HomeMy WebLinkAboutAgenda Report - April 18, 2007 K-03•�
AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Consider Adoption of Revised Travel and Expense Reimbursement Policy
MEETING DATE: April 18, 2007
PREPARED B Y Randi Johl, City Clerk
RECOMMENDED ACTION: It is recommended that the City Council consider the attached
revised Travel and Expense Reimbursement Policy and adopt the
same, by resolution, if so desired.
BACKGROUND INFORMATION: On December 20, 2006, the City Council unanimously adopted
Resolution No. 2006-230, attached hereto as Exhibit "A," approving
the City's current expense reimbursement policy. The policy was
adopted in responseto the passageof Assembly Bill 1234 relating
to expense reimbursement and ethics training requirementsfor local officials (Government Code 553232
et seq.). Staff thereafter received a request to bring forth a policy regarding the possibility of combining
unused individual Council Member travel funds into a single account to allow for maximum usage of the
funds by all Council Members. The attached revised policy, attached hereto as Exhibit "B," reflects the
proposed change and miscellaneous clean-up revisions for the existing policy. Staff recommends City
Council consideration of the same and adoption, by resolution, if so desired.
FISCAL IMPACT None: funding remainsthe same, only utilization may change.
FUNDING AVAILABLE: Not applicable. Funding remains the same as previously budgeted for, only
utilization may change.
Attachments
C(;�_
Randi T561
City Clerk
APPROVED: /`&'
Jar King, City Manager
N:1Administration\CiLRKICouncillCOUNCO WTravel.doc
RESOLUTION NO. 2006-230
A RESOLUTION CIE THE LODI CITY
COUNCIL APPROVING AB1234 EXPENSE
REIMBURSEMENT POLICY
------------------
------------------------------
WHEREAS, the City of Lodi takes its stewardship over use of its limited public
resources seriously: and
WHEREAS, public resources should only be used when there is a substantial
benefit to the City: and
WHEREAS, such benefits include:
1. 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.
WHEREAS, legislative and other regional, state, and federal agency business is
frequently conducted over meals; and
WHEREAS, 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 of Lodi's policy concerns; and
WHEREAS, each meal expenditure must comply with the limits and reporting
requirementsof local. state, and federal law; and
WHEREAS, this policy provides guidance for elected and appointed officials on
the use and expenditure of City resources, as well as standards against which those
expenditures will be measured; and
WHEREAS, this policy satisfies requirements of Government Code sections
53232.2 and 53233.3; 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 laws; and
WHEREAS. this policy also applies to any charges made to a City credit card,
cash advance, or other line of credit.
NOW; THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
approves the AB1234 Expense Reimbursement Policy attached hereto as Exhibit A.
Dated: December 20,2006
I hereby certify that Resolution No. 2006-230 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 20, 2006, by the
following vole:
AYES: COUNCIL MEMBERS- Hansen, Hitchcock, Katzakian, Mounce,
and Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS- None
ABSTAIN: COUNCIL MEMBERS- None
2006-230
Expense and Use of Public Resources
Policy Statement
Findings
Whereas, the City of Lodi takes its stewardship over use of its limited public
resources seriously.
Whereas, public resources should only be used when there is a substantial
benefit to the City.
Whereas. such benefits include:
1. 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.
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 of Lodi's policy concerns: and (3) each
meal expenditure must comply with the limits and reporting requirements of local, state,
and federal law.
Whereas, this policy provides guidance for elected and appointed officials on the
use and expenditure of City resources, as well as standards against which those
expenditures will be measured.
Whereas, this policy satisfies requirements of Government Code sections
53232.2 and 53233.3.
Whereas, this policy supplements the definition of actual and necessary
expenses for purposes of state laws relating to permissible uses of public resources.
Whereas, this policy also supplements the definition of necessary and
reasonable expenses for purposes of federal and state income tax laws.
Whereas: this policy also applies I o any charges made to a City credit card, cash
advance. or other line of credit.
