SAW:NXN
12/5/2025
T-9323\2266931 1
Council Agenda: 12/16/2025
Item Number: 2.8
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AMENDING CITY CO UNCIL POLICY NO. 9-5,
“TRAVEL BY ELECTED AND APPOINTED CITY
OFFICIALS” TO REVISE A ND CONFORM THE TRAVEL
GUIDELINES PORTION TO TH E CITY ADMINISTRATIVE
POLICY 1.8.2, EMPLOYEE TRAVEL POLICY
WHEREAS, on September 18, 2018, the City Council of the City of San José (“City”) adopted the current version of City Council Policy No. 9-5, entitled “Travel by Elected and Appointed City Officials” (“Policy No. 9-5”), which describes the City’s policy with respect to regulation of official travel by elected and appointed City officials; and
WHEREAS, the City desires to adopt a revised Policy No. 9-5 to align travel guidelines with the City’s Employee Travel Policy and to allow Council Appointees per diem reimbursements for meals during travel;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
The City Council Policy No. 9-5 entitled, “Travel by Elected and Appointed City Officials,” which policy is attached hereto as Exhibit “A” and incorporated herein by this reference as though fully set forth herein, is hereby approved and shall, as of the date and time of adoption of this Resolution, supersede City Council Policy 9-5, adopted on September 18, 2018.
SAW:NXN
12/5/2025
T-9323\2266931 2
Council Agenda: 12/16/2025
Item Number: 2.8
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Ma
yor
ATTEST:
TONI J. TABER, MMC
Cit
y Clerk
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Exhibit A
City of San José, California
COUNCIL POLICY
TITLE TRAVEL BY ELECTED AND APPOINTED
CITY OFFICIALS
PAGE
1 of 10
POLICY NUMBER
9-5
EFFECTIVE DATE November 20, 1972 REVISED DATE
APPROVED BY COUNCIL ACTION: 10/10/72, Resolution No. 42984; 12/16/80, Item 11e; 12/5/83, Item 10c; 9/13/83, Item 8b(2); 1/27/87, Item 6f(6); 2/24/87, Item 7b(4); 5/19/87, Item 7b(5); 12/12/89, Item 7b(2)(d); 5/21/91, Item 7b(5); 6/21/94, Item 7b(1)(f); 6/20/95, Item 9aa.; 9/16/97, Item 7b(6); 8/8/06, Item 3.6(c), Resolution No. 73340; 9/18/2007, Item 3.5, Resolution No. 74003; 9/18/2018, Item
3.6, Resolution No. 78790
A. BACKGROUND
Council policy to regulate official travel by elect ed and appointed City officials was first established by Council action on October 10, 1972. The Council has amended the Policy several times, but has not made any changes since 201807.
B. PURPOSE
To establish City policy and prescribe guidelines for offi cial travel by elected City officials and their staff, Council Appointees, and Boards and Commissions members, except members of the City’s two Retirement Boards. Travel should be necessary to accomplish the purposes of the City effectively and economically, and incurred expenses should be prudent, reasonable and necessary.
C. SCOPE
The travel guidelines in this Policy apply to: the Mayor; Councilmembers; unclassified Mayor/Council staff; Council Appointees; and the City’s Planning Commissioners, Civil Service Commissioners, and members of the Board of Fair Campaign and Political Practices (referred to as “City Commissioners”).1
Travel by City Officials and employees not specified in this Policy is administered by the City Manager and regulated under the “Employee Travel Policy,” City Policy Manual Section 1.8.2, as amended.
This Policy also addresses funding sources for official travel by elected City officials.
1. Public Purpose : Travel by City officers and em ployees for a public purpose is an appropriate activity and expense that may requir e Council approval. Requests for travel are limited to events where the City derives spec ific benefits through attendance of a City representative(s), and, if needed, are supported by travel brochures, official notifications or other documentation to help Council in considering the travel request.
2. Expense Reimbursement: Subject to this Policy, Chapt ers 4.28 and 12.08 of the San José Municipal Code, and the Political Reform Act (Government Code Sections 81000 et seq.), the Mayor, Councilmembers, Mayor/Council Staff, Commissioners, and Council Appointees may
TITLE TRAVEL BY ELECTED AND APPOINTED
CITY OFFICIALS
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POLICY NUMBER
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undertake official, authorized travel and be reim bursed by the City for all reasonable and necessary expenses incurred while traveli ng on City business. For the Mayor and Councilmembers, Section 408 of the City Char ter authorizes reimbursement for expenses incurred in the performance of their duties or functions of office.
