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HomeMy WebLinkAboutCity Council Resolution 15-008 - Adopting the Saratoga Council and Commission Expense Policy RESOLUTION NO. 15-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A COUNCIL AND COMMISSION EXPENSE POLICY A. WHEREAS, section 53232.2(a)of the Government Code authorizes local agencies to "reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties." B. WHEREAS, section 53232.2(b)of the Government Code requires local agencies who make such reimbursements to"adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expense relating to travel,meals, lodging,and other actual and necessary expenses." C. WHEREAS,section 2-10.180(b)of the City Code provides that the City Council may,by resolution, establish a policy for the reimbursement of actual and reasonable expenses including,but not limited to,the cost of travel,meals, lodging and registration fees for attendance at meetings or functions as the designated representative of the City Council. D. WHEREAS the City believes that it is in the public interest to adopt a formal policy for payment of expenses incurred by members of its legislative bodies in the course of their official duties. NOW THEREFORE BE IT RESOLVED THAT: The City Council hereby adopts the attached policy,entitled"City of Saratoga Council and Commission Expense Policy." This resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 4th day of March, 2015 by the following vote: AYES: Mayor Howard A.Miller,Vice Mayor Manny Cappello,Council Member Emily Lo,Mary- Lynne Bernald,Rishi Kumar NOES: None ABSENT: None ABSTAIN: None �i Howard A. Miller,Mayor ATTEST: . OftqC-TAJ �. DATE: I Crystal Bothelio,City Clerk i' Page 1 of 1 City of Saratoga Expense Reimbursement PoIiGy for E!en+ed anr! Appointed OffiniCouncil and Commission Expense Policy I. Purpose The City of Saratoga takes its stewardship over the use of its limited public resources seriously. This policy provides g iidanne to eleGted and appeinterl ncffirvrRials on direction to City Council Members and City Commissioners, on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured. II. General A. City resources should be used only when there is a benefit to the City, including: • The opportunity to discuss the community's concerns with state and federal officials and representatives of other local governments in the region; • Participating in regional, state, and national organizations whose activities affect the City; aAn • Attending d Gatingseminars designed to imnreye nffiGialj' skill d infermatinn IeFels,Q s • Dremetinn p bliG coniine and moral by rsUnh serVine • Educational expenses related to improving the City Officials' skill and knowledge. III. I-L. Authorized Expenses A. City funds, equipment, supplies (including letterhead), and staff time must only be used for authorized City business and may not exceed the adopted budget appropriation. Gvnnnses inns erred in nennentien with the folleWmRg other requirements of this noliGy are met: B. 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; Adopted March 4, 2015 Page 1 2. Attending educational seminars or procurement of educational materials designed to improve officials' skill and information levels; 3. Participating in regional, state, and national organizations whose activities affect the City's interests; and 4 ReGegni�g� aTc f�TeCit (for example, thanking a lengtimee e aPA 4. -5-. Attending City and City-related events.;a G: Implementing a City appreved strategy for attranting er retaining hi isipess te the e whiGh Will typiGally involve at least one staff member-. 111 Pre approval of Expenses A. Pre approval of expenses to be *RGUrred is not required eXGept that the folleWiRg expenses require prier Mayoral approval: 1. international and ei it of stattravel; 7 Expenses exneeding $250 per trip or event; and 3. Expenses not related to Sentien 11. A.! through A.6 but whish Renetheless offer substantial benefit to the G4 IV. Expenditure Approval Requirements A. For Council Members: Pre-approval of expenses to be incurred is no required, except that the following expenses require prior approval from he Mayor (or Mayor pro tem in the absence of the Mayor) 1. International and out-of-state travel; 2. Expenses (other than related to conferences sponsored by the League of California Cities) exceeding $500 per trip; and 3. Expenses not related to Section III. B.1 through B.4, but which nonetheless will offer substantial benefit to the City. B. For Commissioners, all expenditures require pre-approval by the Commission's staff liaison. Adopted March 4, 2015 Page 2 V. W-. Non-authorized Expenses A. 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; 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. Alcoholic beverages, either as a portion of a meal expense or as a separate charge: 5. 