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 City Council. The following expenses
also require prior City Manager approval:
1. International and out-of-state travel;
2. Expenses which exceed the annual limits established for each office holder;
and
3. Expenses exceeding five hundred dollars ($500.00) per trip.
Examples of personal expenses 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
City -related business. as well as children or pet -related expenses:
4. Entertainment expenses. including theater. movies (either in -room or at
theater), sporting events (including gym. massage, and/or golf related
expenses), or other cultural events:
2
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 expenses
are incurred which exceed these guidelines, the cost borne or reimbursed by the City
will be limited to costs that fall within the guidelines.
Transportation
The most economical mode and class of transporlation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct
and time -efficient route. Charges for rental vehicles may be reimbursed under this
provision if more than one City official is attending an out of town conference, and it is
determined that sharing a rental vehicle is more economical than other forms of
transporlation. In making such 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.
Airfare. Airfares that are equal to 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/delault.asp?id=635) 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
presently in effect (seewww.irs.gov). For 2006, the rate is 44.5 cents per mile. 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. Internal Revenue Service rates will
not be paid for rental vehicles: only receipted fuel expenses will be reimbursed.
Car Rental. Rental rates that are equal or less than those available through the State of
California's website (http://www.catravelsmarl.com/default.htm) shall be considered the
most economical and reasonable for purposes of reimbursement under this policy.
Taxis/Shuttles. Taxi or shuttle 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 transporlation is necessary for time -
efficiency.
3
Lodging
Lodging expenses will be reimbursed or paid for when travel on official City business
reasonably requires an overnight stay.
Conferences/Meetings. W 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.catravelsmarl.com/lodauidefrarnes.htm. Lodging rates equal or less than
government rates are presumed to be reasonable and hence reimbursable for purposes
of this policy.
Option #1 (Median Hotel Cost): In the event government rates are not available at a
given time or 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.
Option #2 (Flat Cap). In the event government rates are not available at a given time or
in a given area, lodging rates that do not exceed $150 per night are presumed
reasonable and hence reimbursable.
Option #l3 (IRS Rates). In the event 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 reimbursable.
Meals
Reimbursable meal expenses and associated gratuities will not exceed the following
rates:
Breakfast $12
Lunch $18
Dinner $35
Such amounts will be annually adjusted to reflect changes in the cost of living in
accordance with statistics published by the United States Department of Labor, Bureau
of Labor Statistics Consumer Price Index, all urban consumers for the San Francisco -
Oakland -San Jose Area. (The annual adjustment will be based on this area whether
travel is within the area or not.) The City will not pay for alcohol/personal bar expenses.
4
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.
Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from
home, not to exceed $15.00 per day. if Internet access is necessary for City -related
business.
Airport Parking
Long-term parking must be used for travel exceeding 24 -hours.
Other
Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be
reimbursed. Expenses for which City officials receive reimbursement from another
agency are not reimbursable.
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 to the Department Head or responsible City
official ten (10) business 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 City Finance Division within five (5)
business days 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 Department Head or responsible City official is uncertain as to whether
a request complies with this policy. such individual must seek resolution from the City
Council.
5
Credit Card Use Policy
The City does not issue credit cards to individual office holders but does issue credit
cards for selected City expenses. City office holders may use these credit cards for
such purposes as airline tickets and hotel reservations by following the same
procedures for cash advances. Receipts documenting expenses incurred on City credit
cards and compliance with this policy must be submitted within five (5) business days of
return.
City credit cards may not be used for personal expenses, even if the official
subsequently reimburses the City.
Business Expense Report Content and Submission Deadline
All cash advance expenditures, credit card expenses. and expense reimbursement
requests must be submitted on a business expense report form provided by the City.
This Corm 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 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 City 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 wilh this policy.
Reports to City Council
At the following City Council meeting the official attends, the official shall provide a brief
report on meetings attended at City expense. If multiple officials attended, a joint report
may be made.
6
Compliance with Laws
City otficials should keep in mind that some expenditures may be subject to reporting
under the Political Reform Act and other laws. All City 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 $1,000 per day and
three times the value of the resources used, and (5) prosecution for misuse of public
resources.
