2006/01/24 City Council Resolution 2006-042RESOLUTION NO. 2006 - 42
RESOLUTION ADOPTING EXPENSE REIMBURSEMENT
AND USE OF PUBLIC RESOURCES
WHEREAS, Government Code section 36514.5 provides that city council
members may be reimbursed for actual and necessary expenses incurred in the
performance of official duties; and
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WHEREAS, the City of Rohnert Park ( "City ") adopted a "Policy for
Reimbursement of Expenses for City Council Members" by Resolution No. 2004 -19; and
WHEREAS, Assembly Bill 1234, which took effect on January 1, 2006, adds
Article 2.3, commencing with Government Code section 53232, to the Government
Code, addressing expense reimbursement to public officials; and
WHEREAS, the City wishes to update its expense reimbursement policy in
accordance with Assembly Bill 1234)-
WHEREAS, this policy satisfies the requirements of Government Code sections
53232 and following;
NOW, THEREFORE, the City Council resolves that the updated "Expense
Reimbursement and Use of Public Resources Policy," attached as Exhibit A to this
Resolution, is hereby adopted.
DULY AND REGULARLY ADOPTED this 24'x' day of January, 2006.
ATTEST: CITY OF ROHNERT PARK
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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CITY OF ROHNERT PARK
EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY
WHEREAS, the City ofRohnert Park ( "City ") takes its stewardship over the use
of its limited public resources seriously;
WHEREAS, public resources should only be used when there is a substantial
benefit to the city; and
WHEREAS, such benefits include:
The opportunity to discuss the community's concerns with state and federal
officials;
2. Participating in regional, state and national organizations whose activities
affect the City;
3. Attending educational seminars designed to improve officials' skill and
information levels; and
4. Promoting public service and morale by recognizing such service; and
WHEREAS, 1) legislative and other regional, state and federal agency business
is frequently conducted over meals; 2) sharing a meal with regional, state and federal
officials is frequently the best opportunity for a more extensive, focused and
uninterrupted communication about the City's policy concerns; and 3) each meal
expenditure must comply with the limits and reporting requirements of local, state and
federal law; and
WHEREAS, this policy provides guidance to elected and appointed officials on
the use and expenditure of City resources, as well as the standards against which those
expenditures will be measure; and
''WHEREAS, Municipal Code Section 2.12.050 provides that City Council
Members are to be reimbursed for actual and necessary expenses incurred in the
performance of official duties for the City; and
WHEREAS, this policy supplements the definition of actual and necessary
expenses for purposes of state laws relating to permissible uses of public resources; and
WHEREAS, this policy also supplements the definition of necessary and
reasonable expenses for purposes of federal and state income tax law; and
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WHEREAS, this policy also applies to any charges made to a City credit card,
cash advances or other line of credit.
The City's expense reimbursement policy is set forth below:
AUTHORIZED EXPENSES
City funds, equipment, supplies (including letterhead), titles, and staff time must only be
used for authorized City business. Expenses incurred in connection with the following
types of activities generally constitute authorized expenses, as long as the other
requirements of this policy are met:
1. Communicating with representatives of regional, state and national
government on City adopted policy positions;
2. Attending educational seminars designed to improve officials' skill and
information levels;
3. Participating in regional, state and national organizations whose activities
affect the City's interests;
4. Recognizing service to the City (for example, thanking a longtime employee
with a retirement gift or celebration of nominal value and cost);
5. Attending City events; and
6. Implementing a City - approved strategy for attracting or retaining businesses to
the City, which will typically involve at least one staff member.
All other expenditures require prior approval by the City body.
The following expenses also require prior governing body approval:
1. International (and out -of- state) travel.
Examples of personal expenses that the City will not reimburse include, but are not
limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on
agency - related business, as well as children or pet - related expenses;
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4. Entertainment expenses, including theater, movies (either in -room or at the
theater), sporting events (including gym, massage and/or golf related expenses), or other
cultural events;
5. Non - mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
6. Personal losses incurred while on City business. any questions regarding the
propriety of a particular type of expense should be resolved by the approving authority
before the expense is incurred.
COST CONTROL
To conserve City resources and keep expenses within community standards for public
officials, expenditures should adhere to the following guidelines. In the event that
expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the
city will be limited to the costs that fall within the guidelines.
TRANSPORTATION
The most economical mode and class of transportation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct and
time - efficient route. Government and group rates must be used when available.
Airfare - Airfares that are equal or less than those available through the enhanced Local
Government Airfare Program offered through the League of California Cities
(www.cacities.org/travel), the California State Association of Counties
(http: / /www.csac.counties.org) and the State of California are presumed to be the most
economical and reasonable for purposes of reimbursement under this policy.