3. Official City Representative : When travel to a conference, convention, or other similar event is authorized and undertaken for a municipal purpose, the Council or Commission Chair must specifically designate one or more Councilmembers or City Commissioners, respectively, to act as the official representa tives of the City of San José. Council may approve up to five (5) of its elected members to travel for Official or Unofficial Delegation Travel, as long as it does not result in cancellation of a Council or Council Committee meeting due to lack of quorum. Council Staff travelling on Official or Unofficial Delegation Travel shall notify the City Clerk approximatel y six (6) weeks prior to the travel date, and the information shall be placed in the memorandum from the City Clerk regarding the Mayor/Council Travel on Official or Unofficial Delegation Travel.
a. Official Delegation Travel: Travel organized , led, and/or staffed by the City such as a Sister City Trip, or other City-organized mission.
i. Mayor or Mayor’s Representative (D elegation Leader): The Mayor or the Mayor’s designated Councilmember representative will serve as the “Delegation Leader” for the Official Delegation Travel, subject to approval by the Council.
The Mayor/Council Travel Budget will be used for the Delegation Leader’s travel- related costs. The City Clerk will plac e approval of the Delegation Leader and related travel costs from the Mayor/Council Travel Budget as a single agenda item with the Councilmembers’ Requests to Travel and Excused Absence from
3.a.ii below at a City Council meeting to be determined by the City Clerk.
ii. Additional Councilmembers: Additional Councilmembers interested in participating in the Official Delegation shall submit a Request to Travel and Excused Absence Memorandum to the Ci ty Clerk approximately six (6) weeks prior to the travel date. The memorandum shall list the intended dates of travel and their absences for meetings of the City Council, Council Committee, and other legislative bodies in which they represent the City. To ensure quorum for City Council and Council Committee meet ings during the Official Delegation Travel, the City Clerk will place all tr avel requests related to an Official Delegation as a single agenda item at a City Council meeting to be determined by the City Clerk.
b. Unofficial Delegation Travel: Travel or ganized, led, and staffed by organizations or entities other than the City such as the Silic on Valley Organization (formerly Chamber of Commerce) Annual Study Mission or Silicon Valley Leadership Group’s Fall/Spring Advocacy Trip. The Mayor or Councilmembers interested in participating in such travel shall submit a Request to Travel and Ex cused Memorandum to the City Clerk approximately six (6) weeks prior to the tr avel date. The memorandum shall list the intended dates of travel and their absences fo r meetings of the City Council, Council Committee, and other legislative bodies in wh ich they represent the City. To ensure quorum for City Council and Council Committee meetings during such Unofficial Delegation Travel, the City Clerk will place a ll travel requests related to an Unofficial Delegation as a single agenda item at a City Council meeting to be determined by the City Clerk.
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CITY OFFICIALS
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D. Summary of Approval Requirements for Official Travel
1. Travel Approval for Mayor, Councilmembers and Council Appointees : When required, requests for travel approval must be submitted to the Council in advance so Council approval is obtained before the first day of travel (S ee item d, below, for exceptions). Council Appointees proposing out-of-state travel must s ubmit their request to the City Council and must include justification for the travel, expected cost, and source of funding.
In-state or local official travel does not requi re Council approval if funds are available in the Mayor’s, Councilmembers’ or Appointees’ budget. Except as noted below, the Council must approve all out-of-state official travel even if taken at no cost to the City.
a. Where funds are available in the Coun cilmember’s budget, Council approval is not required for Councilmember travel that is necessary because of a standing Council assignment, but such travel should be lim ited to regularly scheduled or specially convened meetings of an official nature.
b. Where funds are available in the Mayor’ s, Councilmembers’ or Appointees’ budget, Council approval is not required for official travel for the Mayor, Councilmembers, and Council Appointees to attend meetings of: The U.S. Conference of Mayors; National League of Cities and its Committees; League of California Cities and its Committees; and other committees to which appointment is made by the Mayor and/or City Council.
c. Where funds are available in the Mayor’ s, Councilmembers’ or Appointees’ budget, Council approval is not required for official travel for the Mayor, Councilmembers, and Council Appointees in support of leadership positions of any international, national, state or regional association of governments endorsed by the Council.
d. When there is insufficient time to obtain Council approval, the Mayor may travel to attend and represent the City on matters of special interest to the City or may authorize any other Councilmember to attend instead. Following such travel, the Mayor must submit an informational memorandum to Council describing the nature of the trip, the reason for the urgency, the anticipated cost, and the source of funding.
e. When considering travel requests, the Council must follow the City’s Consolidated Open Government and Ethics Resolution and California Open Meeting requirements in the Brown Act, as amended. (Gov. Code §§ 54950 et seq.).
