head approval.
If reimbursement is due to the employe e, a check will be issued to the employee using the Travel Expense Report (no separate claim voucher is needed). If the reimbursement amount is $150 or less, the employee may request reimbursement via petty cash.
B. Local One-Day Travel
Employees shall obtain verbal approval fo r one-day local travel (not requiring airfare and/or an overnight stay) fro m his/her Department Head, Assistant Department Head, Deputy Director, Divisi on Head or designee prior to the traveler’s departure. Designees must be management staff. A Pre-Travel Authorization form is not required for local travel.
Typical reimbursable expenses for loca l travel include mileage, public transportation, parking, bridge tolls, me eting or conference registration fees, POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
and meal expenses. Only expenditures su pported by itemized receipts will be reimbursed.
Travelers may be reimbursed for meal e xpenses. Itemized receipts for meals must be maintained. The maximum reimbursement amount for meals shall be:
$15.00 for breakfast, $16.00 for l unch, and $28.00 for dinner. Under no circumstances will expenses for alcoholic beverages be reimbursed by the City.
Meal reimbursements for local conference s, meetings, or training conducted between the hours of 8 a.m. and 5 p.m., will be limited to lunch. When meals are provided as part of the cost of an event, travelers will not be reimbursed for the actual expenses of these meals.
Local travel meal expenses that do no t meet the IRS defi nition of “business related” will be considered taxable inco me and added to th e employee’s W-2.
For a meal to be considered non-taxabl e, it must be “directly related” and “associated with” the active conduct of C ity business. To meet this definition, business must be conducted during the me al period. Meal expenses associated with training do not meet the IRS defi nition of a business related meal. Such meals will be considered taxable income and added to the employee’s W-2.
For all meal expense reimbursements, the form should include an explanation of why the meal was necessary for the conduct of City business.
C. Night Meeting Meals
Meals taken by management employees as signed to attend night meetings will be reimbursed for actual dinner expenses up to $20. Itemized receipts for meals must be maintained. Reimbursement shoul d be requested on a Citywide Petty Cash Reimbursement form. To obtain the form, refe r to the City’s Petty Cash Policy. The Petty Cash Reimbursement form must be accompanied by the meeting agenda.
Night meeting meal reimbursements are considered taxable income and will be added to the employee’s W-2.
D. SEIU Overtime Meals
Meals taken by SEIU employees wo rking emergency and non-emergency overtime will be reimbursed in accordance with the contract between the City and SEIU, currently in the amount of $1 0 for breakfast, $15 for lunch, and $20 for dinner. No receipts are required. Reimbursement should be requested on a Citywide Petty Cash Reimbursement form.
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
E. Reimbursement for Personal Vehicle Use on City Business
City pool cars, assigned vehicles or pub lic transportation should be used for trips between City facilities, to local m eetings/training, or other events outside the City limits but within the Bay Area whenever possi ble. If a city vehicle or public transportation is not available or feasible, personal cars may be used and mileage will be reimbursed at the preva iling IRS rate for the distance between the employee’s home and the destinatio n or work and the destination, whichever is less. Mileage reimbursement requests shall include the number of miles driven, the employee address, and the purpose of the trip.
Reimbursement requests that cover more than one date will be accepted on one form if the trips are for the same purpose or meeting.
Recipients of an automobile expens e allowance may not receive personal vehicle mileage reimbursement, except in the case of business travel beyond the Bay Area counties of Santa Clara, Al ameda, Contra Costa, Solano, Napa, Marin, San Francisco, San Mateo an d Sonoma. In addition, CAO’s and Department Heads who receive an auto mobile expense allowance in lieu of exclusive use of a City automobile may not use City pool cars for business use except on an emergency ba sis, which is documented by memo to the City Manager.
NOTE: Questions and/or clar ification of this policy sh ould be directed to the Administrative Services Department.
Policy & Services Committee
Staff Report
From: Chantal Gaines, Deputy City Manager
Meeting Date: February 13, 2024
Report #: 2309-2058
TITLE
City Council Referral to Discuss and Recommend City Council Procedures and Protocols on:
Council Discretionary Expenditures – Consideration of the establishment of appropriate parameters for Council discretionary expenditures and whether to allocate $2,000 annually from the City Council contingency fund for each Council member to decide its purpose.