6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 7. Any additional costs related to the extension of travel beyond what is required for business-related purposes (except due to travel restrictions caused by inclement weather): and 678. Personal losses incurred while on City business. B. Any questions regarding authorization of a particular type of expense should be resolved by the approving authority before the expense is incurred. VI. V-. Cost Control A. 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. 1. Transportation a. 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. Adopted March 4, 2015 Page 3 b. Charges for rental vehicles may be reimbursed under this provision if it is determined that using a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of other forms of transportation. Government and group rates must be used when available. 2. Airfare a. Airfares shall be booked through the City Manager's Office for the lowest available cost that meets business travel needs. b. Luggage Fees from airlines will be reimbursed for one checked baa that weighs 50 pounds or under. a. A"Pfares that are equal to er less thaR these available thFough the GnhaRGed I oval Government Airfare Program offered through the League ie of Galifornia Cities (http•//Wnnnni GaGotmes org/travels the , Galifernia State AsSov EiatiBn Of COURrties f olifnrnio are presumed to be the most oggngmigol onrd roocgnohlo 3. Automobile a. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see http://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. Forms for this reimbursement are available. b. Automobile rental expenses, including insurance coverage recommended by the City's Risk Manager, will be reimbursed at rates not to exceed business class auto rentals. Fuel expenses for business related usage will also be reimbursed. however repairs or citations resulting from the use of the rental vehicle will not be reimbursed. h The Internal Revenue SeFViGe rotes will net he paid for rental vehinles• only reneipterd fuel expenses will he reimbursed-. e Those rates ran be ar-Gessed frorn the state's webs'te without b6ng a mernber of these programs by going to httID://www.r-altraveismart.Gom/default.htm and clicking on "Dscount Travel Fares ff"c 0 al �crsR isanescT' rr r�.r. Adopted March 4, 2015 Page 4 /1 Car Rental a. ReRtal rates that are equal er less thaR these available through t State of GallfOrRia'O website (http://Wnnni Gatraye!smart nOm/default htm) shall be GGRSidered the meet eGeRemiGal and reaSORable fer purposes "f reirnb rrserneR URder this travel POI*Gy-. 4. -5-. Taxis/Shuttles a. Taxis or shuttles fares may be reimbursed, including a fifteen (15%) percent gratuity per fare. Taxis or shuttles may be utilized when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. �- Lodging a. Lodging expenses will be paid or reimbursed when official Citv business requires an overnight stay that exceeds 50 miles from Saratoga City Hall, unless otherwise approved by the Mayor. a WheR travel on O fT I rity hi iciness reasari� requires i in-r eveMight stay, ledgiRg expeRses will be paid fer or reimbursed. �- Conferences/Meetings a. If lodging is in connection with a conference, expenses must not exceed the group rate published by the conference sponsor, if such rates are available at the time of booking. If the group rate is not available, the policy in the following section "Other Lodging" shall apply. 7. 8-. Other Lodging a. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.dgs.ca.gov/travel http://Wnnnni Gatrayeismart GGm/ledge iideframoc,htm. Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. b. 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 IRS per diem rates for a given area are presumed reasonable and hence Adopted March 4, 2015 Page 5 reimbursable'. See Form 2106 -EZ at www.irs.gov . The site provides references to hotels that have government rates at or below Internal Revenue Service per diem limits. Per Diem rates vary by location and can be found at www.gsa.gov/perdiem . g- Meals a. Meal expenses (breakfast, lunch, dinner) and associated gratuities are limited to a total of $100/day with receipts. Partial conference and travel days are pro-rated. The City does not reimburse for snacks and drinks between meals. b. If meals are included in the cost of the business-related activity registration fee, but Council or Commissioner elects to purchase the meal from another source, the cost of that meal will not be paid by the City. c. If receipts are not available, a per diem reimbursement will be provided in the following amounts: Breakfast: $15 Lunch: $15 Dinner: $30 a Reimbursable meal expenses and asseniated gratuities Will not b. Meal reffimbursemeRt ameURtS will be aRRually adjusted to ref!eGt Ghanoes in the Gest of living in annordanoe with statistins nihlished by United States Department of Labor, caai of Statistins Consume Drine Index for the Saratoga area (The annual ad�Jtment will he based on the Saratoga area whether travel ��urcr ca--av-�T cr-n-uP within the area or not.) . Laundry Service a. Laundry services are generally not eligible for reimbursement. On a case-by-case basis, when an extended business trio extends over seven (71 or more calendar days, reasonable laundry expenses may be reimbursed for necessary business clothing. 