2. Travel Approval for Commissions : City Council approval is required for travel by City Commissioners that is out-of-st ate or exceeds one day in durat ion. Such requests must include anticipated costs and a funding source for the proposed travel. In-state or local official travel does not require Council approval if funds are available in the Commission budget.
3. Travel Approval for Council Staff: The Mayor or Councilmembe r will review all local, in- state, and out-of-state travel by their unclas sified office staff, and may approve staff travel only if funds are available in the Mayor or Councilmember’s own Office Budget. Travel by classified civil service staff is governed by the Employee Travel Policy.
E. Travel Guidelines
1. Travel Discounts / Gifts of Travel: Travel and related expenses paid by a third party may be a prohibited gift. City officials should not acc ept any travel discounts not offered to the general public. The California Constitution prohibits public officers from accepting free passes
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or discounts from transportation companies including railroads and airlines and both interstate and intrastate carrier s. (Art. XII, Section 7.) T he acceptance of a free pass or discount that violates this prohibition may result in a forfeiture of public office or employment.
See F.1 (“Non-City Funds”) below regarding when travel payments may be a personal gift or a gift to the City.
2. The Employee Travel Policy, 1.8.2, will govern environmentally preferable travel requirements and cash advances; In-State, Out- of-State and International travel; Travel Restrictions; Reimbursable Travel expenses su ch as ground transportation, airfare, lodging, phone calls, and parking; and Non-Reimbursable expenses such as alcoholic beverages and personal expenses. The Mayor, Councilmembers and City Commissioners are not eligible for meal reimbursement on a per diem basis. Refer to Section G “ Procedures for Obtaining Reimbursement and Documenting Expenses ” in this policy for meal reimbursement guidelines.
Lowest Cost: Every effort should be made to choo se the lowest cost for all modes of transportation, lodging and parking.
3. Mandatory Use of Mineta San José Internatio nal Airport: When traveling on official City business by a scheduled air carrier, use of Mineta San José International Airport as the point of departure and return is mandatory unless:
a. Scheduled air carrier service to or from the des tination is not available from Mineta San José International Airport, or the City official is required to make more than one stop or plane change; or
b. Total one-way travel time departing from Mi neta San José International Airport compared to flights arriving or departing from other Bay Area airports exceeds 2.5 hours comparatively.
c. Total airfare costs exceed $250 when compari ng flights from Mineta San José International Airport to other Bay Area airports.
4. Carpooling: When two or more City official s, Mayor/Council Staff or City Commissioners are authorized to attend the same event and gr ound transportation must be used during any portion of travel, they are encouraged to carpoo l and shall consider the use of public transit or shuttle buses.
345. Post-Travel Report: The Mayor, Councilmember s, Mayor/Council Staff, City Commissioners, and Council Appointees may be asked to submit or present a report to Council on the results of their travel within fifteen (15) working days of their return to San José. Such reports are required if the Mayor/Council Travel Budget has been used for the travel. The report may include, but is not limited to:
a. A listing of any workshops, seminars, presentations, speeches or other sessions attended with descriptions of information gathered;
b. A listing of any presentations made with a description of information presented;
c. A listing of individuals or groups with whom the Council Member or Mayor met while traveling including subjects addressed at the meeting and any outcome of the meeting.
6. Employee Travel Policy Guidelines: The Ma yor, Councilmembers, Mayor/Council Staff, Commissioners, and Council Appointees should attempt to reduce the environmental impact of their travel by following the guidelines in the Employee Travel Policy, Policy Manual Section 1.8.2.
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457. City Procurement Card: When using a City Procurement Card to pay for travel-related expenditures, the Mayor and , Councilmembers, Mayor/Council Staff, and Council Appointees must follow City Policy Manual Section 5.1.2 (“City Procurement Cards”).
F. Funding of Council Travel Activities
Travel activities that are for a public purpose and are beneficial to the City may take many forms. Travel proposals that require Council approval will include justification for the trav el and identify the funding source. The list below gives criteria for deciding whic h type of Council travel activity should be funded from what source.
