HomeMy WebLinkAbout2006-086
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RESOLUTION NO. 2006-86
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING AN EXPENSE AND REIMBURSEMENT POLICY FOR
LEGISLATIVE BODIES AND AN ETHICS TRAINING POLICY FOR ALL ELECTED
AND APPOINTED OFFICIALS
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6 WHEREAS, Government Code Section 53232 et, seq, became effective January
7 I, 2006 and said statute requires that a legislative body that reimburses members of a
8 legislative body for expenses incurred in the performance of official duties, the governing
9 body must adopt a written expense and reimbursement policy,
10 WHEREAS, the benefits of providing expense reimbursement include:
11 I, The opportunity to discuss the community's concerns with
12 state, federal and other regional and local officials; and
13 2, Participating in regional, state and national organizations
14 whose activities affect the City; and
15 3. Attending educational seminars designed to improve
16 officials' skill and information levels; and
17 4, Promoting public service and morale by recognizing such
18 service,
19 WHEREAS, this policy provides guidance to members of legislative bodies on
20 the use and expenditure of City resources, as well as the standards against which those
21 expenditures will be measured; and
22 WHEREAS, this policy would satisfy the requirements of Government Code
23 sections 53232.2 and 53233.3 in the event such requirements could be constitutionally
24 applied to charter cities; and
25 WHEREAS, this policy supplements the definition of actual and necessary
26 expenses for purposes of state laws relating to permissible uses of public resources; and
27 WHEREAS, this policy also supplements the definition of necessary and
28 reasonable expenses for purposes of federal and state income tax laws; and
2006-86
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING AN EXPENSE AND REIMBURSEMENT
POLICY FOR LEGISLATIVE BODIES AND AN ETHICS TRAINING POLICY
FOR ALL ELECTED AND APPOINTED OFFICIALS
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WHEREAS, this policy would also satisfy the requirements of Government Code
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section 53234 et. seq. requiring ethics training for elected officials and members of the
City's legislative bodies.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council hereby adopts the Expense and
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Reimbursement Policy for Legislative Bodies and an Ethics Training Policy for all
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Elected Officials, a copy of which is attached hereto and marked as Exhibit A; and
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SECTION 2. The attached policy is adopted in accordance with the requirements of
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Government Code sections 53232 through 53232.3, which became effective January I,
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2006-86
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING AN EXPENSE AND REIMBURSEMENT POLICY FOR
LEGISLATIVE BODIES AND AN ETHICS TRAINING POLICY FOR ALL ELECTED
AND APPOINTED OFFICIALS
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
joint adjourned
Mayor and Common Council of the City of San Bernardino at a re!\ular meeting
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thereof, held on the 27 tlrlay of March
, 2006, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA X
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10 BAXTER
X
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MCGINNIS X
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DERRY X
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KELLEY X
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15 JOHNSON X
16 MCCAMMACK X
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Q~h~
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City Clerk
approved this .:18 Ii
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The foregoing resolution is hereby
March , 2006.
day of
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~""'------";.
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24 Approved as to
Form and legal content:
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JAMES F. PENMAN,
City Attorney
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Per City Attorney's Office, City Attorney will not sign this resolution.
By:
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2006-86
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EXHIBIT A
CITY OF SAN BERNARDINO
Expense and Reimbursement Policy for Legislative Bodies and
Ethics Training Policy for Elected and Appointed Officials.
1. Purpose
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The purpose of this policy is to prescribe the manner in which Officials may be reimbursed
5 for expenditures related to City business and ethics training requirements pursuant to Government Code
Section 53234 et. Seq.
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Officials are encouraged to attend educational conferences and professional meetings when
7 the purposes of such activities are to improve City operation. Hence, there is no limit as to the number of
Officials attending a particular conference or seminar when it is apparent that their attendance is beneficial
8 to the City.
9 It is the policy of the City to encourage development and excellence of performance by
reimbursing expenses incurred for tuition, travel, lodging and meals as a result of training, educational
10 courses, participation with professional organizations, and attendance at local, state and national conferences
associated with the interests of the City.
