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HomeMy WebLinkAbout07 - Approval of Revised City Council Travel Policy F-8Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 25, 2021 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Scott Catlett, Finance Director/Treasurer - 949-644-3123, scatlett@newportbeachca.gov PREPARED BY: Steve Montano, Deputy Finance Director smontano@newportbeachca.gov PHONE: 949-644-3240 TITLE: Resolution No. 2021-42: Approval of Revised City Council Travel Policy F-8 ABSTRACT: City Council Policy F-8 governs travel while on City of Newport Beach (City) business. The minor change proposed to the policy will clarify that reimbursement rules set forth in California Government Code Section 53232 apply to appointed officials and members of special boards, commissions, and committees in addition to the City Council. This Government Code section specifies that requests for expense reimbursement must be accompanied by a receipt documenting each expense. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-44, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policy F-8. DISCUSSION: The purpose of City Council Policy F-8 is to establish guidelines for reimbursement of expenses incurred during official City travel by City Council members, appointed officials, members of special boards, commissions, and committees, and City employees when traveling on official City business. California Government Code Section 53232 provides restrictions on expense reimbursements paid to members of legislative bodies. Members of a legislative body may only be reimbursed for actual and necessary expenses incurred in the performance of official duties, and their requests for expense reimbursement must be accompanied by a receipt documenting each expense. The minor change proposed to the policy will clarify that in addition to the City Council, appointed officials and members of special boards, commissions, and committees are also subject to the aforementioned requirements set forth in California Government Code Section 53232. 7-1 Resolution No. 2021-42: Approval of Revised City Council Travel Policy F-8 May 25, 2021 Page 2 FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2021-44, including City Council Policy F-8 (Exhibit 1) Attachment B —Council Policy F-8 (redlined) 7-2 ATTACHMENT A Resolution No. 2021-44, including City Council Policy F-8 (Exhibit 1) 7-3 RESOLUTION NO. 2021-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISED CITY COUNCIL POLICY F-8 WHEREAS, the purpose of this policy is to establish guidelines for official City travel for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling on official City business, WHEREAS, California Government Code Section 53232 et seq. provides restrictions on expense reimbursements paid to members of legislative bodies; WHEREAS, members of the City Council, appointed officials, members of special boards, commissions and committees may only be reimbursed for actual and necessary expenses incurred in the performance of official duties and their travel claims must be accompanied by the receipts documenting each expense; and WHEREAS, the City Manager has reviewed the recommended revisions to Policy F-8 to be in accordance with the above restrictions and recommends the City Council adopt the revised City Council policy to promote efficiencies, and ensure smooth administrative operations. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council hereby approves and adopts City Council Policy F- 8, which is attached hereto as Exhibit 1 and incorporated herein by this reference. Section 2: All prior versions of City Council Policies F-8 are hereby repealed. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 7-4 Resolution No. 2021 - Page 2 of 2 Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of May, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AarA C. Harp City Attorney Attachment: Exhibit 1 — City Council Policy F-8 7-5 CITY TRAVEL POLICY STATEMENT IIapi0011.0) � To set forth the policy for official City travel for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling overnight on official City business. This policy will not apply for commuter (local) training seminars and local City business expenses, nor is it intended to supersede Police Officer Standard Training reimbursable travel policies established by the State of California or the Newport Beach Police Department. The governing rule for all City travel expenses will be availability, economy, convenience, and propriety. TRAVEL POLICY A. The City will provide reimbursement for expenses directly related to attendance at approved conferences, seminars, meetings, and other official functions/ purposes. B. Official travel is planned, approved, and budgeted at the Department level. C. All official travel must be approved prior to the time of the travel by the Finance Director. D. The City Manager will adopt and enforce administrative procedures that assure that all City authorized travel is: 1. Paid directly by the City or reimbursed to the traveler based on actual, itemized expenses or should be covered by per diem payment. 2. The City's per diem rate for Meals and Incidental Expenses (M&IE) will be equal to the U.S. General Services Administration's (GSA) M&IE rates. (www.GSA.gov). PROCEDURE A. Each Department Director will include all planned trips in the Department's annual budget requests. The Travel Authorization Form will be used as a planning/ cost estimation guide. For unbudgeted, unplanned travel, the same form will be prepared at the time travel is requested. 