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Home My WebLink About18-149 ti �r r, / /l G / „„/ i,,,� / / 1, ✓ � i„ /, / i ?/ � ",r,l� it i � ✓/ r /, i �/ , //,/ ,1� i / I 1 ✓/ �//� i/r 1, rl/��,r�l/; / ; r �a ��,.� ar ,r:, �� a, ,;,./i / �, ri / /f��l✓li,%i ��f�� /,+,�, /, /r1��i/ r r,if�. ��,J,li�i/r�/J� �, r°r,, ;'v i ,, l/✓io /n, �/ ✓ 1, � / i / o, / r,, /� j Til ��,4, 1, / /r,�, r/,,�i� � i, l�i/l�/,, ,� � ✓y/�; 1 / i } Y, �, � c it/, i' � ! 1�� i�, �I/,�i�� y 1�, f 'rr fr/i,,,/,,i % 1, a: o r/ 0 01 .✓ : � � �1.,,/�.�� I �✓�of ,f 1w.. i /,,/ �� /. � /.. �,� /�,i �� J � � /, / / ,,��/✓� � i%�'1�/� / r f,,,,E, ,/s �in G„�/� '/ ./✓r .,1i� i � e, � / 1 <rr� ,�� /�-'io �, „�� /, r� I { i f , , , / „1 r / ✓ �r � � � � y, it � , l .,,,,. // „r. i.., . i � � / it �/, I ;,✓ , Il�'(a� ��/�1� ,, u„,,,,,,.,/„.., , /, i� � ,i /,,.l�ii/,✓�,.,,/„�„,.,1c.,/,/u c,,,,„ri�/„✓e��,,. in �/�///��r,////,a//�l/i ,/n.,//„��l�G„��/iii/�//�/,,. / y Resolution No. 1 -149 RESOLUTION ADOPTING BUTTE COUNTY EXPENSE REIMBURSEMENT P'OLIC'Y FOR MEMBERS OF LEGISLATIVE BODIES WHEREAS, Assembly Bill 1234 (AB 1234) (Chapter 700, Statutes of 2005), was passed by the State Assembly and State Senate in August 2005, and signed) by the Governor in October 2005, and subsequently codified, in part, at Government Code section 53232, et seq.; and WHEREAS, Government Code section 54952 defines "legislative body" as the governing body of a local agency or any other local body created by State or federal statute, and commissions, committees, boards, or other bodies of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body, and WHEREAS, Government Code section 53232.2(b) provides that local agencies that reimburse legislative body members for expenses incurred in the performance of their official duties must adopt,in a public meeting,written expense policy that specifies the types of occurrences which will be reimbursable; and WHEREAS, Government Code section 53235(a) provides members of legislative bodies who receive any type of compensation, salary, stipend, or reimbursement for actual and necessary expenses shall receive at least two hours of training in general ethics principles and ethics laws every two years, and WHEREAS,the Board of Supervisors acknowledge the ethics training requirements and obligations established by Government Code section 53235(a), and seeks to apply those same training requirements and obligations on all Butte County legislative body members. NOW,THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby adopts the Butte County Expense Reimbursement Policy for Members of Legislative Bodies, as set forth in Exhibit A,which shall rescind and replace Resolution No. 06-023 in its entirety. PASSED AND ADOPTED by the Butte County Board of Supervisors this 91h day of October, 2018, by the following vote: AYES: Supervisors Connelly, Wahl, Kirk,Teeter, and Chair Lambert NOES: None ABSENT: None NOT VOTING: None Steve Lambe air Butte County oard of Supervisors ATTEST: Shari McCracken,Chief Administrative Officer and Clerk of the rd of Supervisors By: Deput w” Butte County Administration Shari McCracken, Chief Administrative Officer J/baa min / ' %` 25 County Center Drive, Suite 200 T; 530.552,33047 butt coup _.net/administration Oroville, California 95965 F: 530.538.7120 a * CALIFORNIA . Butte County Expense Reimbursement. Policy for Members of Legislative Bodies POLICY In accordance with Government Code section 53232 et seq., the County is required to adopt a written policy on the duties for which legislative body members may receive compensation, other than meetings of the legislative body or an advisory body, or attendance at a conference, or organized educational activity. In compliance with Government Code section 53234 et seq., legislative body members receiving any compensation, salary, stipend, or reimbursement are required to receive two, hours of ethics training at least once every two years thereafter. PURPOSE This policy defines the requirements concerning what occurrences qualify a member of a legislative body to receive reimbursement of expenses for travel, meals,and lodging, including filing of expense claims and receiving ethics training. AUTHORITY Assembly Bill No. 1.234 (AB 1234—Ethics Training) (Chapter 700, Statutes of 2005), codified in Government Code sections 53232 through 53235.2, requires the County adopt a written policy on the duties for which legislative body members may receive compensation,and what occurrences are necessary for a member of a legislative body or local agency to receive reimbursement of expenses. POLICY SCOPE This policy applies to the following: 1. Members of the Board of Supervisors. 