TRAVEL AND EXPENSE REIMBURSEMENT POLICY
STATEMENT AND FINDINGS
Whereas, the City of Lodi takes its stewardship over use of its limited public resources
seriously; and
Whereas, public resources should only be used when there is a substantial benefit to the
City; and
Whereas, such benefits include, but are not limited too, (1) 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 of Lodi'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 for elected and appointed officials on the use
and expenditure of City resources, as well as standards against which those expenditures will
be measured; and
Whereas, this policy satisfies requirements of Government Code Sections 53232.2 and
53233.3; 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 laws; and
Whereas, this policy also applies to any charges made to a City credit card, cash
advance, or other line of credit;
Now, therefore, the City Council of the City of Lodi, does hereby set forth its Travel and
Expense Reimbursement Policy as provided below.
POLICY
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 his 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 City Council.
Examples of personal expenses the City will not reimburse include, but are not limited to, the
following:
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 City -
related business, as well as children or pet -related expenses;
4. Entertainment expenses, including theater, movies (either in -room or at 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 guidelines set forth in this policy. In the event expenses are
incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited
to costs that fall within the guidelines.
W
Transaortation
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. Charges for rental vehicles may be reimbursed under this provision when it is determined
that 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 such other forms of transportation. Government and group rates must be used
when available.
Airfares that are equal to or less than those available through the Enhanced Local Government
Airfare Program offered through the League of California Cities, the California State Association
of Counties, and the State of California are presumed to be the most economical and
reasonable for purposes of reimbursement under this policy.
F—IM •usili'
Automobile mileage is reimbursed at Internal Revenue Service (IRS) rates presently in effect
For 2006, the rate was 44.5 cents per mile, and may be adjusted thereafter by the IRS. 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. RS rates will not be paid for rental vehicles; only receipted
fuel expenses will be reimbursed.
Car Rental
Rental rates that are equal to or less than those available through the State of California's
website (http://www.catravelsmart.com/default.htm) shall be considered the most economical
and reasonable for purposes of reimbursement under this policy.
Taxis/Shuttles
Taxi or shuttle fares may be reimbursed, including a fifteen percent (15%) 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.
Lodging
Lodging expenses will be reimbursed or paid for when travel on official City business reasonably
requires an overnight stay.
Conferences / Meetinas
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 Lodain
Travelers must request government rates, when available. Lodging rates equal to or less than
government rates are presumed to be reasonable and hence reimbursable for purposes of this
policy. A listing of hotels offering government rates in different areas is available at
hftp://www.catravelsmart.com/lodguideframes.htm.
In the event that government rates are not available at a given time or in a given area, the
following rates shall be considered reasonable and reimbursable: (1) 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; (2) lodging rates that do not exceed $150 per night; and/or (3) lodging
rates that do not exceed the IRS per diem rates for a given area.
Meals
Reimbursable meal expenses and associated gratuities will not exceed the following rates:
Breakfast
$12
Lunch
$18
Dinner
$35
Such amounts will be annually adjusted to reflect changes in the cost of living in accordance
with statistics published by the United States Department of Labor, Bureau of Labor Statistics
Consumer Price Index, all urban consumers for the San Francisco -Oakland -San Jose Area.
(The annual adjustment will be based on this area whether travel is within the area or not.) 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.
Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home,
not to exceed $15.00 per day, if Internet access is necessary for City -related business.
Airport Parking
Long-term parking must be used for travel exceeding 24 -hours.
Other
Baggage handling fees of up to $1 per bag and gratuities of up to fifteen percent (15%) will be
reimbursed. Expenses for which City officials receive reimbursement from another agency are
not reimbursable.
al
10M IT—Are 07MR-3 201156
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 to the Department Head or responsible City official ten (10)
business 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 City Finance Division within five (5) business days
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 Department Head or responsible City official is uncertain as to whether a
request complies with this policy, such individual must seek resolution from the City Council.
Credit Card Use Policy
The City does not issue credit cards to individual officeholders but does issue credit cards for
selected City expenses. City officeholders may use these credit cards for such purposes as
airline tickets and hotel reservations by following the same procedures for cash advances.
Receipts documenting expenses incurred on City credit cards and compliance with this policy
must be submitted within five (5) business days of return.
City credit cards may not be used for personal expenses, even if the official subsequently
reimburses the City.