1. Non-City funds: Non-City funds, like personal or other outside funds, are always a funding alternative if used in compliance with San José Municipal Code Chapter 12.08, this Policy, the City’s Code of Ethics, and the requirements of the Political Reform Act and Fair Political Practices Commission regulations. Travel payments (e.g., airfare, lodging and food related to the travel) and related expenses paid by a third party may be a prohibited gift, or a personal gift requiring reporting on the Form 700 and potential disqualification.
a. Gift of Travel Payments to City: Depend ing on the purpose of the travel, the City may accept a gift of travel payment (e.g., airfare, lodging and food related to the travel) for the Mayor, Councilmembers, Council Appoi ntees, Commissioners, or Mayor/Council Staff with Council approval and subject to the requirements of San José Municipal Code Chapter 12.08 and the Political Reform Act. For the City to accept a gift of travel payment, the City Council must a ccept the travel payments, authorize the travel if required by this Policy, and designat e the City representative(s) before travel is taken, and the travel payment must be reported on the FPPC Form 801 within 30 days of the travel. If Council authorization is not obtained before travel, acceptance of the travel payment will result in the receipt of a personal gift, requiring reporting on the recipient’s Form 700 and potential disqua lification. Requests to approve gifts of travel to the City should be supported by tr avel brochures, official notifications, or other documentation to help Council in considering the travel request.
2. Mayor’s Office Budget: The Mayor’s Office Budget must be used to pay for the Mayor’s travel unless the travel meets the criteria for the Mayor/Council Travel Budget, if requested.
The Mayor’s Office Budget must be used to pa y for all Mayor's Staff travel. If travel is requested by the Administration, then funding may be from the budget of the Office of Economic Development or the appropriate department.
3. Council Office Budgets : Subject to the availability of funds as appropriated each year, the Councilmember’s own Council Office Budget must be used to pay for the Councilmember’s travel unless the travel meets the criteria for the Mayor/Council Travel Budget, if requested.
Similarly, the Councilmember’s own Council Office Budget must be used to pay for their own Council Staff travel.
4. Mayor/Council Travel Budget , is available only for the Mayor or Councilmember’s travel and only for the following trips, subject to t he availability of funds as appropriated each year, and subject to Council approval. Such travel proposals must be submitted to the City Council for approval, and must include justification for t he travel and identify the category below that the travel falls within. For proposals reque sting funding from the Mayor/Council Travel Budget, the City Clerk’s Office will submit a st atement with the travel request showing how much uncommitted funds remain in the Mayor/ Council Travel Budget and how much year-to- date each trip has cost.
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CITY OFFICIALS
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a. Travel-related costs for the Delegation Leader of Official Delegation Travel, as described in C.3.a (“Official Delegation Travel”) above. b. The annual City-to-City trip sponsored by the Silicon Valley Organization (formerly San José/Silicon Valley Chamber of Commerce);
c. Trips to advocate for priority legislation when appointed by Council to represent the City’s position.
d. Trips to represent the City on Boards and Committees of the League of California Cities, the National League of Cities or the U.S. Conference of Mayors when appointed by the Council or otherwise officially appointed to serve on such boards or committees.
e. Travel is consistent with current ado pted budget and/or legislative priorities. f. Clear monetary benefit is evident, e.g., test ifying regarding legislation that could have an impact on the City’s revenues, as well as legislation that may enhance the City’s fiscal integrity. If there are multiple requ ests to testify/lobby on the same issue, justification must be given for the appropriate number needed to testify. g. Revenue enhancement opportunity is clearly attainable. h. Travel is related to the Mayor or Counc il Members’ roles or duties, e.g., Standing Committee assignment, liaison assignment, task force assignment, economic development, etc.
The Mayor will make a recommendation regarding the amount to be budgeted for the Mayor/Council Travel Budget each year during the annual budget process.
G.
Procedures for Obtaining Reimbursement and Documenting Expenses Reimbursement for actual expenses incurred in travel, which meet the conditions defined in this Policy, is authorized upon submission of a Statem ent of Travel Expenses to the Di rector of Finance within fifteen (15) working days of return. Reimbu rsement procedure is subject to curr ent City policy. Receipts for the following expenses must be included:
1. Eligible travel expenses as listed in Section 5. 5 and 5.6 of the Employee Travel Policy, 1.8.2, of the City Administrative Policy Manual.T ransportation (public carrier) and parking Those receiving a vehicle allowance are not eligible for mileage reimbursement.
2. Hotel expenses including parking, housekeeping, resort, reasonable tips, or other fees.
Generally, reimbursement for hotel rooms shall be limited to single-room accommodations.
The Mayor shall be authorized one-bedroom suite accommodations whenever deemed necessary for the benefit of the City.
3. Event registration
24. Meals for Mayor, Councilmembers and Commissioners , for actual expenses incurred, if not already provided as part of event registration, excluding alcoholic beverages.
