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HomeMy WebLinkAbout017-06 RESOLUTION NO. 17-2006 APPROVING THE TOWN OF DANVILLE EXPENSE REIMBURSEMENT POLICY WHEREAS, in carrying out the business of the Town of Danville, members of the Town Council and Town commissions and Town employees may from time to time incur expenses, including travel, lodging and meals, associated with attendance at conferences or training seminars, meetings with state and federal officials to discuss pending or proposed legislation or promoting economic development within the Town; and WHEREAS, state law and the Danville Municipal Code authorize reimbursement of actual and necessary expenses incurred by public officers and employees as part of their official duties; and WHEREAS, Government Code sections 53232.2 and 53233.3 require all local government agencies to adopt written reimbursement policies establishing standards and criteria for expense reimbursement; and WHEREAS, this policy complies with those requirements and provides guidance to the Town's elected and appointed officials and employees on the expenditure and reimbursement of Town resources; now, therefore, be it RESOLVED, by the Danville Town Council that the expense reimbursement policy attached hereto is adopted as the Town of Danville's Expense Reimbursement Policy. APPROVED by the Danville Town Council at a regular meeting on February 21, 2006, by the following vote: AYES: Stepper, Shimansky, Andersen, Arnerich, Doyle NOES: None ABSTAINED: None ABSENT: None &tf~ APPROVED AS TO FORM: ~~~ CITY ATTORNEY ) eTIE~_ . .L... 4L..~ CITY CLERK Expense Reimbur,sement Policy For the Town of Danville Findings WHEREAS, in carrying out the business of the Town of Danville, members of the Town Council and Town commissions and Town employees may from time to time incur expenses, including travel, lodging and meals; and WHEREAS, examples of where such expenses may be incurred include meetings with state and federal officials to discuss pending or proposed legislation; regional, state or national meetings ,of organizations addressing issues impacting the Town; conferences, educational seminars or other training opportunities which will benefit the Town; and, meetings to promote economic development, attract new business or other beneficial uses to the Town; and WHEREAS, state law and the Danville Municipal Code authorize reimbursement of actual and necessary expenses incurred by public officers and employees as part of their official duties; and WHEREAS, Government Code sections 53232.2 and 53233.3 require all local government agencies to adopt written reimbursement policies establishing standards and criteria for expense reimbursement; and WHEREAS, this policy complies with those requirements and provides guidance to the Town's elected and appointed officials and employees on the expenditure and reimbursement of Town resources. Town Officials and Employees Subject to Policy Government Code Section 53232.2 mandates that this policy applies to all members of the Danville Town Council and all Town commissioners. In order to ensure consistency and openness in expense of Town funds, this policy shall also apply to all Town employees and volunteers legally eligible for reimbursement of expenses. Thus, unless specified elsewhere, the term "official" as used in this policy refers to all elected and appointed officials and employees. EXHIBIT 1 Events and Activities Qualifying for Reimbursement Government Code Section 53232.2(b) requires that each local agency adopt a written policy specifying the types of events or activities qualifying for reimbursement of expenses. The following is a list of events and activities for which officials may expend Town funds or seek reimbursement: 1. Attending educational seminars or conferences designed to improve officials' skill and information levels regarding municipal governance; 2. Participating in and attending meetings of regional, state and national organizations whose activities affect the Town's interests (including, but not limited to, the League of California Cities, the National League of Cities, US Conference of Mayors and the Contra Costa Mayors Conference); 3. Meeting with representatives of regional, state and national government to present information or testimony related to proposed or pending legislation or administrative actions that may impact the Town and its operations; 4. Attending functions of local civic or co~unity organizations where there is a clear nexus between the event and the official's function or job, i.e., not purely social events. 5. Attending meetings, seminars or similar functions regarding economic development or attracting or retaining businesses to the Town where there is a clear nexus between the event and the official's function or job and the event is consistent with Town policy. 