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All reimbursement of actual and necessary expenses shall be pursuant to this Policy.
14 Official.
2. Scope
This policy applies to all Officials and is intended to result in no personal gain or loss to an
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3.
Definitions
16 "Official" means any member of any Legislative Body of the City of San Bernardino.
17 "City" means the City of San Bernardino.
18 "Director" means the Director of Finance or hislher designee.
19 "Legislative Body" has the same meaning as specified in Government Code Section 54952(a),
(b), and (c), commonly known as the "Brown Act."
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"Primary Legislative Body" means the San Bernardino City Council in the case of Council
2 I Members and, in the case of City Commissioners, Committee members and/or board members, the City
Commission, Committee or Board to which the City Council has confirmed the appointment of each
22 official/member.
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4.
Authorized Expenses
25 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:
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a.
Communicating with representatives of other local agencies, regional, state and
national government on City policy positions;
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to:
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b. Attending educational seminars designed to improve an Officials' skill and
information levels;
c. Participating in regional, state and national organizations whose activities affect the
City's interests;
d. Recognizing service to the City (for example, thanking a longtime employee with a
retirement gift or celebration of nominal value and cost);
e. Attending City events;
f. Implementing a strategy for attracting or retaining businesses to the city, and
Expenditures not listed in items 4, 7, 8 require prior approval by the Mayor and Common
Non-reimbursable Expenses
Examples of personal expenses that the City will not reimburse include, but are not limited
a. The personal portion of any trip;
b. Political contributions or events;
c. Travel companion expenses, including spouse, friend, or partner expenses when
accompanying a member on Department related business, as well as children and pets.
d. Entertainment expenses, including theater, movies (either in-room or at the theater),
sporting events (including gym, massage andlor golf related expenses), or other
cultural events unless the event has a relationship to City business;
e. Social or other recreational events, unless the event has a relationship to City
business;
f. Alcoholic beverages;
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g.
Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline;
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Expenses for which no receipts are submitted; and
Personal losses incurred while on City business.
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23 Any questions regarding the propriety of a particular type of expense should be resolved before the
expense is incurred, whenever possible.
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6. Reimbursable Expenses
To conserve City resources and keep expenses within community standards for Officials,
26 expenditures should adhere to the following guidelines. Unless otherwise specifically provided herein,
reimbursement for travel, meals, lodging, and other actual and necessary expenses shall be set at the Internal
27 Revenue Service rates presently in effect as established in Publication 463 or any successor publication.
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I Council Members:
2 Charter Section 234 provides for elected officers "to be entitled to receive reimbursement for
their necessary expenses while engaged on Municipal business, . . . .such expenses not to exceed the
3 expenses authorized for other city employees or officers."
4 Resolution Number 88-86 provides in Section 2.A: "The Mayor may authorize take-home
use of a city vehicle or, in lieu thereof, a monthly vehicle reimbursement allowance for any Elected Official,
5 Department Head, Deputy City Administrator or the City Administrator when the Mayor finds that the
position and responsibilities of the position require such use or allowance and that such use will be in the
6 best interest of the City of San Bernardino. The amount of any allowance shall be as adopted by resolution
of the Mayor and Common Council. ..
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Past practice, for over twenty years preceding the adoption of this policy has been that City
8 Department Heads may elect to be assigned a city owned vehicle for their use when on city business, or, in
the alternative, City Department Heads may elect to receive, in lieu of the assigned city vehicle, a vehicle
9 allowance, the amount of said allowance being set by the Mayor and Common Council.
lOIn conformity with Charter Section 234, elected officials shall, within ten days ofthe adoption
of this policy, or within ten days of being sworn into office, choose to either be assigned a city vehicle for
II their use while engaged on Municipal business or to receive the same vehicle allowance, in lieu of an
assigned city vehicle, as the head of a city department receives, per resolution adopted by the Mayor and
12 Common Council.
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Routine City Business
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14 Expenses incurred by an official while on City business that are properly documented with
receipts shall be paid or reimbursed by the City, including but not limited to the following instances:
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a.
