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CIC Resolution 06-142CITY OF ALAMEDA RESOLUTION NO. 13966 COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 06-142 HOUSING AUTHORITY BOARD OF COMMISSIONERS RESOLUTION NO. 784 ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 37 ADOPTING POLICY OF CITY COUNCIL, COMMUNITY IMPROVEMENT COMMISSION, HOUSING AUTHORITY BOARD OF COMMISSIONERS AND ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY FOR EXPENSE REIMBURSEMENT, COMPENSATION AND ETHICS TRAINING FOR ELECTED OFFICIALS AND LEGISLATIVE BODY MEMBERS WHEREAS, the City Council, Community Improvement Commission, Housing Authority and ARRA take stewardship over the use of its public resources seriously, and WHEREAS, public resources should only be used when there is a substantial benefit to these agencies, and WHEREAS, such benefits include: 1. The opportunity to discuss the community's concerns with regional, state and federal officials; 2. Participating in local, regional, state and national organizations whose activities affect the agencies; 3. Attending educational seminars designed to improve officials' skill and information levels; and 4. Promoting public service and morale by recognizing such service, and 5. Attending local events directly related to the purpose of the agency, and WHEREAS, 1) legislative and other local, regional, state and federal agency business is frequently conducted over meals; 2) sharing a meal with local, regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the agency'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 to elected and appointed officials on the used and expenditure of agency resources, as well as the standards against which those expenditures will be measured, and WHEREAS, this policy will satisfy the requirements of Government Code sections 53232.2 and 53233.3 in the event such requirements could be constitutionally applied to charter cities, 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 of Alameda credit card, cash advances or other line of credit. THEREFORE, BE IT RESOLVED, that the City Council, Community Improvement Commission, Housing Authority Board of Commissioners, and ARRA Board hereby adopt the Alameda Expense Reimbursement, Compensation and Ethics Training Policy for Elected and Officials Appointed to Other Legislative Bodies as attached and as may be amended by the agencies from time to time. EXPENSE REIMBURSEMENT, COMPENSATION AND ETHICS TRAINING POLICY . Policy Statement The City of Alameda and its related Agencies recognize the constructive value of professional conferences, seminars, meetings and training and provides travel funds for officials, who attend such official events. Agency members shall be entitled to reimbursement for their reasonable, actual and necessary expenses associated with travel, meals, lodging and other actual and necessary expenses associated with attending such events in a manner and in the amounts as set forth in this policy. This policy shall apply to the City Council and members of the Community Improvement Commission, the Housing Authority Board of Commissioners and the Alameda Reuse and Redevelopment Authority. It shall also apply to the members of the following municipal legislative bodies: Civil Service Board, Commission on Disability Issues, Economic Development Commission, Film Commission, Golf Commission, Historic Advisory Board, Housing and Building Code Hearing and Appeals Board, Housing Commission, Library Board, Pension Board, Planning Board, Public Art Commission, Public Utilities Board, Recreation and Park Commission, Social Service Human Relations Board, and Transportation Commission. This policy is formally adopted by the City Council, Community Improvement Commission, Housing Authority Board of Commissioners and Alameda Reuse and Redevelopment Authority and any changes thereto shall also be adopted by the Agencies. IL Definitions For purposes of this policy, the following definitions shall apply: A. "Agency" shall include the City, Community Improvement Commission, Housing Authority Board of Commissioners, and Alameda Reuse and Redevelopment Authority. B. "Member" shall include members of City Council, the Community Improvement Commission; the Housing Authority Board of Commissioners; Alameda Reuse and Redevelopment Authority; and municipal legislative bodies, i.e. Civil Service Board, Commission on Disability Issues, Economic Development Commission, Film Commission, Golf Commission, Historic Advisory Board, Housing and Building Code Hearing and Appeals Board, Housing Commission, Library Board, Pension Board, Planning Board, Public Art Commission, Public Utilities Board, Recreation and Park Commission, Social Service Human Relations Board, and Transportation Commission. III. Authorized Expenses Agency funds, equipment, supplies (including letterhead), titles, and staff time may only be used for authorized Agency business. Expenses incurred by Members engaging and/or participating in the following activities and /or events constitute authorized and reimbursable expenses (as long as other requirements of this policy are also met): A. Communicating with representatives of regional, state, national and local government and their various agencies and entities on Agency adopted or authorized policy positions; B. Attending educational seminars designed to improve Agency members' skill and information levels, including ethics training to fulfill the requirements of AB 1234; C. Participating in regional, state, national, and local organizations related to the Agency's mission; D. Recognizing service to the Agency, e.g. thanking a longtime employee with a retirement gift or celebration of nominal cost; E. Attending local events which are directly related to the mission of the Agency e.g. Chamber of Commerce; F. Implementing an Agency- approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; G. Charitable events for institutions which have a purpose directly related to the Agency's mission; and H. All other expenditures, including international travel, with prior approval of the legislative body of the Agency. IV. Unauthorized Expenses The following expenditures incurred by Members in the course and scope of their official duties shall not be reimbursed without prior Agency approval: A. The personal portion of any trip; B. Political contributions or events; C. Family expenses, including those of a spouse /domestic partner when accompanying Member on official business, child or pet care; D. Entertainment Expenses, including theater, shows, movies (either in -room or at the theater), sporting events, golf, spa treatments, or other cultural events, etc. E. Non - mileage personal automobile expenses including repairs, insurance, gasoline, traffic and parking citations; F. Personal losses incurred while on Agency business. V. Cost control To conserve Agency 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 Agency will be limited to the costs that fall within the guidelines, unless prior approval from the Agency is obtained at a public meeting. A. Transportation All travel on Agency business shall be planned to provide for the most economical mode of transportation reasonably available. Reasonable travel modes include: Air, private car and city -owned car. Travel expenses shall be allowed or reimbursed for days actually spent on Agency business, for programmed days of a conference or meetings, and for time spent in travel to and from these events. Expenses shall be computed for the days of the conference or event attended and for travel days not to exceed one day before and after the event and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours on the actual beginning and ending days of a conference. Reasonable hours are defined as between 7 a.m. and 11 p.m. Reimbursement for more than one day of travel to and from the destination must be approved in advance by the Agency. 1. Air Travel Allowable costs for air travel shall be calculated by using the shortest and most direct route with the least number of en -route stops. All air travel shall be booked as far in advance as possible, so as to receive the lowest fares possible except where the lowest fare is for an overnight flight, which may be chosen by the individual but is not required. Members shall use government and group rates for travel offered in conjunction with the event when available. A Member shall not be reimbursed for the cost of first class air travel except in extraordinary circumstances and approved by the Agency. 2. City Car Use of a city -owned car by Member is considered more economical than a private car. However, such use is limited to the availability of a pool car and is not mandatory. There shall be no allowance or reimbursement for transportation when a City -owned vehicle is used. However, any out -of- pocket expenses, including gas or maintenance costs incurred in operating the vehicle shall be reimbursed upon presentation of receipts attached to the Travel and Expense Claim Form and Report. 3. Use of Private Vehicle a. Official duties of the Mayor and City Council Members require travel within the nine bay area counties. Based on mileage data, the amount of 167 miles is deemed reasonable for reimbursement on a monthly basis. The present Internal Revenue Code rate will be used to calculate the dollar amount. b. For travel by other Members or outside the nine bay area counties, if a personal vehicle is used for travel, reimbursement shall be based on the lesser of the following two costs: 1) The least cost round -trip air travel available, or 2) The allowable per mile cost, as defined in the Internal Revenue Code (with annual adjustments in the Internal Revenue Code), from Alameda. c. Car Rental If a car rental is necessary, reimbursement will be at rental rates that are equal or less than those available through the State's travel program (www.catravelsmart.com). d. 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. e. Miscellaneous costs. Bridge fares and road tolls, etc. are also reimbursable. B. Lodging Local Accommodations Except where necessary and where approved in advance by the Agency, when possible, at a publicly noticed meeting, the Members will not be reimbursed for hotel expenditures incurred for events occurring within a 50 -mile radius of Alameda except where the event begins before 8 a.m. or ends after 10 p.m. In the event reimbursement is warranted, such reimbursement shall be only for the reasonable rate of said accommodations as set forth below. 2. Non -local Accommodations All Members traveling outside the 50 -mile radius of Alameda shall be reimbursed the reasonable cost of the lodging and may either receive funds in advance, use a City- issued credit card, or be reimbursed for personal funds expended upon return from the trip. Reimbursable days for lodging requests should correspond to the foregoing travel policy regarding dates of arrival and departure. Members are authorized for reimbursement for hotel accommodations for single occupancy. 3. Reasonable Rates for Lodging Where the lodging is in connection with a conference or other organized educational activity, reimbursable lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate is not available, the Member shall be entitled to reimbursement for actual costs of lodging that is comparable in location and quality. Government rates must be requested. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement shall be provided at the rate established by the Internal Revenue Service for the community in which the activity takes place unless there are no lodging facilities in reasonable proximity to the activity which offer that rate at the time of booking. In the event there are no such lodging facilities available at the IRS reimbursement rate, reimbursement shall be at the actual lodging rate so long as the activity has been approved by the Agency. In the event there is not enough time to seek prior approval of the activity by the Agency, approval shall be sought and received as soon thereafter as reasonably possible. In the event the Agency does not approve the activity for which the expenditure was made, the Agency member shall not be reimbursed therefore. VI. Miscellaneous Expenses Associated with Travel Outside Alameda Members shall be entitled to reimbursement for miscellaneous expenses incurred in the performance of their duties and in the course and scope of their activities as Members and which are reasonably related to Agency business including: A. Actual cost of telecommunication and fax charges when Members are away from an Agency worksite. B. Actual cost of telephone expenses, however, Members should endeavor to use Agency - provided calling cards or Agency- issued cell phones, if possible. If personal telephone or cell -phone bills arc submitted for reimbursement, reimbursement will be calculated based on a percentage of total calls. C. If Internet access is necessary for Agency- related business, reimbursement will be at a maximum of $15 per day. D. Reasonable laundry and/or dry cleaning charges when necessarily related to the activity while traveling on City