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HomeMy WebLinkAboutReso 35-2006 RESOLUTION NO. 35-2006 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE CITY COUNCIL HANDBOOK SECTIONS RELATED TO CITY COUNCIL REORGANIZATION MEETING, C/CAG APPOINTMENTS, PUBLIC FACILITIES DEDICATION CEREMONY PROTOCOL, RESPONSES TO CITY COUNCIL REQUESTS FOR INFORMATION, CITY COUNCIL EXPENSE REIMBURSEMENT POLICY, AND BOARD AND COMMISSION MEMBER ABSENCE POLICY. WHEREAS, at a speciallneeting of the City Council held on January 7, 2006, the City Council directed staff to prepare amendlnents to the City Council Handbook regarding the City Council reorganization meeting; appointments through the Council of Cities/City Selection Committee; public facilities dedication protocol; and responses to City Council requests for infonnation; and WHEREAS, the City Council has requested adoption of a Handbook amendlnent regarding a policy for reitnbursement of Councihnelnber expenses; and WHEREAS, at a special meeting of the City Council held on April 19, 2006, the City Council directed staff to prepare atnendments to the City Council Handbook regarding procedures and policies for attendance at Board and Commission Ineeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the following amendments to the City Council Handbook: (1) City Council Reorganization Meeting The following paragraph is hereby added to the section titled "CITY COUNCIL" on page 1 of the City Council Handbook: The meeting to detennine organization or reorganization of the City Council (i.e., selection of Mayor and Vice-Mayor) shall be held in the fourth week following a General Election as defined in Elections Code secti on 324. (2) Appointments By Council of Cities/City Selection Committee The following section is hereby added to follow section titled "Procedures for Making Appointments and Reappointtnents" on page 25 of the City Council Handbook: Council of Cities/City Selection Comlnittee On the first vote for a position selected by the Council of Cities/City Selection Comlnittee, the City's designated representative Inust vote in accordance with the City Council's direction. All subsequent votes are left to the discretion of the designated representative. (3) Public Facilities Dedication Protocol The following section is hereby added on page 26 of the City Council Handbook: COUNCIL POLICY ON DEDICATIONS OF PUBLIC FACILITIES Dedication of a new public facility shall occur only after the building is completed and ready for occupancy. Dedications should recognize the efforts of prior City Councils In designing and facilitating construction of the public facility. (4) City Council Requests for Information The following paragraph shall be added to the end of the "Staff Assistance" section on page 5 of the City Council Handbook: Responses to a Councilmember's request for information shall distributed to all Councilmembers. (5) Reitnbursement Policy for Councilmelnber Expenses The section titled "Compensation of Councihnembers" on page 3 of the City Council Handbook, is hereby amended as follows (added text in bold and underlined; deleted text in strikethrough): Each member of the City Council receives a monthly salary as provided for in the municipal code, in conformance with the provisions of state law. Salaries are payable at the Satne time and in the same manner as salaries are paid to other officers and employees of the City. The established salaries are exclusive of any amount payable to each member of the Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the City. Councilmember expenses will be reimbursed in accordance with the City Council's reimbursement policy" incorporated herein as Appendix 9. Requests for reimbursement are to be made in writing and should be supported by receipts, 'vvhere possible, and a short statement identifying the basis for the claim. There are standard forms for requests for reimbursement. (See .Appendix 3). Travel by auto to Ineetings, conferences, or seminars '.vhen by private vehicle, is reimbursed at a rate equal to the mileage rate paid by the City to its employees. Registration fees, lodging, meals and related costs incurred in connection 'vvith approved and pertinent meetings, conferences or selninars 'vvill be reilnbursed in the same manner as for city employees. Councilmembers are members of the Public Employee's Retirement System and also receive Social Security coverage during their term of office. They also are provided with various insurance benefits. (See Appendix 4 for a surmnary of benefits) (6) Pursuant to the AB 1234, Appendix 9 is hereby added to the City Council Handbook and shall read as follows: CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF COUNCILMEMBER EXPENSES Authorized Expenses City funds, equiplnent, 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) COlnlnunicating with representatives of regional, state and national govermnent on City adopted policy positions; (2) Attending educational selninars 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 retirelnent gift or celebration of nOlninal value and cost); (5) Attending City