2. Members of any County"legislative body„ as defined by Government Code section 54952 as: a, The governing body of a local agency, or any other local) body created by State or federal statute; and b. A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of the Board of Supervisors. The members of the Board of Supervisors, as well as members of county legislative bodies as defined by Government section 53234 and 54952, and enumerated above, shall hereinafter be collectively referred to as Legislative Body Members. All Legislative Body Members shall comply with this policy, as well as all applicable provisions of the County's Travel and.Business Reimbursable Expense Policy(Couinty Travel Policy)as found in the current Butte County Merit System and Personnel Rules. PROCEDURE Authorized Expenses 1. When reimbursement is otherwise authorized by statute, ordinance, resolution, or by the County Travel Policy,the County may reimburse a Legislative Body Member for actual and necessary expenses incurred in the performance of official duties. 2. County funds, equipment, supplies, titles, and staff time must only be used for authorized County business. 3. 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: a. Communicating with representatives of regional, state, and national government on County adopted policy positions; b. Attending educational seminars designed to improve a Legislative Body Member's skill and information level; c. Participating in regional, state, and national organizations whose activities affect the County's interests; d. Attending County events; and e. Implementing a County-approved strategy for attracting or retaining business in the County, which will typically involve at least one staff member. 4. All expenses that do not fall within this policy,the County Travel Policy, or the Internal Revenue Service's reimbursable rates,shall be approved by the Board of Supervisors in a public meeting before the expense is incurred, or ratified after the expense is incurred when prior action is not possible due to the urgency or the requirement for the expense. 5. Expenses that the County will not reimburse include, but are not limited to: a. The personal portion of any trip; b. Political or charitable contributions or events; c. Family expenses, including partner's expenses when accompanying official on agency-related business, as well as children-or pet-related expenses; d. 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; e. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline; and f. Personal losses incurred while on County business. g. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Reimbursable Expenses I. To conserve County resources and keep expenses within community standards for public officials, expenditures shall comply with the guidelines set forth in the County's Travel Policy. In the event that expenses are incurred which exceed these guidelines,the cost borne or reimbursed by the County will be limited to the costs that fall within the guidelines, unless otherwise approved by the Chief Administrative Officer in writing. 2. All travel expenses for training, conferences, and overnight travel, including but not limited to, transportation, lodging,and meals,shall be documented and reimbursed in accordance with the County's Travel Policy. 2 a. Lodging i. Legislative Body Members shall use the most cost-effective lodging reasonable available. Lodging expenses may be reimbursed when travel on official County business"reasonably requires" an overnight stay. Lodging maybe reimbursed up to$150.00 per night plus tax, single occupancy. The Chief Administrative Officer may approve extraordinary costs above this limit on a case-by-case basis, pursuant to the County's Travel Policy. ii. If lodging is in connection with a conference, meeting,or seminar, lodging expenses shall not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. When lodging at the hosting hotel and the discounted rate exceeds$150.00 per night, an exception is not required. iii. If the group rate is not available,the Legislative Body Member shall request government rates when available. iv. If group rates or government rates are not available, the Legislative Body Member shall use comparable lodging that is consistent with the requirements of the County's Travel Policy. v. The reimbursement rates for lodging shall comply with the provisions of the County's Travel Policy. b. Transportation i. Legislative Body Members shall make reasonable efforts to ensure that the most economical (cost-effective and time-efficient) mode and class of transportation is used, consistent with scheduling needs, and considering the possibility of carpooling and ride sharing(particularly for car rentals and taxis) compared to other forms of transit. ii. Legislative Body Members shall make reasonable efforts to inquire into the availability of government and group rates (such as those available through the California State Association of Counties, and the State of California). 1. Airfare. In the event that airfare is determined to be the most economical mode of transportation for official duties, the Legislative Body Member shall make reasonable efforts to obtain the most economical airfares. 