1 7-6 B. All requests for travel advances will include the original Travel Authorization Form signed by the Department Director. C. The Travel Expense Claim Form will be used to file the final travel claim with the Finance Director. A copy of the Travel Authorization Form must be attached. SPECIAL REIMBURSEMENT RULES RELATED TO LEGISLATIVE BODIES INCLUDING CITY COUNCIL, APPOINTED OFFICIALS, MEMBERS OF SPECIAL BOARDS, COMMISSIONS AND COMMITTEES The California Government Code Section 53232 et seq. provides restrictions on expense reimbursements paid to members of legislative bodies, which include members of the City Council, appointed officials and members of special boards, commissions and committees created by charter, ordinance, resolution, or formal action of the City Council. Members of a legislative body may only be reimbursed for actual and necessary expenses incurred in the performance of official duties and their travel claims must be accompanied by the receipts documenting each expense. CONTINUITY OF CITY GOVERNMENT POLICY With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or killing several people simultaneously. Since Council Members are required to attend conferences, conventions and meetings outside City Hall, it is desirous to require that whenever possible, no more than three members of the City Council use the same transportation at the same time. When it comes to the Council's attention that a conference, convention, or meeting in which transportation is required, Council Members shall make an effort to arrange their itinerary so that no more than three members of the City Council use the same transportation. The City Clerk will be utilized to provide alternate travel arrangements where necessary in order to comply with this policy. This policy will help ensure that there will be a continuity of City government and that there is always a majority of Council members capable of fulfilling the responsibilities placed upon them by the City. In addition, the City Manager, Department Directors and other key personnel should use the same guidelines in traveling separately on official business whenever practicable. 2 7-7 Adopted - June 8,1992 Amended - January 24,1994 Amended - February 26,1996 Amended - April 23, 2002 Amended - October 10, 2006 Amended - August 11, 2009 Amended - September 27, 2011 Amended - February 12, 2019 Amended - May 25, 2021 Formerly F-25 3 UK ATTACHMENT B CITY TRAVEL POLICY STATEMENT To set forth the policy for official City travel for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling overnight on official City business. This policy will not apply for commuter (local) training seminars and local City business expenses, nor is it intended to supersede Police Officer Standard Training reimbursable travel policies established by the State of California or the Newport Beach Police Department. The governing rule for all City travel expenses will be availability, economy, convenience, and propriety. TRAVEL POLICY A. The City will provide reimbursement for expenses directly related to attendance at approved conferences, seminars, meetings, and other official functions/ purposes. B. Official travel is planned, approved, and budgeted at the Department level. C. All official travel must be approved prior to the time of the travel by the Finance Director. D. The City Manager will adopt and enforce administrative procedures that assure that all City authorized travel is: 1. Paid directly by the City or reimbursed to the traveler based on actual, itemized expenses or should be covered by per diem payment. 2. The City's per diem rate for Meals and Incidental Expenses (M&IE) will be equal to the U.S. General Services Administrations (GSA) M&IE rates. (www.GSA.gov). IraW0141abillNa A. Each Department Director will include all planned trips in the Department's annual budget requests. The Travel Authorization Form will be used as a planning/cost estimation guide. For unbudgeted, unplanned travel, the same form will be prepared at the time travel is requested. 1 7-9 B. All requests for travel advances will include the original Travel Authorization Form signed by the Department Director. C. The Travel Expense Claim Form will be used to file the final travel claim with the Finance Director. A copy of the Travel Authorization Form must be attached. SPECIAL REIMBURSEMENT RULES RELATED TO LEGISLATIVE BODIES INCLUDING CITY COUNCIL, APPOINTED OFFICIALS, MEMBERS OF SPECIAL BOARDS, COMMISSIONS AND COMMITTEES The California Government Code Section 53232 et seq. provides restrictions on expense reimbursements paid to members of legislative bodies, which include members of the City Council, appointed officials and members of special boards, commissions and committees created by charter, ordinance, resolution, or formal action of the City Council. Members of a legislative body may only be reimbursed for actual and necessary expenses incurred in the performance of official duties and their travel claims must be accompanied by the receipts documenting each expense. With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or killing several people simultaneously. Since Council Members are required to attend conferences, conventions and meetings outside City Hall, it is desirous to require that whenever possible, no more than three members of the City Council use the same transportation at the same time. When it comes to the Council's attention that a conference, convention, or meeting in which transportation is required, Council Members shall make an effort to arrange their itinerary so that no more than three members of the City Council use the same transportation. The City Clerk will be utilized to provide alternate travel arrangements where necessary in order to comply with this policy. This policy will help insure that there will be a continuity of City government and that there is always a majority of Council members capable of fulfilling the responsibilities placed upon them by the City. In addition, the City Manager, Department Directors and other key personnel should use the same guidelines in traveling separately on official business whenever practicable. 2 7-10 Adopted - June 8,1992 Amended - January 24,1994 Amended - February 26,1996 Amended - April 23, 2002 Amended - October 10, 2006 Amended - August 11, 2009 Amended - September 27, 2011 Amended - February 12, 2019 Amended - May 25, 2021 Formerly F-25 3 7-11