events; (6) Implelnenting a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; (7) Direct expenses, including mileage reimburselnent and audio or video tape or DVD costs, related to participation in cOlnmunity outreach programs (that do not involve any political advocacy); and (8) Meetings such as those listed above for which a meeting stipend is expressly authorized under this policy. All other expenditures require prior approval by the City governing body. Examples of personal expenses that the City will not reimburse include, but are not limited to: (1) The personal portion of any trip, including Ineals, lodging, and other incidental expenses; (2) Political or charitable contributions or events; (3) Family expenses, excluding spouse or significant other's registration or Ineal expenses when accompanying Councilmember on City-related business within San Mateo County; (4) Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gYln, Inassage and/or golf related expenses), or other cultural events; (5) Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; (6) Costs of alcoholic beverages and (7) Personal losses incurred while on City business. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred. Cost Control To conserve City resources and keep expenses within cOlmnunity 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 City will be limited to the costs that fall within the guidelines. 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 Inay be reilnbursed under this provision if more than one Councilmelnber is attending an out of town conference, and it is determined that sharing a rental vehicle is Inore economical than other forms of transportation. In making such detennination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other fonns of transportation. Government and group rates must be used when available. Airfare. When possible, Councilmelnbers should arrange for air travel to be paid for in advance by the City at the Inost econolnical and reasonable round-trip fare consistent with the Councilmelnber's scheduling needs. If advance arrangements cannot be made due to lack of advance warning or other extenuating circumstances, Councilmember's Inay be reimbursed for the expense of the airfare, so long as it is the Inost economical and reasonable round-trip fare consistent with the member or employee's scheduling needs. Automobile. Councilmembers shall use City vehicles for travel in performance of official duties, when available. If a City vehicle is unavailable Councilmembers may be reimbursed for expenses incurred in traveling by personal vehicle on official business at the annual Internal Revenue Service Standard Mileage Rate. The distance of travel will start from the place of work or from home, whichever is closer to the destination point of official business. Reimbursement shall include road and bridge tolls. Councilmembers shall be responsible for procuring and maintaining liability insurance for their personal vehicles. Car Rental. Councilmembers should arrange for car rentals to be paid for in advance by the City at the most economical rate available. If advance arrangements cannot be made due to lack of advance warning or other extenuating circumstances, Councihnembers may be reimbursed for the expense of car rental. Since the City is self-insured, Councilmelnbers shall not be reimbursed for optional liability insurance or other fees. Taxis/Shuttles. Taxis or shuttles fares Inay 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 titne-efficiency. Lodging expenses will be reimbursed or paid for when the location of the official City business is greater than 50 Iniles from the Councilmember's work or home, whichever is closer to the destination. When possible, Councihnelnbers should arrange for lodging expenses to be paid in advance by the City at the Inost econolnical and reasonable rates for single occupancy lodging that is in a location that is reasonable and convenient in relation to the Councihnember's scheduling and official business needs. 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 titne of booking. Other Lodging. Travelers Inust request government rates, when available. Lodging rates that are equal or less to govermnent rates are presulned to be reasonable and hence reimbursable for purposes of this policy. Actual lodging costs that exceed the government rate for the area Inay be reitnbursed conditioned upon performance of a good faith effort, evidenced by documentation (e.g., internet search, phone calls) that delnonstrate an attempt to find median-priced lodging. Meals Councihnelnbers Inay be reimbursed for expenses incurred for Ineals consumed in conjunction with travel on official business. Reimbursable meal expenses and associated gratuities will not exceed the following rates: Breakfast $12 Lunch $18 Dinner $40 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 Metropolitan Area. (The annual adjustment will be based on this area whether travel is within the area or not.) If a meal is provided by a conference or organized educational activity, or otherwise included in the payment of registration fees, Councihnelnbers