RECOMMENDATION
Staff recommends that the Policy and Services Committee discuss the referral from the City Council related to City Council Discretionary Expenditures and make a recommendation to the City Council for inclusion in the City Council Procedures and Protocols Handbook.
BACKGROUND
The City Council discussed the City Council Procedures and Protocols Handbook on January 30 and March 20, 2023 and adopted the most recent version on April 24, 2023. The City Council referred a few discussion topics to the Policy and Services Committee during these discussions.
The Committee made progress on these referrals and have sent recommendations to the City Council for consideration on all but one of the referrals (City Council discussion planned for February 5, 2024). Referral #7 is the remaining referral and is analyzed within this report. All referrals are listed below:
1. Procedures Section 1.1: Annual Organization of City Council.
2. Procedures Section 5.1a(4): Video Participation for Public Comment.
3. Procedures Section 8.2: Related to Enforcement and Censure.
4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members.
5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions.
6. Protocols Section 4: International Travel.
7. Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to discuss the establishment of appropriate parameters for Council discretionary expenditures and whether to allocate $2,000 annually from the Council contingency fund for each Council member to decide its purpose.
Attachment G
ANALYSIS
In 2023, the City Council referred to Policy and Services discussion of “the establishment of appropriate parameters for Council discretionary expenditures and whether to allocate $2,000 annually from the Council contingency fund for each Council member to decide its purpose.” This referral includes several sub-questions:
1. As a policy matter, does the City Council wish to allocate some amount of City funds to individual Council Members to spend at their discretion, within limits defined by law and City Council policy?
2. If so, what is the appropriate amount?
3. What purpose or purposes does the City Council wish to define for these expenditures?
4. In light of the identified purpose or purposes, what procedures are appropriate.
As a first step in considering these issues, this memorandum outlines the relevant state and federal law requirements that will apply to any program of this type. This memorandum does not explore the pros and cons of adopting a program to delegate spending discretion to individual City Council members. It also does not discuss in detail the various purposes that the City Council could approve for expenditures (beyond identifying purposes that are unlawful under state or federal law), except to list a few potential options for illustration and consideration if the Committee chooses:
• Small grants to community organizations
• Reimbursement for expenses related to official duties • Funding for community events
• Discretionary dollars to allocate during the budget process There may be other permissible uses that the Committee wishes to discuss. Note that the purposes that the Committee and City Council choose may lead to additional legal implications and considerations that will need to be analyzed. For example, purchases of good or services are likely subject to procurement and/or operational limitations.
Written Expenditure Policy. The City Council should adopt a comprehensive written policy that identifies permissible purposes for expending City funds, identifies impermissible expenditures and other limitations, and establishes clear procedures and documentation requirements.
At a minimum, the policy should identify key legal limitations, such as the following:
• City funds may not be used for personal activities
• City funds may not be used for partisan political activities, including campaigning for office or supporting or opposing ballot measures or candidates • City funds may not be used to fund specific religious purposes • Expenditures must comply with laws prohibiting conflicts of interest • Expenditures must comply with limitations on “mass mailings” The City Council policy should be flexible enough to address any other legal issues that may arise, depending on the specific nature and scope of the policy implemented.
The policy also should specify a review process and documentation that will be required.
Review and documentation protect the City and each Council member by demonstrating compliance with legal requirements and City Council policy.
Finally, note that City expenditure records are public records and are subject to disclosure on request.
General Legal Restrictions. The following are state and federal law prohibitions on certain types of expenditures of public funds.
Prohibition on Use of City Funds for Personal or Partisan Political Purposes. Public funds are designated exclusively for public purposes. While the definition of a public purpose is broad, there are categories of expenditure that clearly do not qualify. It is unlawful to use public resources for personal or political purposes. Cal. Govt Code § 8314. This includes using public funds for a personal purpose, such as an official’s own personal purposes or the purposes of family or friends. It also includes partisan political purposes, including the official’s own campaign activities or support or opposition to ballot measures or other political campaigns. Staff recommends that the expenditure policy integrate this prohibition and also include clear examples to highlight what constitutes personal or political use.