2. Automobile. In the event that the use of a Legislative Body Member's personal automobile is determined to be the most economical mode of transportation for official duties, the Legislative Body Member shall be reimbursed at the federal mileage rate as determined by the Internal Revenue Service. a. Note: As members of the Board of Supervisors receive a vehicle allowance for in-County travel, members of the Board of Supervisors are only eligible for out-of-County mileage reimbursement. 3. Car Rental. In the event that car rental is determined to be the most economical mode of transportation for official duties, the Legislative Body Member shall make reasonable efforts to obtain the most economical rental rates. When using a rental car,reimbursement shall be authorized for reasonable actual costs of the car rental, gasoline, parking, and tolls. 4. Taxis/Shuttles/Public Transit. In the event that transit(including but not limited to taxis,shuttles,or other transit)is determined to be the most economical mode of transportation for official duties, the Legislative Body Member shall make reasonable efforts to obtain the most economical rates for transit. iii. The reimbursement rates for travel, including airfare, automobile, car rental, and taxis/shuttles shall comply with the provisions of the County's Travel Policy. 3 c. Meals i. Legislative Body Members shall be entitled to reimbursement for meals and associated gratuities in the following amounts: 1. 20%of the Daily Rate for Breakfast 2. 30%of the Daily Rate for Lunch 3. 50%of the Daily Rate for Dinner ii. Reimbursable meal expenses and associated gratuities shall not exceed the rates outlined in the County's Travel Policy. iii. The County shall not reimburse costs incurred for alcoholic beverages or tobacco products. d. Miscellaneous Costs i. All other necessary expenses shall be documented and reimbursed in accordance with the County's Travel Policy. Requirements for Receiving Reimbursement Pursuant to State law, in order to receive reimbursement for the necessary and actual expenses which occurred in the performance of official duties, a Legislative Body Member shall: 1) submit an expense claim form to the County Auditor-Controller;2) provide a report to the local governing body,and,3)comply with the Ethics Training requirements as set forth in AB 1234. The County may deny reimbursement of expenses of a Legislative Body Member if the member fails to fulfill the three requirements outlined below. 1. Expense Claim Content and Submission Deadline a. The County Auditor-Controller shall provide expense claim forms to be filed by Legislative Body Members for reimbursement of actual and necessary expenses incurred on behalf of the legislative body or local agency in the performance of official duties. b. The expense claim forms shall document that expenses meet this and all other applicable County policies for expenditure of public resources. c. Legislative Body Members shall submit expense claim forms to the County Auditor-Controller no later than the 1201h calendar day after the expense is incurred, and the reports shall be accompanied by receipts documenting each expense. Inability to provide such documentation may result in the denial of reimbursement, unless otherwise authorized by the Chief Administrative Officer in writing. d. All documents related to reimbursable County expenditures are public records and are subject to disclosure under the California Public Records Act. 2. Reports to Governing Board a. At the following regular meeting of that legislative body or local agency, the Legislative Body Member shall briefly report on any Brown Act meetings, conferences, educational seminars, or meetings with legislators or government officials attended at the County's expense. b. The report may be made orally or in writing. c. If multiple officials attended, a joint report may be made. 3. Ethics Training Compliance a. In order to receive reimbursement,each Legislative Body Member shall be in compliance with the County's current Ethics Training Policy. b. The County has designated the Ethics Training Course established by the California Fair Political Practices Commission as the County-approved Ethics Training Course. This course is an online, cost-free,self-guided,two-hour course, and can be found at http://Iocalethics.fppc.ca.gov. 4 Compliance with Laws 1. Legislative Body Members should keep in mind that some expenditures maybe 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 1. Under State law, use of public resources or falsifying expense claims in violation of this policy may result in any or all of the following: a. Loss of reimbursement privileges; b. A demand for restitution to the County; c. The agency reporting the expenses as income to the elected official to State and federal tax authorities; d. Civil penalties of up to$1,000 per day and three times the value of the resources used; and e. Prosecution for misuse of public resources. 5