Automobile - Automobile mileage is reimbursed at Internal Revenue Service rates in
effect at the time the expense is occurred. These rates are designed to compensate the
driver for gasoline, insurance, maintenance, and other expenses associated with operating
the vehicle. This amount does not include bridge and road tolls, which are also
reimbursable.
Car Rental - Rental rates that are equal or less than those available through the State of
California's website ( http:// www .catraveismart.com/default.htm) shall be considered the
most economical and reasonable for purposes of reimbursement under this policy.
Taxis /Shuttles - Taxis or shuttles fares may be reimbursed, including a 15 percent
gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals,
gasoline and parking combined, or when such transportation is necessary for time -
efficiency.
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LODGING
Lodging expenses will be reimbursed or paid for when travel on official City business
reasonably requires an overnight stay.
Conferences/Meetings - If such lodging is in connection with a conference, lodging
expenses must not exceed the group rate published by the conference sponsor for the
meeting in question if such rates are available at the time of booking. If the group rate is
not available, see next section.
Other Lodging - Travelers must request government rates, when available. A listing of
hotels offering government rates in different areas is available at
http: / /www.catravelsmart .com/lodguideframes.htm. Lodging rates that are equal or less
to government rates are presumed to be reasonable and hence reimbursable for purposes
of this policy.
In the event that government rates are not available at a given time or in a given area,
lodging rates that do not exceed the General Services Administration per diem rates for a
given area are presumed reasonable and hence reimbursable.
MEALS
Meal expenses and associated gratuities will be reimbursed at the rates specified in the
General Services Administration published per diem rate,
The City will not pay for alcohol/personal bar expenses.
TELEPHONE/FAX /CELLULAR
Officials will be reimbursed for actual telephone and fax expenses incurred on City
business. Telephone bills should identify which calls were made on City business. For
cellular calls when the official has a particular number of minutes included in the
official's plan, the official can identify the percentage of calls made on public business.
AIRPORT PARKING
Long -term parking must be used for travel exceeding 24- hours.
Baggage handling fees of up to $1 per bag and gratuities of up to IS percent will be
reimbursed. Expenses for which City officials receive reimbursement from another
agency are not reimbursable.
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CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to cover
anticipated expenses while traveling or doing business on the City's behalf Such request
for an advance should be submitted on a Check Requisition form to the Director of
Administrative Services seven (7) days prior to the need for the advance with the
following information:
1. The purpose of the expenditure(s);
2. The benefits of such expenditure to the residents of City;
3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal
costs, and transportation expenses); and
4, The dates of the expenditure(s).
Any unused advance must be returned to the Finance Department within one week of the
official's return, along with an expense report and receipts documenting how the advance
was used in compliance with this expense policy.
In the event the Director of Administrative Services is uncertain as to whether a request
complies with this policy, such individual must seek resolution from the City governing
board.
CREDIT CARD USE POLICY
City does not issue credit cards to individual office holders but does have an agency
credit card for selected City expenses. City office holders may request the City to use the
City's credit card for such purposes as airline tickets and hotel reservations. Receipts
documenting expenses incurred on the City credit card and compliance with this policy
must be submitted by the cardholder when received to the Finance Department.
City credit cards may not be used for personal expenses, even if the official subsequently
reimburses the city. There will be no cash advances on credit cards.
EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE
All cash advance expenditures, (credit card expenses) and expense reimbursement
requests must be submitted on an expense report form provided by the City. This form
shall include the following advisory:
All expenses reported on this form must comply with the
City's policies relating to expenses and use of public
resources. The information submitted on this form is a
public record. Penalties for misusing public resources and
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violating the City's policies include loss of reimbursement
privileges, restitution, civil and criminal penalties as well as
additional income tax liability.
Expense reports must document that the expense in question met the requirements of this
policy. For example, if the meeting is with a legislator, the local agency official should
explain whose meals were purchased, what issues were discussed and how those relate to
the City's adopted legislative positions and priorities.
Officials must submit their expense reports within 30 days of an expense being incurred,
accompanied by receipts documenting each expense. Restaurant receipts, in addition to
any credit card receipts, are also part of the necessary documentation.
Inability to provide such documentation in a timely fashion may result in the expense
being borne by the official.
AUDITS OF EXPENSE REPORTS
All expenses are subject to verification that they comply with this policy.
REPORTS TO GOVERNING BOARD
At the following City governing body meeting, each official shall briefly report on
meetings attended at City expense. If multiple officials attended, a joint report may be
made.
COMPLIANCE WITH LAWS
City officials should keep in mind that some expenditures may be subject to reporting
under the Political Reform Act and other laws. All agency expenditures are public
records subject to disclosure under the Public Records Act.
VIOLATION OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may
result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for
restitution to the City, 3) the agency's reporting the expenses as income to the elected
official to state and federal tax authorities, 4) civil penalties of up to $2,000 per day and
three times the value of the resources used, and 5) prosecution for misuse of public
resources.
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