business. E. Other miscellaneous charges reasonably related and necessary to the activity, including gratuities, parking, shuttle and taxi charges. VIII. Meals Members shall be entitled to reimbursement for meals and associated gratuities in an amount equivalent to the per diem rate provided to Agency employees, however, they shall be required to submit actual receipts documenting the expense as set forth below. Where the community standards and/or prevailing restaurant costs of the area exceed the per diem rate, Members shall be reimbursed for the actual costs of such meals and associated gratuities. Alcohol and bar expenses shall not be compensated without prior approval by the legislative body of the Agency. Where Members are attending a conference or other organized educational activity, and a meal or meals are provided as part of the activity, Members shall not be reimbursed for any separate meal unless dietary needs require that the Council member purchase a different meal and/or city - related business necessitates that the Agency member miss the hosted meal. Members who host a meal or meals in conjunction with an Agency - related business activity, shall be reimbursed for the actual costs of the meal and associated gratuities in accordance with the IRS schedule for the community in which the meal is eaten. VIII. Miscellaneous Expenses The Mayor and Council Members may be supplied with various communication equipment and services including but not limited to cellular phones, facsimile connections and Internet connections. These services are deemed necessary for the public purposes of the Agency. IX. Cash Advance Policy From time to time, it may be necessary to request a cash advance to cover anticipated expenses while traveling or doing business for the Agency. Such request for an advance should be submitted to the City Manager's Office, at least 14 days prior to the need for the advance with the following information: A. The purpose of the expenditure(s); B. The benefits of such expenditures to the community; C. The anticipated amount of the expenditure(s) by type (for example, hotel rates, meal costs, transportation, etc.); and, D. The dates of the expenditure(s). Any unused advance must be returned to the Agency treasury within two business days of the Member's return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. In the event there is uncertainty as to whether a request complies with this policy, a resolution will be sought from the Agency. X. Expense Reports In order to receive reimbursement Members shall complete and submit to the Finance Department a Travel and Expense Claim Form and Report ( "Expense Report") within a reasonable time after incurring the expense and in any event no later than 30 days thereafter. The expense report shall be accompanied by all receipts documenting each expense, including those acquired by the use of an Agency credit card or through any cash advance. The Member shall verify that the expenses for which reimbursement is sought were incurred on behalf of the Agency in the performance of official duties and that they meet the policies established in this policy. Inability to provide such documentation in a timely fashion may result in the expense being borne by the Member. All expenses are subject to verification that they comply with this policy. Members shall provide a brief report on meetings attended at the expense of the Agency at the next regular meeting of the relevant legislative body of the Agency. If multiple Members attended the same event, a joint report may be made. All documents related to reimbursable expenditures, including but not limited to the Expense Report and actual receipts are public records subject to disclosure under the California Public Records Act. Any personal information including credit card numbers contained on any receipts may be redacted before publicly releasing such records. XI. Credit Card Use Use of an Agency- issued credit card shall be permissible for the reimbursable expenses listed herein. The credit card may not be used at any time for personal expenses, even if the Member subsequently reimburses the Agency. XII. Policy Violations Violations of this policy including falsifying expense reports may result in any or all of the following: (1) loss of reimbursement privileges, (2) demand for restitution to the Agency, (3) any other applicable state and federal penalties, including criminal prosecution. The Agency shall consider (1) or (2) above only at a publicly noticed Agency meeting at which a hearing shall be held to detelinine whether or not a Member has violated the policy and what the appropriate penalty shall be. The determination as to whether or not to hold such a hearing may be made only after a vote of a majority of the Agency members present at any meeting during which the matter is considered. The hearing shall not be a full adversarial evidentiary hearing, and there shall be no direct or cross examination of witnesses except by the Members of the Agency. The Member who is being accused of violating the policy shall be entitled to present any evidence to the Agency as to the validity and propriety of expenditures for which reimbursement was sought. The Member being accused of violating the policy shall not participate in either the decision to hold the hearing or the decision on the hearing. XIII. Compensation The compensation of a Member of an Agency is set forth in the City Charter, or for any Agency not governed by the Charter, by action of the Agency at the amount authorized by state law. No other compensation shall be provided. XIV. Ethics Training In addition to the Members required by AB1234 to obtain ethics training, the Agencies shall require the following employees to meet the ethics training requirements of AB1234: City Manager, City Attorney, and City Clerk. Every person who completes the training shall record the date of training and the entity that provided the training. The Agency shall maintain records for five years. These records are subject to disclosure under the California Public Records Act. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Joint Meeting of the City Council, Community Improvement Commission, Housing Authority Board of Commissioners and the Alameda Reuse and Redevelopment Authority held on the 16th day of May 2006, by the following vote to wit: AYES: Commissioners Daysog, deHaan, Gilmore, Matarrese and Chair Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of May, 2006. erly Jo Community Lara Weisiger, Secreta Community Improvemenommission