may not be reitnbursed for Ineals purchased in lieu of, or in addition to, the provided Ineal. Meal expenses incurred by a Councihnember's spouse or immediate fatnily shall not be reimbursed, except where the Ineal is part of an event or function located in San Mateo County at which the Councihnember is perfonning his or her official duties, and the spouse or significant other's attendance at the Ineal is appropriate given the prevailing business practices. Additional Incidental Expense Reimbursement Councihnelnbers may be reilnbursed for actual and necessary incidental expenses incurred in connection with a conference, organized educational activity, or other perfonnance of official duties. Incidental expenses include reasonable gratuities for hotel and airline employees, baggage fees, parking fees, cab fares, public transportation costs, tolls, telephone calls, telegrams, faxing, and special delivery services related to the perfonnance of official duties, telephone calls of a personal nature, hotel internet charges, and other such incidental expenses. Councihnembers may be reimbursed for such incidental expenses related to reasonable gratuities for which receipts are not customarily given. Reimbursement for expenses incurred in placing telephone calls of a personal nature shall be limited to $10 per day for travel within California, and $20 per day for travel outside of California. All other actual and necessary expenses incurred in the perfonnance of official duties that are not described in this Policy shall not be reimbursed unless approved before the expense is incurred. Prohibited Expense Reimbursements Councihnelnbers shall not be reimbursed for non-business expenses including, but not limited to, entertainment expenses such as Inovie rental fees, theater tickets or sporting event fees, fines for parking citations, laundry, replacelnent fees for lost keys, fees assessed for datnage to lodging premises, and expenses incurred pursuant to personal portions of business travel, including extra lodging and Ineals. Expense Report Content And Submission Deadline All Councilmember expense reimbursement requests must be submitted on the Expense Reimbursement Form found in Appendix 3 of this Handbook. Expense reports must doculnent that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. Councihnembers Inust sublnit their expense reports within 30 days of an expense being incurred, accolnpanied 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 doculnentation in a timely fashion Inay result in the expense being borne by the Councihnelnber. Audits of Expense Reports. All expenses are subject to verification that they comply with this policy. Reports to Governing Board. At the following City governing body Ineeting, each official shall briefly report on meetings attended at City expense. If multiple Councihnembers attended, a joint report may be made. Compliance Councilmembers should keep in Inind 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, among other laws. 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 reimburselnent privileges; (2) a delnand 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. END OF PROPOSED APPENDIX 9 (7) Boards and COlnmission Melnber Absences Paragraph #4 under "Procedures for Making Appointments and Reappointments," page 25 of the South San Francisco City Council handbook, is hereby amended to read as follows (added text in bold and underlined; deleted text in strikethrough): Vacancies in any board or comlnission are filled by appointment in the same manner as original appointment. When a vacancy occurs leaving an unexpired portion of the term, any appointment is for the unexpired portion of the term. The Council may remove a commissioner and declare the position vacant if the commissioner misses three consecuti''/e regular meetings or more than one third of the regular meetings 'Nithin any tVv'elve month period, or is removed by majority vote of the Council. The interest of the City is served best by actual and regular participation by Board and Commission members. Thus" upon the second absence from a regular meeting within any rolling twelve-month period" a member shall receive a written communication from the Mayor advising of the potential consequences of a third absence within the rolling twelve-month period. Any member of an appointed Board or Commission mIssIng a third scheduled meeting within any rolling twelve-month period shall have his or her name automatically placed on the next regularly-scheduled City Council agenda for consideration of possible removal from the board or commission. The preceding procedures shall not apply to non-voting emeritus members of appointed Boards and Commissions. Any member of an appointive Board or Commission may also be removed by simple majority vote of the City Council. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular Ineeting held on the 14th day of June 2006 by the following vote: AYES: Councilmelnbers Mark N. Addiego. Pedro Gonzalez and Karvl Matsulnoto. Vice Mavor Richard A. Garbarino and Mayor Joseph A. Fernekes NOES: ABSTAIN: ABSENT: ATTEST: