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CC RES 2012-031 RESOLUTION NO. 2012-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING AND RESTATING ITS EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY AND REPEALING AND REPLACING COUNCIL POLICY NO. 16 AND RESOLUTION NO. 2007-24. A. The City Council of the City of Rancho Palos Verdes takes its stewardship over the use of its limited public resources seriously. Periodically, the City Council has adopted policies relating to expenses actually and necessarily incurred by public officials in connection with their official duties on City business. In 2004, the City Council amended City Council Policy No. 16, which is the City policy regarding the reimbursement of City Council Members and members of City commissions and committees for expenditures incurred for travel and meetings and guidelines regarding reimbursement for expenses incurred in connection with City business. In 2007, the City Council adopted a resolution to clarify and augment those policies in order to comply with state legislation that had been adopted, Government Code Section 53232, et seq. B. Due to some changes to City policies, including the adoption of Ordinance 500 establishing Council salaries, the City Council desires to amend its policies again to ensure that they are current and to remove redundant provisions that may cause confusion. Accordingly, this resolution shall repeal and replace City Council Policy No. 16 and Resolution No. 2007-24. C. The City of Rancho Palos Verdes has a history and practice of limiting expenses that may be incurred by City Council Members, members of City commissions and committees, and employees for travel and related conference expenses. In addition, the City always has required such expenses to be reasonably incurred in the conduct of the City's business, in accordance with the requirements of previously existing law. D. State law was amended to mandate that cities adopt written expense reimbursement policies that apply to members of the City Council and members of other City commissions and committees. E. The City Council finds that there are benefits to the City if the City reimburses City Councilmembers and members of other City commissions and committees for their actual and necessary expenses incurred in connection with the City's business. Those 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. F. Legislative and other regional, state and federal agency business is frequently conducted over meals. 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. Each meal expenditure must comply with the limits and reporting requirements of this policy and applicable local, state and federal law. G. This policy provides guidance to the City's elected and appointed officials on the use and expenditure of City resources, as well as the standards against which expenditures will be measured. This policy satisfies the requirements of Gov't Code §§ 53232.2 and 53233.3, supplements the definition of actual and necessary expenses for purposes of state law relating to permissible uses of public resources, and supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws. The policy also applies to any charges made using a City credit card or any other forms of payment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, RESOLVES AND ORDERS: Section 1. Statement of Policy. This policy shall apply to the use of City funds and the reimbursement of expenditures incurred by the members of the City Council and the members of other City commissions and committees (sometimes referred to hereinafter as "public officials.") This policy does not apply to other public officials and employees of the City who are not members of legislative bodies of the City and are governed by the City's personnel rules. Section 2. Annual Budget. The City Council shall approve an annual budget, prepared by the City Manager, for travel and meeting attendance, including local meetings and overnight travel, by City officials, including an annual budget for each City Council Member. All other expenses for overnight trips, conferences and events that exceed or are not approved as part of the standard travel budget shall only be funded upon prior approval by a majority of the City Council at a duly noticed City Council meeting. Section 3. Definitions. For purposes of this policy, the term "local meeting" shall be used for all meetings within the greater Los Angeles area that do not require an overnight stay. The term "conference" shall be used for all meetings beyond the greater Los Angeles area that require an overnight stay to be on time for the start of the meeting. The greater Los Angeles area shall be defined as a destination within 50 miles of Rancho Palos Verdes. 1454589.2 Resolution No. 2012-31 Page 2 of 9 Section 4. Authorized Expenses. City funds, equipment, supplies and staff time must only be used in connection with City-related business. Expenses incurred by public officials in connection with the following types of activities constitute authorized expenses, and may be reimbursed by the City as long as the other requirements of this policy are met: 1. Serving the needs of the residents, businesses and visitors of the City. 2. Communicating with constituents in compliance with applicable laws. 3. Communicating with representatives of regional, state and national government on City policy positions. 4. Attending educational seminars designed to improve public officials' skill, knowledge, and information levels. 5. Participating in regional, state and national organizations whose activities benefit or affect the City's interests. 6. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift, celebration or award of nominal value and cost or attending a local meeting to present a City proclamation to an individual or group). 7. Attending City, community, regional and other events. 8. Gathering facts and information regarding City projects, issues and priorities in other jurisdictions. 