6. Any other event or activity related to the official's duties and approved in advance by the Town Council at a public meeting. International and out-of-state travel for any event or activity, even those listed above, requires prior approval by the Town Council. The following are examples of personal expenses that the Town will not reimburse, even if they are incurred by the official or employee in conjunction with expenditures that are subject to reimbursement: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accompanying a Town 2 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. Meals for any person other than the official; 6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; 7. Personal losses incurred while on Town business; and 8. Alcohol Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Reimbursement Rates Government Code Section 53232.2 requires that each local agency specify" reasonable" reimbursement rates for travel, meals, lodging and other actual and necessary expenses. The Danville Town Council finds that the following rates are reasonable and are consistent with Section 53232.2. In the event that actual and necessary expenses are incurred by a Town official which exceed these guidelines, the official shall be responsible for the difference, unless approved by the Town Council in a public meeting before the expense is incurred. 1. Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs must be used, using the most direct and time-efficient route. As described in more detail below, government and group rates must be used when available. . Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org/ default.asp?id=635), the State of California or other comparable government rate program 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 3 rates in effect at the time of travel (see www.irs.gov). The Town's Finance Department shall be responsible for determining the applicable rate at the time of travel. 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 at actual rates. For Town Council and commission members, travel must be outside the Town in order to be reimbursable. Car Rental. Rental rates that are equal 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. Parking. Parking expenses shall be reimbursed based on actual expenses incurred. Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. Public Transportation. Actual expenses for public transportation (bus, subway, rail) shall be reimbursed. 2. Lodging Lodging expenses will be reimbursed or paid for when travel on official Town business reasonably requires an overnight stay. ConferencesjMeetings. If 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 lodging cannot be arranged through the conference sponsor, the maximum to be reimbursed shall not exceed that group rate, regardless of actual cost. Other Lodging. If lodging is not offered in conjunction with a conference or is not associated with a conference, the official must request government rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the General Services Administration per diem rates for a given area are presumed reasonable and hence reimbursable. 4 3. Meals Meal expenses and associated gratuities will be reimbursed at the General Services Administration per diem rates or the following, whichever is greater: Breakfast $15 Lunch $20 Dinner $30 4. TelephonefFaxfCellular Officials will be reimbursed for actual and necessary telephone and fax expenses incurred on Town business. Telephone bills should identify which calls were made on Town 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. 5. Airport Parking Long-term parking must be used for travel exceeding 24-hours. 6. Other Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which Town officials receive reimbursement from another agency are not reimbursable. Expense Report Content And Submission Deadline All expense reimbursement requests must be submitted on an expense report form provided by the Town's Finance Department. This form shall include the following advisory: All expenses reported on this form must comply with the Town'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/county/ district's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. While the expense report form may be modified from time to time, it shall include the requirement that the official identify the activity or event attended, the nature of the expenses and a reconciliation of any cash advances. Actual receipts documenting each expense shall be attached to the form. Officials must submit their expense reports 5 within 30 days of an expense being incurred. Inability to provide such documentation within this time frame may result in the expense being borne by the official. Audits Of Expense Reports All expenses are subject to verification that they comply with this policy. Reports To Governing Board As required by Government Code Section 53232.3( d), each Council member or commissioner who attends a meeting or activity at Town expense shall briefly report on all such meetings at the next regular meeting of the Council or commission. Compliance With Laws Town officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act. Violation Of This Policy Pursuant to Government Code Section 53232.4, 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 Town, 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. 