Business Expense Report Content and Submission Deadline
All cash advance expenditures, credit card expenses, and expense reimbursement requests
must be submitted on a business ®cpense 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 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 City official should explain whose
meals were purchased, what issues were discussed, and how those relate to the City's adopted
legislative positions and priorities.
5
Officials must submit their expense reports within thirty (30) days of an expense being incurred,
accompanied by receipts documenting each expense. Restaurant receipts, in addition to any
credit card receipts or other written documents, 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 City Council
At the following City Council meeting the official attends, the official shall provide a brief report
on the 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 City expenditures are public records subject to
disclosure under the Public Records Act.
Individual Officeholder Expense Accounts
The Council shall establish an annual budget for conferences, meetings, seminars, and training.
Council Members shall attend such events at their own discretion for purposes of improving
comprehension and proficiency of municipal affairs and/or legislative operations. The budget
shall be divided equally among the Council Members for individual usage throughout the fiscal
year, with the Mayor receiving an additional $500 allocation for representation purposes. At the
mid -year review of the City's fiscal budget, Council Members may, on a voluntary basis, donate
any unused funds which have not been earmarked for usage throughout the remainder of the
year, to a combined account with the intent of the funds being used by other Council Members
who may have exceeded their individual amounts. It is understood that individual members of
the City Council may have differing educational needs and interests. The underlying principle is
that it is in the best interest of the City that elected and appointed officials remain informed and
trained in activities, developments, and professional trends affecting the affairs of the City and
its citizens.
Violation of this Pol
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 $1,000 per day and three times the value of the
resources used, and (5) prosecution for misuse of public resources.
Con
RESOLUTION NO. 2007-72
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING REVISEDAB1234 EXPENSE
REIMBURSEMENT POLICY AND THEREBY
RESCINDING RESOLUTION 2006-230
WHEREAS, the Lodi City Council adopted Resolution No. 2006-230 on
December 20, 2006, approving the expense reimbursement policy in response to the
passage of Assembly Bill 1234 relating to expense reimbursement and ethics training
requirements for local officials (Government Code §53232 et seq.); and
WHEREAS, the revised policy, attached hereto and marked as ExhibitA, reflects
a change regarding unused individual Council Member travel funds, as well as
miscellaneous clean-up revisions.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
approves the revised AB1234 Expense Reimbursement Policy attached hereto as
Exhibit A.
Dated: April 18, 2007
I hereby certify that Resolution No. 2007-72 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 18,2007, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Katzakian, and MounCe
NOES: COUNCIL MEMBERS — MayorJohnson
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
ANDI JOHL
City Clerk
2007-72
EXHIBIT A
TRAVEL AND EXPENSE REIMBURSEMENT POLICY
STATEMENT AND FINDINGS
Whereas, the City -of Lodi takes its stewardship over use of its limited public resources
seriously; and
Whereas, public resources should only be used when there is a substantial benefit to the
City; and
Whereas, such benefits include, but are not limited too, (1) 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 of Lodi'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 for elected and appointed officials on the use
and expenditure of City resources, as well as standards against which those expenditures will
be measured; and
Whereas, this policy satisfies requirements of Government Code Sections 53232.2 and
53233.3; 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 laws; and
Whereas, this policy also applies to any charges made to a City credit card, cash
advance, or other line of credit;
Now, therefore, the City Council of the City of Lodi, does hereby set forth its Travel and
Expense Reimbursement Policy as provided below.
POLICY
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 City Council.
Examples of personal expenses the City will not reimburse include, but are not limited to, the
following:
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 City -
related business, as well as children or pet -related expenses;
4. Entertainment expenses, including theater, movies (either in -room or at 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 guidelines set forth in this policy. In the event expenses are
incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited
to costs that fall within the guidelines.
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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. Charges for rental vehicles may be reimbursed under this provision when it is determined
that 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 such other forms of transportation. Government and group rates must be used
when available.
Airfare
Airfares that are equal to or less than those available through the Enhanced Local Government
Airfare Program offered through the League of California Cities, the California State Association
of Counties, 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 (IRS) rates presently in effect.
For 2006, the rate was 44.5 cents per mile, and may be adjusted thereafter by the IRS. 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. IRS rates will not be paid for rental vehicles; only receipted
fuel expenses will be reimbursed.