9. Implementing a City-initiated strategy for attracting or retaining businesses to the City. 10. Attending meetings for which a meeting stipend is expressly authorized under this policy. Section 5. Council approval required., The reimbursement of an expense in excess of the amounts authorized in this policy or in the City's annual budget, incurred in connection with international or out-of-state travel, or in excess of the annual limits established for each office holder shall require prior approval by a majority of the City Council at a duly noticed City Council meeting. Section 6. Non-reimbursable expenses. Examples of personal expenses that the City will not reimburse include: 1454589.2 Resolution No.2012-31 Page 3 of 9 1. The personal portion of any trip, such as charges for laundry service, dry cleaning, room service, and personal telephone calls. 2. Political or charitable contributions. 3. Family expenses, including a spouse or partner's expenses when accompanying a City official on City-related business, as well as expenses related to children or pets. 4. Entertainment expenses (e.g. theater, movies, in-room movies and video games, recreation, gym fees and massage expenses, or cultural events not related to City business). 5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline. 6. Personal losses incurred while on City business. 7. Mileage incurred by City Council Members to attend local meetings shall be at the attendee's expense. 8. In accordance with the interpretation of the California Attorney General and the Los Angeles County District Attorney, Council Members shall not be reimbursed for their expenses in purchasing meals for third parties, such as constituents, legislators, and private business owners, at meetings held to discuss legislation or other matters affecting the City. Section 7. Use of Accounting Procedures. The City shall follow established accounting procedures of the City for payment and/or reimbursement of expenses related to travel and meeting attendance. Eligible costs associated with City-related business shall be charged against each individual Council Member's budget, or in the case of City commissions and committees, against the budget for that particular commission or committee. Generally, notification of the attendee's intent to attend should be made prior to the scheduled departure or meeting date in order to provide the necessary time for staff to make appropriate arrangements. All meetings, regardless of whether one-day local meetings or conferences, must have budgeted funds available for reimbursement or advance registration. If funding is not available, the attendee must obtain prior approval from the City Council at a duly convened meeting, and a corresponding budget adjustment also must be approved. City Council members shall submit reservation requests or receipts to the City Manager's Office, which will prepare the warrant request for payment or reimbursement relating to City Council travel and meeting attendance. Travel and meeting expenses reimbursed by other agencies are not subject to reimbursement by the City. Any questions regarding the propriety of a particular type of expense shall be submitted to the City Council for determination before the expense is incurred. 1454589.2 Resolution No. 2012-31 Page 4 of 9 Section 8. Cost Control. To conserve City resources and keep expenses within community standards for public officials, expenditures shall adhere to the following guidelines. All expenses must be ordinary, necessary and reasonable amounts. Any expenses incurred that exceed these guidelines must be approved in advance by a majority of the City Council at a duly noticed City Council meeting. 1. Transportation,. The City will use the most economical mode and class of transportation reasonably consistent with the City official's scheduling needs, time constraints, and cargo space requirements, using the most direct and time-efficient route. Government and group rates will be used when available. The City Council recognizes that certain public officials are part- time volunteers, and that other commitments may impact the economy of available travel arrangements. a. 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), shall be, in most normal circumstances, presumed to be the most economical and reasonable for purposes of reimbursement under this policy. The City Council recognizes and acknowledges that such airfares are not always practicable or available in certain limited circumstances, and finds that higher airfares may be appropriate in individual cases, in which case, air travel shall be by the lowest cost scheduled carrier that reasonably meets the schedule of the traveler. If the attendee wishes to travel by automobile instead of by plane outside of Southern California, he or she may do so. Reimbursement will be the lower of the prescribed mileage allowance or the cost of the round-trip airfare to and from the destination, as permitted by this paragraph. b. Automobile. The City Council finds that the use of an automobile is essential to the performance of the functions of a member of the City Council and the Planning Commission in the City of Rancho Palos Verdes and shall pay a monthly salary to Councilmembers and Planning Commissioners. Pursuant to Government Code Section 1223, the salary for Planning Commissioners is hereby established at $135.00 per month to compensate Planning Commissioners for their local automobile travel on Planning Commission-related business within the City. By Ordinance No. 500, the City Council has established a monthly salary for City Council Members, in accordance with the provisions of Government Code Section 36516, to compensate Council Members for their local automobile travel on City-related business within the City and within fifty miles of the City. Personal automobile travel for City Councilmembers more than fifty miles from the City shall be reimbursed based on the number of miles traveled and at 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. The Internal Revenue Service rates will 1454589.2 Resolution No.2012-31 Page 5 of 9 not be paid for local rental vehicles; only receipted fuel expenses will be reimbursed. c. Car Rental. Charges for rental vehicles (e.g. rental rate, applicable taxes and insurance, receipted fuel expenses) may be reimbursed for out of town travel, if renting 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. 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, but higher rates may be appropriate. Where feasible, City officials shall share a rental car. d. Taxis/Shuttles. Taxis/shuttles fares may be reimbursed, including a 15 percent tip, where the fare is equal to or less than the cost of car rentals, gasoline and parking combined or such transportation is necessary for time-efficiency. 2. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. An attendee is not eligible for reimbursement for hotel charges incurred prior to the official first day of a conference or other scheduled City business event, unless it would be an inconvenience for the attendee to arrive on the first day of a conference that begins in the morning. In these cases, the attendee shall be eligible for reimbursement for hotel charges for one night prior to the official first day of the conference. Attendees are required to provide the hotel with a letter advising the hotel that the elected or appointed officials are exempt from transient occupancy tax (TOT) charges while conducting official business on behalf of the City. a. 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 paragraph. b. Other Lodging. Travelers must request government lodging 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 to or less than 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 median retail price for lodging for that area listed on websites like www.hotels.com or www.expedia.com or an equivalent service shall be considered reasonable and hence reimbursable if, given the circumstances of the travel, such comparable rates can be found. In unique circumstances, the City Manager may approve the reimbursement of reasonable lodging costs that 1454589.2 Resolution No.2012-31 Page 6 of 9 exceed the two standards above, if necessary under the circumstances. 3.Meals. City officials shall take, when available, meals provided as part of a conference registration fee. For fiscal year 2011-2012, reimbursable meal expenses and associated gratuities shall not exceed $80 per day and must be documented by receipts. Such amount will be adjusted annually without further action by the Council to reflect changes in the cost of living in accordance with statistics published by the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the Los Angeles Metropolitan Area, for the twelve months ending on May 31st of each year for the following fiscal year. 4. Telephone/Fax/Cellular. Officials will be reimbursed for all actual telephone and fax expenses incurred while on City business. Telephone bills shall identify which calls were made in connection with City business. The City may provide cellular telephones or personal digitial assistance devices (pda's) at the City's cost for the use of public officials for City business, which shall be addressed in a separate City policy. 5. Internet. City 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. 6. Airport Parking and Other Charges. The City will reimburse: parking costs based on actual costs or the equivalent of long-term parking rates used for travel exceeding 24-hours; baggage handling fees; and reasonable gratuities. Section 9. Cash Advance Policy. It may be necessary for an official to request a cash advance to cover anticipated expenses and per diem expenses while traveling or doing business on the City's behalf. Any request for an advance should be submitted to the Finance Department not less than 5 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 treasury within 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. For the City Manager and elected and appointed officials, the City Council shall make the final decision regarding compliance with this policy, if necessary. 1454589.2 Resolution No.2012-31 Page 7 of 9 Section 10. Credit Card Use Policy. City officials may use the City's credit card for such purposes as airline tickets, meals and hotel reservations by following the same procedures for cash advances. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted within ten days of the end of use. City credit cards may not be used at any time for personal expenses, even if the official subsequently reimburses the City. Section 11. Expense Report Content and Submission Deadline. All cash advance expenditures, credit card expenditures and expense reimbursement requests must be submitted on an expense report form provided by the City and shall be accompanied by receipts, invoices and other supporting documentation. Expense reports must document that the expense in question satisfies the requirements of this policy. The 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 and the supporting documentation are public records, which will be retained by the City in accordance with the City's document retention schedule. 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. Except as required sooner by this policy, officials must submit their expense reports within 30 calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, must be submitted. The inability to provide such documentation in a timely fashion may result in the expense being borne by the official. Section 12. Verification of Expense Reports. All expenses are subject to verification that they comply with this policy. The City Council and/or the Director of Finance or his/her designee may request additional documentation or explanation of individual expenditures for which reimbursement is requested by a public official. Section 13. Reports To the Public. At a subsequent City Council meeting, each public official shall briefly report, orally or in writing, on meetings attended at City expense. If multiple officials attended an event, a joint report or individual report on behalf of all attendees may be made. Section 14. Compliance With Laws. Some expenditures may be subject to reporting under the Political Reform Act and other laws. Records of all City expenditures and documentation regarding expense reimbursements are public records subject to disclosure under the Public Records Act. 1454589.2 Resolution No.2012-31 Page 8 of 9 Section 15. Repeal and replacement of City Council Policy 16 and Resolution No. 2007-24. City Council Policy No. 16 and Resolution No. 2007-24 are hereby repealed and replaced by this Resolution. Section 16. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTE' -• 1St day of May 2012. • _ Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California, do hereby certify that the foregoing Resolution No. 2012-31 was duly and regularly passed and adopted by said City Council at a regular meeting thereof held on May 1, 2012. 1 City Clerk, 1454589.2 Resolution No.2012-31 Page 9 of 9