2 See Pubkatmon 1542 at w www.po1'cVworks.qov/[)erd' The site also has references to hotels that have govern rn zei��_=tesat -r-b, elow internal Revenue SerViGe per diern limits. For example, fo 2006, the standard per diern rate for lodging in the continental United States is $60. However, the rate fo the can CranG'sne area (as .def peal) is $130 Adopted March 4, 2015 Page 6 10. Teleph O Re/F-ax/Sellu lar 0RG i red OR City b iciness. Tel hone bills shio�'�QeRti i whiGh Galls were made on Gity business.- minutes innlurderd in the offinial's plan the official non identify the e 10. 44- Internet a. If Internet access is necessary for City-related business and is not provided free of charge at the conference or hotel site, officials will be reimbursed for Internet access connection and/or usage fees away from home not to exceed $20.00 $15.00 per day. 11. 42-. Airport Parking a. Officials will be reimbursed for airport parking related to City business-related travel. b. Long-term parking must be used for travel exceeding 24-hours. Where practical, an airport shuttle should be used if the cost of the shuttle to and from the airport would be less than the anticipated cost of long term parking. 12. 4-3-. Other o Baggage handlinn fees of up to $1.00 per hen and gratuities of up to fifteen (151%) pernent will he reimbursed a. b-. Expenses for which City officials receive reimbursement from another agency are not reimbursable. VI Cash Advanne PeIiGy A From o time it may he ne ary fnr an effi I request a sh rr-rTvrrTtl�e-tvz�rr rc�rrl�y-�rrcc�S a c�arte �Eavn adyanne to Goyer antiGipaterd expenses whole traveling or doing business on the Gity's behalf R /A "(Foch AdyaRGe�rm shei ilyd he submitted � Gity Manager or the nor-v�.m�a�T i-n-r��va�a� rvrcrrrcrgcr-vim Gity Manager's designee ten (1 0) business days prier to the need fnr the vaRGe !Sample App ' G. ARy unused advaRGe must be returRed te the Gity treasury within twe (2) business days of the nffiGials return. Adopted March 4, 2015 Page 7 ID. IR the eVeRt the Gity MaRageris WRGer-taiR as to whether a request r+emplies with this pelinYi the requester must cook resell hien from the Mayor. VII Credit Card Use Doliw holders but does have a (mal Card it makes available fer sedenterd City expeR&2S-. ++anrd hoteli i reseryatiens that welyd he eligible for reimbursement pi �l rrsent tO thisPG)!G1y. G. The Cal Card may Ret be used feF PeFSGRal expenses even if the effiGial 0RteR ds to reimburse the City fer these expenses VII. VIL Expense Report Content and Submission Deadline A. All Gash ard„anne expenditure nrerdit Gard expenses anrd expense reimb ursemept requests reports and expense reimbursement requests must be submitted on an the City's current "Expense Report" form (Sample AppeRdix "B") within thirty (30) days of an expense being incurred. The form must be accompanied by receipts documenting each expense or supporting documentation if requesting a per-diem meal reimbursement. Reimbursement is permitted only for meals that are not provided by the conference/meeting/seminar. B. 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. C. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. VIII. D(-. Audits of Expense Reports A. All expenses are subject to verification that they comply with this policy. IX. X-. Reports to City Council or Commission A. Following an event for which a reimbursement claim has or will be submitted, the official seeking reimbursement shall, at the next regular Adopted March 4, 2015 Page 8 City Council or Commission meeting (or at an earlier special meeting if practical), briefly report on the event. If multiple officials attended, a joint report may be made. X.-X4-. Compliance with Laws A. 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. B. This policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources. C. This policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws. XI. XW Violation of This Policy A. 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 City reporting to state and federal tax authorities that the official's expenses are income; 4. Civil penalties of up to $1,000 per day and three times the value of the resources used; and 5. Prosecution for misuse of public resources. Adopted March 4, 2015 Page 9