Car Rental
Rental rates that are equal to 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
Taxi or shuttle fares may be reimbursed, including a fifteen percent (15%) 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 necessaryfor time -efficiency.
Lodaing
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.
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Other Lodgina
Travelers must request government rates, when available. Lodging rates equal to or less than
government rates are presumed to be reasonable and hence reimbursable for purposes, of this
policy. A listing of hotels offering government rates in different areas is available at
http://www.catravelsmart.com/lodquideframes.htm.
In the event that government rates are not available at a given time or in a given area, the
following rates shall be considered reasonable and reimbursable: (1) lodging rates that do not
exceed the median retail price for lodging for that area listed on websites like www.Driceline.com
or an equivalent service; (2) lodging rates that do not exceed $150 per night; and/or (8) lodging
rates that do not exceed the IRS per diem rates for a given area.
Meals
Reimbursable meal expenses and associated gratuities will not exceed the following rates:
Breakfast
$12
Lunch
$18
Dinner
$35
Such amounts will be annually adjusted to reflect changes in the cost of living in accordance
with statistics published by the United States Department of Labor, Bureau of Labor Statistics
Consumer Price Index, all urban consumers for the San Francisco -Oakland -San Jose Area.
(The annual adjustmentwill be based on this area whether travel is within the area or not.) 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.
Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home,
not to exceed $15.00 per day, if Internet access is necessaryfor City -related business.
Airport Parking
Long-term parking must be used for travel exceeding 24 -hours.
Other
Baggage handling fees of up to $1 per bag and gratuities of up to fifteen percent (15%) will be
reimbursed. Expenses for which City officials receive reimbursement from another agency are
not reimbursable.
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Cash Advance Polic
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 to the Department Head or responsible City official ten (10)
business days prior to the need for the advance with the following information:
1. The purpose of the expenditure(s);
2. The benefits of such expenditureto the residentsof 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 City Finance Division within five (5) business days
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 Department Head or responsible City official is uncertain as to whether a
request complies with this policy, such individual must seek resolutionfrom the City Council.
Credit Card Use Policv
The City does not issue credit cards to individual officeholders but does issue credit cards for
selected City expenses. City officeholders may use these credit cards for such purposes as
airline tickets and hotel reservations by following the same procedures for cash advances.
Receipts documenting expenses incurred on City credit cards and compliance with this policy
must be submitted within five (5) business days of return.
City credit cards may not be used for personal expenses, even if the official subsequently
reimbursesthe City.
Business Expense Report Content and Submission Deadline
All cash advance expenditures, credit card expenses, and expense reimbursement requests
must be submitted on a business 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 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 City official should explain whose
meals were purchased, what issues were discussed, and how those relate to the City's adopted
legislative positions and priorities.
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Officials must submit their expense reports within thirty (30) days of an expense being incurred,
accompanied by receipts documenting each expense. Restaurant receipts, in addition to any
credit card receipts or other written documents, 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 City Council
At the following City Council meeting the official attends, the official shall provide a brief report
on the 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 City expenditures are public records subject to
disclosure under the Public Records Act.
Individual Officeholder Expense Accounts
The Council shall establish an annual budget for conferences, meetings, seminars, and training.
Council Members shall attend such events at their own discretion for purposes. of improving
comprehension and proficiency of municipal affairs and/or legislative operations. The budget
shall be divided equally among the Council Members for individual usage throughout the fiscal
year, with the Mayor receiving an additional $500 allocation for representation purposes. At the
mid -year review of the City's fiscal budget, Council Members may, on a voluntary basis, donate
any unused funds which have not been earmarked for usage throughout the remainder of the
year, to a combined account with the intent of the funds being used by other Council Members
who may have exceeded their individual amounts. It is understood that individual members of
the City Council may have differing educational needs and interests. The underlying principle is
that it is in the best interest of the City that elected and appointed officials remain informed and
trained in activities, developments, and professional trends affecting the affairs of the City and
its citizens.
Violation of this Policv
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 $1,000 per day and three times the value of the
resources used, and (5) prosecution for misuse of public resources.
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