6 GSA - Domestic Per Diem Rates Page 1 of3 HOME Per' Diem Overview FAQ Per Diem Rates FY06 Per Diem Highlights Meals and Incidental Expense Breakdown Factors Influencing. Lodging Rates Archived Files i , 1> rl ('/ 1 Customize Your Visit I .M)'GSA . U.5. General Services Administration ,- BUILDINGS PRODUCTS SERViCES TECHNOLOGY POLICY ABOUT GSA I:::I.2!ne > ~ > Travel Management> Per Diem> Per Diem Rates California - FY 06 (October 1, 2005 through Sept~mber 30, 2006) Cities not appearing below may be located within a county for which rates are listed. To determine what county a city is . located in, click here for the National Association of Counties (NACO) website (a non-federal website). NOTE: If neither the city nor the county is listed, the location is a standard CONUS destination with a rate of $60.00 for lodging and $39.00 for meals and incidental expenses (M&IE). State Tax Rates & Exemption Forms Properties at Per Diem (Fed Rooms) View a state map with highlighted areas showing where rates listed below apply. Standard CONUS rates apply elsewhere. Select another State Antioch/Brentwood/ConcordlLafayette/MartinezlPleasant Hill/Richmond/San RamonlWalnut Creek Bakersfield/Delano (Naval Weapons Center and Ordinance Test Station, China Lake) Barstow/OntarioNictorville Kern 62 44 106 33.0 San Bernardino Solano 80 44 _!m~~!________ ~!3__ ____~.2~- Butte 60! 39 -+-. 67 ! 39 I 76 59 135 44.25 BenicialDixonlFairfieldNacavilleNallejll Brawley/Calexico/EI Centro/Imperial .-.--.----.._________ww._._____..____._.____.__._____.-----.-__._.__.....____.....m__.._ Chico/Oroville (Octobe~ 1 - Novemb~!_19)._.__~__...._.__ Chico/Oroville (November 20 - September 30) Clear1ake Lake 61 ! Death Valley Inyo 70 r~.:f.!~~~~~:.~.:==:..::.:.--::::.:=::=::._..-_=:-==:~==::..:.:::~----~:::=-..-J~;~~~ _._._-= .-..72--....- Los Angeles Los Angeles, 96 Orange and Ventura, Edwards AFB Mono 124 33.0 _L~02____3~??_____ . 99 29.25 Butte 106 29.25 44 ! 49 ...--t--.-..- ;54 ---r- i64 105 33.0 ..---..L-!~.~---. -~-~:.~~____..__ __..1_126 _ ~~:~___.__ 160 48.0 -i- 79 i 54 ....... ...._.._..._....._ __........._..._..._... .. .........._......__.....I/__...._..__ .___..._~................__.. Mono 106: 54 I I . ."~......_-~---.L....---,-__~.. ".--..L..".--__'".~" +:-+54 ATTACHMENT B I ..j ! Ma~moth Lakes . __{s>_<::~~~~~m~.=~?~~~~~~.~~)_ .mmm mm_ mmmm. Mammoth Lakes (December 1 - January 31) ,--......--.---____._....m...._..._..._..._....__........-...-.........-......................--...........-.........-.--.......--_...~"'...-.r....-.m...---- ! Mammoth Lakes . Mono l["ebruary 1 - SePtemb~~_~.9.2._____..,___'___._1 I , 133 40.5 160 40.5 133 40,5 http://www.gsa.gov/PortaVgsaJep/contentView.do?queryYear=2006&contentType=GSABASIC&conten...1120/2000 GSA - Domestic Per Diem Rates Mill Valley/Sail Rafael/Novato/Corte MaderalSa~salitolTiburonlLarkspur Modesto Monterey I Napa Oakhurst 1--- Oakland Palm Springs I (October 1- December 31) I Palm Springs (January 1 - April 30) . !-------.-...-.....-.-..-.-.....-...........-.-......... ..........-..... ..........-......-...-..............--.....--..---.............-...-.. ...-.... ..-....-.-............--..-..--.-.-...--.-...... .-.-....-...---- .....- . Palm Springs Riverside 83 (May 1 - September 30) Point ArenalGualala . Mendocino 66 54 Redding Shasta 76 44 L~~~ame:~~~.____.____.___.__._________________.___~.?ramento __ 94_.__. ,-~9 __ San Diego San Diego 120 64 (October 1 - December 31) 1 San Diego San Diego 127 I (January 1 - May 31) San Diego (June 1 - September 30) San Francisco San Luis Obispo City limits of 149 ! 64 Santa Monica I i~~i;:7~~=-~==~~=:tt:~=T:~~~-=-~ South Lake Tahoe EI Dorado 124 I 54 178 40.5 (July 1 - September 30) ---. -h. -+-, __ 1~r~JP~k,AitOiS;;;'J~;"- ~- --- ---- u ~r ~:~o~~:"-_ -i~,T +:: ~- -Nk-- Tahoe City _ ~.___ Placer __ 92 I 59 I '151 44.25 Truckee Nevada J-80 t:P9 : 139 44.25 (October 1 - November 30) ! i . Truckee -----------.- ,-Nevada---- I 93 i ! 59 ! 1'52"-, 44.25 Marin - -'6tanislaus Monterey Napa Madera Alameda Riverside Riverside San Diego San Mateo/Foster CitylBelmont Santa Barbara ..-.Js.>_~?.~~~.~._=.~~~~92._____.___._.___..___ Santa Barbara (July 1 - August 31) Santa Barbara (September 1 - September 30) Santa Cruz (October 1 - May 31) Santa Cruz (June 1 - August 31) Santa Cruz (September 1 - September 30) Santa Monica San Francisco San Luis Obispo San Mateo Santa Barbara I 97 54 Page 2 of3 151 40.5 I 126 36.75 167 48.0 188 48.0 106 29.25 -~ --- 148 44.25 158 44.25 181 44.25 ._..___.____._._..R...._._..._.. 142 44.25 , 120 40.5 120 33.0 153 44.25 ---------.--.-.---.- 184 48.0 191 48.0 184 48.0 194 48.0 148 40.5 140 40.5 159 44.25 -..-.---.----...-...-.---. 176 44.25 159 44.25 124 40.5 139 40.5 124 40.5 213 48.0 Santa Barbara Santa Barbara Santa Cruz Santa Cruz Santa Cruz 77 103 124 67 89 99 49 64 64 39 59 59 I i I 59 ....1.-.--...-- i 59 http://www.gsa.gov/Portal/gsa/ep/contentView.do?queryYear=2006&contentType=GSA_BASIC&conten....l/20/2006 122 64 120 I I 64 130 ! 64 --~--1 94 , 54 i 86 54 100 I 59 -i171~~ 100 1- 59 70 54 85 54 70 54 GSA - Domestic Per Diem Rates Page 3 of3 (December 1 - February 28) I I I Nevada - --- Truckee 80 59 139 44.25 (March 1 - September 30) - j-- VisalialLemoore I Tulare and 65 I 49 114 36.75 Kings West Sacramento Yolo 75 I 44 119 33.0 ..-----..-~---~--..--_~__._.~..~......~__H_._ ......H._.._._.......____W.m_H.._....____.._.._..__.._.w__."__._ .m ....._._______.__...w_.._.__.._.__... --80------1------ ...-.---.-.--- Hm_"wm__"___'_"'__'H.. ......h..___ ........._...._......_m. Yosemite National Park Mariposa 64 144 48.0 (October 1- - October 31) --.--------,..--. I 104 I ,-- Yosemite National Park I Mariposa 64 168 48.0 (November 1 - December 31) Yosemite National Park Mariposa 80 I 64 144 48.0 (January 1 - September 30) Help I Sitemap I Accessibility Aids I Linking I Privacy and Security Also of Interest Whitehouse.gov I FirstGov.gov I E-Gov gOY I Other Suggested Sites Ittp:/ /www.gsa.gov/Portallgsalep/contentView.dO?queryYear=2006&contentType=GSAJ3ASIC&conten...1/20/2006