Meals consumed while attending any conference, meeting, workshop, seminar or
convention.
b.
Meals hosted by Officials for the purpose of conducting or discussing City business.
Meals as part of an activity in which the Official is attending in his or her official
capacity.
Automobile mileage. Appointed officials shall be reimbursed for use oftheir personal
vehicles while on official City business at the established Internal Revenue Service
rates presently in effect (see www.irs.gov). 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.
c.
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SociallPublic Relations expenses (meals, certificates of appreciation, etc).
Home office expenses that have a relationship to City business but are not paid for
from the City budget.
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Telephone, Internet access, and Facsimile expenses. Officials will be reimbursed for
actual telephone, internet access, and fax expenses incurred on City business.
Telephone bills should identify which calls were made on City business. IfInternet
access at home is necessary for City business, that expense is eligible for
reimbursement.
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h.
Educational materials, newspapers, periodicals, and other publications.
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Out of town travel
3 Expenses incurred by any official while on City business that are properly documented by
receipts shall be paid or reimbursed by the City, including, but not limited to the following instances:
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a. Transportation
The most economical mode and class oftransportation reasonably consistent with scheduling
6 needs and cargo space requirements must be used, using the most direct and time-efficient route.
7 Airfare. Airfare at the best available economy class rate is reimbursable. If a government
rate is unavailable for the flight in question, airfare that does not exceed the average economy class fare
8 listed on web sites such as Expedia.com or an equivalent service shall be considered reasonable and,
therefore, reimbursable.
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Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates presently
] 0 in effect (see www.irs.gov). 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
1] and road tolls, which are also reimbursable. There will be no mileage reimbursement paid for rental
vehIcles, only receipted fuel expenses, bridge and road tolls and parking, will be reimbursed.
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13 Care rental. Charges for rental vehicles may be reimbursed under this provision if it is
determined that renting a vehicle is more economical than other forms oftransportation. In making such
]4 determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost
of such other forms of transportation. Government and group rates must be used when available. Itemized
15 receipts must be submItted with vehicle rental reimbursement requests.
Taxis/Shuttles. Taxis or shuttle fares may be reimbursed including a 15 percent gratuity
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per fare.
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b.
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c.
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Lodl!ine
Lodging expenses will be reimbursed or paid for when travel on official city business
reasonably requires an overnight stay.
Conference/Meetings. If such lodging is in connection with a conference/meeting, lodging
expenses should not exceed the group rate published by the conference/meeting 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 www.catravelsmart.com.
In the event that government rates are not available at a given time nor in a given area,
lodging rates that do not exceed the median retail price for lodging for that area listed on
websites like www.priceline.com or an equivalent service shall be considered reasonable
and, hence, reimbursable.
Meals
Reimbursable meal expenses and associated gratuities shall not exceed the maximum meal
reimbursement for other city employees or officers, pursuant to City Charter Section 234.
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The City will not pay for alcohol/personal bar expenses.
d.
Telenhone/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.
e. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from
home, not to exceed $15.00 per day, ifInternet access is necessary for city-related business.
f.
Airnort Parkin!!
Long-term airport parking should be used for travel exceeding 24-hours. Actual airport
parking expenses and associated gratuities will be reimbursed or paid when incurred by a
member of a legislative body in the performance of official duties.
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Other
Baggage handling fees of up to $2 per bag and gratuities of up to 15 percent will be
reimbursed or paid when incurred by an Official in performance of official duties.
Miscellaneous expenses for registration, tuition, parking, educational material provided at
13 conferences are reimbursable. Expenses for which City Officials receive reimbursement from
another agency are not reimbursable.
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9. Cash advance policy
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From time to time, it may be necessary for an Official to request a cash advance to cover
16 anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance
should be submitted to the Director of Finance pursuant to the Finance Department accounts payable
17 deadlines with the following information:
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a.