5. Other reasonable and necessary expens es, e.g., car rental, business-related communications, mileage reimbursement for those not receiving a vehicle allowance, etc.
6. Travel-related fees for cancellation, reschedul ing, etc. when changes are made necessary by City business.
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7. Personal phone calls up to $10 per day with proper documentation (i.e. hotel statement showing phone usage).
Travel expenses that are not considered reasonabl e and necessary are not reimbursable. Examples include, but are not limited to:
1. Fines for traffic violations
2. Dry cleaning and laundry expenses 2
3. Non-business transportation expenses
4. Expenses for spouses, other fam ily members or unauthorized guests
5. Non-business related communications, including internet fees (with the exclusion of #7 above),
6. Entertainment expenses, spa or exercise fees.
H. Payment Methods
Payment for travel by Commissioners or Council Appoint ees is subject to the same procedures as travel by the Mayor and Council Members. Reimbursement requests must include receipts and submittal of the Statement of Travel Expenses form to the Director of Finance within fifteen working days of return and must meet the criteria listed above.
Attachments:
Exhibit 1 - Travel Matrix for Mayor/Council
Exhibit 2 - Travel Matrix for Council Appointees
Exhibit 3 - Travel Matrix for Commissions
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EXHIBIT 1
MATRIX OF TRAVEL APPROVAL REQUIREMENTS FOR OFFICIAL TRAVEL BY MAYOR AND CITY COUNCIL MEMBERS*
Mayor/Council
Member approves
travel
City Council
approves the travel
In-state travel using District budget or Mayor’s
Office budget
•
Out-of-state travel using District budget or
Mayor’s Office budget •
International travel using District budget or
Mayor’s Office budget •
In-state travel, out-of-state travel, or
international travel using another
department’s budget, another govt entity
budget or other outside non-City funds
donated as a gift to the City (travel gift to City
requires Council approval before travel)
•
Any travel using the Mayor/Council Travel
Budget •
Any official travel using funds donated as a
gift to the City (travel gift to City requires
Council approval before travel)
•
Any travel when appointed by Council to
represent the City to advocate for legislation •
Travel on the annual City-to-City trip
sponsored by SVO/Chamber of Commerce •
Any travel when officially appt’d to LCC, NLC
or US Conf. of Mayors Committees using
District or Mayor’s budget
•
LCC, NLC or US Conference of Mayors
conference using District or Mayor’s budget** •
*Official travel by Council Assistants or Mayor’s Assistants is approved by the Council Member or Mayor.
**If an NLC or US Conference of Mayo rs meeting/conference is out-of-state, separate City Council approval is not necessary.
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CITY OFFICIALS
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EXHIBIT 2
MATRIX OF TRAVEL APPROVAL REQUIREMENTS FOR OFFICIAL TRAVEL
BY COUNCIL APPOINTEES
No Formal
Approval Required
City Council
approves the travel
In-state travel using Council Appointee’s
budget •
Out-of-state travel using Council Appointee’s
budget •
International Travel using Council Appointee’s
budget •
In-state travel, out-of-state travel, or
international travel using another
department’s budget, another govt entity
budget or other outside non-City funds
donated as a gift to the City (travel gift to City
requires Council approval before travel)
•
Travel on the annual City-to-City trip
sponsored by SVO/Chamber of Commerce •
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EXHIBIT 3
MATRIX OF TRAVEL APPROVAL REQUIREMENTS FOR OFFICIAL TRAVEL BY CITY COMMISSIONS3
No Formal
Approval Required
City Council
approves the travel
In-state travel using Commission budget
•
Out-of-state travel using Commission budget
•
International travel using Commission budget
•
In-state travel, out-of-state travel, or
international travel using another
department’s budget, another govt entity
budget or other outside non-City funds
donated as a gift to the City (travel gift to City
requires Council approval before travel)
•
1 Except for the City’s two Retirement Boards (who have their own source of funding and travel policies), the travel of all other City Boards, Commissions and Committees established by the City Council are subject to the City Policy Manual Section 1.8.2 (“Employee Travel Policy”).
2 In rare circumstances of an extended business trip over 7 calendar days and where the employee is required to conduct City business in excess of 5 days, reasonab le laundry expenses may be reimbursed for necessary business wear. If the business trip extends over 7 da ys due to personal extension, no laundry services or dry cleaning expenses will be reimbursed.
3 For this Policy, City Commissions are defined as the City’s Planning Commission, Civil Service Commission and Board of Fair Campaign and Political Practices. Travel by all other Cit y Boards, Commissions and Committees is governed by City Policy Manual Section 1.8.2 (“Employee Travel Policy”).