Note that some well-intended City expenditures that do not directly and immediately benefit local residents—for example, donations to other cities in response to disasters— can generate questions about compliance with the public purpose mandate. These concerns are sometimes described as “gift of public funds.“ When these issues arise, California courts generally defer to the wisdom of city councils to determine the appropriateness and public nature of expenditures. For example, courts have accepted council findings that disaster donations support a broad community of mutual aid that benefits local residents in the long run. If the City Council wishes to authorize individual Council members to make extra-jurisdictional expenditures, it should define the scope and public purpose rationale in its written policy.
Restrictions on Use of City Funds for Religious Purposes. The federal and California Constitutions prohibit use of public funds for the purpose religious practice. U.S. Const. amend 1; Cal. Const. Art. XVI, Sect. 6. Recent Supreme Court rulings, however, have held that religious institutions may (and in some cases must) be allowed access to public funds when these public funds are made available to other private organizations for the same purpose. Carson v. Makin (2022) 596 U.S. 767. City Council’s policy should identify both the restriction on the use of City funds for religious purposes and the requirement not to discriminate against religious institutions and should encourage consultation with the Attorneys Office whenever these issues arise.
Avoiding Conflicts of Interest. The Political Reform Act, Cal. Govt Code §§ 81000 et seq. (the Act), prohibits City officials from directing funds in ways that could result in financial benefits to themselves, their family members, or other entities in which they have financial interests as defined by the Act. Under the Act, financial interests include real property, ownership and investment in business entities, sources of income, gifts, and personal financial holdings. Cal. Code Regs. 18700 et seq. City Council's expenditure policy should acknowledge the conflict-of-interest provisions of the Act and incorporate guidelines to ensure adherence to these legal requirements.
Adhering to Mass Mailing Rules. The Political Reform Act also prohibits the use of public funds for “mass mailings.” Under the Act, a “mass mailing” is any tangible item, like a newsletter or brochure, in quantities of 200 or more, featuring an elected official and financed with public funds. These mailings may not be sent to residences, places of employment, businesses, or post office boxes. (The restriction does not apply to electronic communications.) If the City Council’s expenditure policy permits the use of City funds for distributing such materials to residents, it will be important to include a provision for staff review prior to distribution to ensure adherence to the mass mailing restriction.
Additional Legal Restrictions that May Apply to Certain Types of Expenditures. Additional legal procedures or restrictions might apply, depending on the type of expenditures that the City Council authorizes. Without knowing what the City Council is interested in, we cannot yet provide a complete analysis. We do know however, that the following types of expenditures raise particular issues.
Reimbursement for Expenses Related to Official Duties. State law authorizes expenditure of local funds to reimburse city council members for “actual and necessary expenses incurred in the performance of official duties.” Cal. Govt. Code § 53232.2.
State law requires a written policy specifying the types of occurrences that qualify for reimbursement, and establishes other procedural requirements for reimbursement rates, documentation (receipts), and reports on uses of the funds. Govt. Code § 53232.3.
Amounts paid consistent with these procedures are excluded from salary that would otherwise be subject to the maximums under state law and the Palo Alto Charter. Govt.
Code § 36516(e). If the City Council decides to authorize funds to be used for reimbursement, it will be important to comply with all of the requirements of Sections 53232.2 and 53232.3, so that these funds are not counted towards salary. This is because the City Council has directed that salary be increased to the state-law limit, leaving no room for additional funds should they be classified as salary.
Grants to Community Organizations or Funding for Community Events. When the City makes grants to community organizations or funds community events, staff vets recipients and uses agreement templates—appropriate to the type and size of the grant or event—to document expectations and protect the City and taxpayers in the event of unexpected negative occurrences. In the case of very small neighborhood grants, the agreements are short and relatively simple, and focused on the most important issues (e.g., non-discrimination and appropriate insurance). If the City Council is interested in authorizing individual the City Council members to make grants or fund events, consideration should be given to who will have contract authority, whether vetting and documentation will be required, and what that will look like; conversely, if none is required, the City Council should understand that there may be risks assumed by the City as a result.
FISCAL/RESOURCE IMPACT
The City Council contingency fund total allocation is determined each year through the budget process and this program proposes to dedicate some of those funds, thus this is not new funding. However, depending on the program parameters discussed, the staff time resources to administer the program would need to be further assessed.