The purpose of the expenditure(s);
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The benefits of such expenditure to the residents of city;
c.
The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs,
and transportation expenses); and
d. The dates of the expenditure(s).
The allowable amount of case advance shall be 85 percent of the difference between the estimated
23 cost oftravel, less any expenditures paid by the City in advance.
24 Any unused advance must be returned to the Finance Department within five business days of the
Official's return, along with an expense report and receipts documenting how the advance was used
25 in compliance with this expense policy.
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10.
Reimbursement procedure
27 Whenever an Official desires to be reimbursed for out-of-pocket expenses for item(s) or
service(s) appropriately relating to City business, he/she shall submit theirrequests on a reimbursement form
28 approved by the Director of Finance. The reimbursement form will include, but not be limited to, an
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I explanation of the City-related purpose for the expenditure(s), and receipts evidencing each expense shall
be attached. City shall adhere to Government Code Sections 53232 through 53232.4 when dealing with
2 issues of remuneration and reimbursement of an Official.
3 The Director of Finance will review and approve reimbursement requests. Officials must submit
their expense reports within a reasonable amount of time of an expense being incurred, accompanied by
4 receipts documenting each expense. Inability to provide such documentation in a timely fashion may result
in the expense being borne by the Official.
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Any and all expenses that do not fall with within the adopted expense and reimbursement policy or
6 the IRS reimbursable rates are required to be approved by the Mayor and Common Council in a public
meeting prior to the expense(s) being incurred.
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Expenses that do not adhere to the adopted expense reimbursement policy or the IRS reimbursable
8 rates, or that do not receive prior approval from the Mayor and Common Council in a public meeting prior
to the expense being incurred, shall not be eligible for reimbursement.
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All expenses are subject to verification that they comply with this policy.
11. Brief Reports to Governing Board
At the next regularly scheduled meeting of the member's Primary Legislative Body, each
12 Official shall briefly report, either orally or in writing, on the meetings attended at City expense. Ifmultiple
members attended the meeting at City expense, a joint report may be made. Meetings oflegislative bodies
13 created solely by the members' Primary Legislative Body (i.e., council committee meetings, city board,
commission or committee meetings) are exempt from reporting to said legislative bodies on the actual
14 meetings of the council committee, board, commission or committee.
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12.
Compliance with Laws
16 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
17 the Public Records Act.
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Violation of This Policy
19 Misuse of public resources or falsifying expense reports in violation of this policy may result
in any or all of the following: I) loss of reimbursement privileges, 2) a demand for restitution to the City,
20 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 $1,000 per day and three times the value of the resources used, and 5) prosecution
21 for misuse of public resources.
22 Division 11
23 Ethics Training
24 All elected officials and all appointed members of council created committees and commissions
(collectively "Attendee(s)") shall receive two hours of training in general ethics principles and ethics laws
25 relevant to public service either by January 1,2007 or within one year of election or appointment and at least
once every two years thereafter, pursuant to Government code Sections 53234 through 53235.2.
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All ethics training shall be provided by entities whose curricula has been approved by the California
27 Attorney General and the Fair Political Practices Commission.
28 Attendees shall obtain proof of participation after completing the ethics training.
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1 City staff shall maintain records indicating both the dates that an Attendee completed the ethics
training and the name of the entity that provided the training. These records shall be maintained for at least
2 five years after the Attendee receives the training, and are public records subject to disclosure under the
California Public Records Act.
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City staff shall provide the Attendee with information on available training that meets the
4 requirements of this policy at least once every year.
5 Ethics training may consist of either a training course or a set of self-study materials with tests, and
may be taken at home, in person or online.
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An Attendee who serves more than one local agency shall satisfy the requirements ofthis article once
7 every two years without regard to the number oflocal agencies with which he or she serves.
8 Adopted by the Mayor and Common Council ofthe City of San Bernardino on March 27, 2006.
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