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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: April 11, 2006

Subject/Title: Adopt a resolution amending the Travel/Expense Policy No. 20-4 and amending the City Council Meetings Rules and Procedures Policy No. 110-1 deleting Rule No. 36 – Council Travel and Expense to have one comprehensive Travel/Expense Policy

Prepared by: Denise Davies, Chief Finance Officer

Submitted by: Pamela Ehler, City Treasurer/Director of Finance and Information Systems

RECOMMENDATION
Adopt a resolution amending the Travel/Expense Policy No. 20-4 and the City Council Meetings Rules and Procedures Policy No. 110-1 deleting Rule No. 36- Council Travel and Expense to have one comprehensive Travel/Expense Policy.

PREVIOUS ACTION
On November 13, 2001, the City Council adopted resolution No. 2399, which adopted Council/Administrative Policy No. 110-1.

On July 22, 2003, the City Council approved Resolution No. 2933 amending the Travel/Expense Policy No. 20-4.

On April 27, 2004, the City Council adopted resolution No. 2004-97 which amended Council/Administrative Policy No. 110-1 by making minor changes of rules 1 through 27 and added rules 28 through 36.

On October 25, 2005, the City Council adopted resolution No. 2005-260, which amended Council/Administrative Policy No. 110-1 by deleting Rule No. 8 – City Attorney.

BACKGROUND
Government Code Section 36514.5, enacted in 1966, has provided that “City Council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties”.

Assembly Bill 1234, passed in 2005, added two new Government Code Sections (53232.2 and 53232.3) addressing expense reimbursement for local government officials. Taken together, these sections require a written reimbursement policy that spells out in advance what types of expenses are reimbursable and reasonable reimbursement rates. These sections also require that public officials who are reimbursed for expenses must provide brief reports on meetings attended at the City’s expense at the next regular meeting of the legislative body. The requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.

At Council Member Taylor’s request, staff researched other Contra Costa Cities, survey attached, as well as the Institute for Local Government’s model reimbursement policy regarding expense reimbursements for Council Members. We found no cities that provide reimbursement for political or charitable contributions or events and the Local Government’s model policy specifically disallows this type of reimbursement. We have incorporated language to address political or charitable contributions or events into the Travel/Expense Policy.

Although, the current Travel/Expense Policy and City Council Meetings Rules and Procedures Policy Rule No. 36 - Council Travel and Expense, meet the current minimum requirements of the Government Code sections, staff has taken this opportunity to clarify some ambiguity within the documents and has incorporated them into one comprehensive Travel/Expense Policy.

In addition to the changes in the Travel/Expense Policy discussed above, some of the changes are language clarifications to better define the guidelines. Other changes include City Manager approval for travel out of California or Nevada, a change in the due date for reimbursement requests and a section clarifying City Manager and City Attorney travel and dispute resolution.

The change to City Council Meetings Rules and Procedures Policy No. 110-1 is deleting Rule No. 36 - Council Travel and Expense. This section will no longer be necessary as Section 4 – Council Members and Commissioners has been added to Travel/Expense Policy No. 20-4. This section specifically states the events and activities that qualify for reimbursement for Council Members and Commissioners, as well as reporting requirements of meetings attended and review and approval of expense statements.

In order to facilitate your review, changes to the Policies have been displayed in red.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of the resolutions. The cost of travel/expense reimbursements must not exceed the fiscal year adopted budget.

Attachment:
Countywide Survey
Resolution
Travel/Expense Policy 20-4
City Council Meetings Rules and Procedures Policy No. 110-1

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE TRAVEL/EXPENSE POLICY NO. 20-4 AND THE CITY COUNCIL MEETINGS RULES AND PROCEDURES POLICY NO. 110-1 DELETING RULE NO. 36 – COUNCIL TRAVEL AND EXPENSE TO HAVE ONE COMPREHENSIVE TRAVEL/EXPENSE POLICY

WHEREAS, on November 13, 2001, the City Council adopted resolution No. 2399, which adopted Council/Administrative Policy No. 110-1; and

WHEREAS, on July 22, 2003, the City Council approved Resolution No. 2933 amending the Travel/Expense Policy No. 20-4; and

WHEREAS, on April 27, 2004, the City Council adopted resolution No. 2004-97 which amended Council/Administrative Policy No. 110-1 by making minor changes of rules 1 through 27 and added rules 28 through 36; and

WHEREAS, on October 25, 2005, the City Council adopted resolution No. 2005-260, which amended Council/Administrative Policy No. 110-1 by deleting Rule No. 8 – City Attorney; and

WHEREAS, Assembly Bill 1234, passed in 2005, added two new Government Code Sections (53232.2 and 53232.3) addressing expense reimbursement for local government officials; and

WHEREAS, although, the current Travel/Expense Policy and City Council Meetings Rules and Procedures Policy Rule No. 36 - Council Travel and Expense, meet the current minimum requirements of the Government Code sections, staff has taken this opportunity to clarify some ambiguity within the documents and has incorporated them into one comprehensive Travel/Expense Policy; and

WHEREAS, some of the changes to the Travel/Expense Policy are language clarifications to better define the guidelines. Other changes include City Manager approval for travel out of California or Nevada, a change in the due date for reimbursement requests and a section clarifying City Manager and City Attorney travel and dispute resolution; and

WHEREAS, the change to City Council Meetings Rules and Procedures Policy No. 110-1 is deleting Rule No. 36 - Council Travel and Expense. This section will no longer be necessary as Section 4 – Council Members and Commissioners has been added to Travel/Expense Policy No. 20-4.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby:

1. amend the Travel/Expense Policy No. 20-4 a copy of which is attached as Exhibit “A”.
2. amend the City Council Meetings Rules and Procedures Policy No. 110-1 deleting Rule No. 36- Council Travel and Expense a copy of which is attached as Exhibit “B”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of April 2006 by the following vote:

Attachment:
Travel/Expense Policy 20-4
City Council Meetings Rules and Procedures Policy No. 110-1
 

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