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Home My WebLink AboutVI(A3) Ordinance No. 2000-24, Rescinding And Replacing Travel Ordinance No. 93-20 Agenda 9-05-2000 Item VIA3 FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: Ellis Shapiro, City Manager FROM: Paul E. Rosenthal, Esq., City Attorney DATE: July 31, 2000 RE: City Commission Travel Policy By Ordinance No. 93-20, the City Commission adopted a travel policy applicable to travel by the Mayor, City Commissioners, City Manager, City Attorney and 'members of Boards and Commissions. I have met with you, Wanda Horton and Elden McDirmit to discuss possible revisions to the travel policy. Based on these discussions, I am enclosing herewith a revised Exhibit "A" to the ordinance which would set forth a revised City Commission Travel Policy. For your convenience, I am also enclosing a blacklined copy showing changes from Exhibit "A" as attached to Ordinance No. 93-20. The draft of the revised City Commission Travel Policy has been reviewed by Elden McDirmit and his comments have been incorporated into the draft. Please let me know if you have any revisions to the draft. Also, please advise if you would like me to put this in the form of an ordinance which would rescind Ordinance No. 93-20 and adopt the revised policy. PER/jh o 3 Z 00 a Attachment(s) 0 4‘,.9 11, I ,Tcr n0 z"0,„)AP )vtite 62- 006.189361.1 MCDIRMIT, DAVIS, PUCKETT & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS 605 E.Robinson Street,Suite 635 Telephone:(407)843-5406 Post Office Box 1185 Fax:(407)649-9339 Orlando,Florida 32802-1185 E-Mail:info@mdpcpa.com July 17, 2000 Mr. Ellis Shapiro, City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761-2258 Re: Spouse's Travel Expenses for Commissioners Dear Ellis: As a result of our meeting on June 22"d, I am responding to your inquiry whether the City could pay travel expenses for the spouses of city commissioners without including these expenses as compensation for the commissioners. The City would be allowed to exclude the amounts paid for the spouse's expenses from the commissioners compensation only if the City can adequately show that the spouse's presence on the commissioners business has a "bona fide" business purpose and the expenses are documented. Of these criteria, the most difficult to establish is, of course, whether or not the spouse's presence on the commissioner's business trip has a "bona fide" business purpose. The presence of the spouse must be necessary, not simply helpful. Socializing will not qualify as a business purpose. If the city policy requires that spouses travel with commissioners with a purpose that would benefit the City (ie, projecting the city's family image) then there is a court case (U.S. vs. Disney) that would tend to support the necessary criteria. Please call if you wish to discuss this matter further. Sincerely, Elden G. McDirmit, C.P.A. C PA Members:Private Companies Practice Section•American Institute of Certified Public Accountants•Florida Institute of Certified Public Accountants FOLEY & LARDNER ATTORNEYS AT L A W CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407) 648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 407/244-3245 EMAIL ADDRESS CLIENT/MATTER NUMBER scookson@foleylaw.com 020377-0107 August 8, 2000 VIA HAND DELIVERY Jean Grafton City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Re: Ordinance Repealing Ordinance No. 93-20 Dear Jean: Pursuant to Mr. Cookson's e-mail to you yesterday, enclosed is the Ordinance which repeals Ordinance 93-20 (which established the City of Ocoee Travel Policy) and adopts the new City Commission Travel Policy. If you have any questions regarding the enclosed please feel free to contact our office. Sincerely, 4.7222Lad.....A) Gini Main, Secretary to Scott A. Cookson Enclosures cc: Scott A. Cookson, Esq. (w/enclosure) 006.190112.1 ESTABLISHED 1842 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART ORDINANCE NO. 2000-2 4 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REPEALING ORDINANCE NO. 93-20 ADOPTED DECEMBER 7, 1993 WHICH ESTABLISHED THE CITY OF OCOEE TRAVEL POLICY; ADOPTING AND APPROVING THE CITY COMMISSION,TRAVEL POLICY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 7, 1993 the City Commission adopted Ordinance No. 93-20 which established the policies and regulations relating to travel expenses incurred by certain City officials and employees on behalf of the City; and WHEREAS, the City desires to repeal said Ordinance and establish a new set of policies and regulations relating to travel expenses incurred by the members of the City Commission on behalf of the City. NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Repealing of Ordinance No. 93-20. Ordinance No. 93-20 adopted December 7, 1993 establishing the "CITY OF OCOEE TRAVEL POLICY" is hereby repealed in its entirety. 006.189904.1 SECTION 3. City Commission Travel Policy. The City Commission of the City of Ocoee, Florida, hereby adopts and approves the "CITY COMMISSION TRAVEL POLICY" as set forth in Exhibit "A" attached hereto and by this reference made apart hereof. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Conflicts. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 006.189904.1 -2 PASSED AND ADOPTED this day of ,2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2000 READ FIRST TIME ,2000 READ SECOND TIME AND ADOPTED ,2000 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2000. FOLEY & LARDNER By: City Attorney -3-006.189904.1 EXHIBIT "A" CITY COMMISSION TRAVEL POLICY The travel policy is adopted for purposes of regulating travel for the Mayor & City Commissioners. These individuals will be identified through out this policy as the "traveler". The City shall pay certain expenses to the traveler in order that the traveler may attend meetings, conferences, seminars, workshops and similar events which serve a public purpose and are considered to be in the best interest of the City. The need for City travel for which reimbursement may be claimed by the travelers named above on behalf of the City of Ocoee is acknowledged as serving a public purpose arid being in the best interests of the City. All such persons are eligible to travel for the conduct of City business or to attend meetings, conferences, seminars, workshops and similar events for the benefit of the City, at City expense, pursuant to proper authorization prescribed in these regulations. (1) A Travel Expense Report issued by the Finance Department, which shall be used by all travelers requesting reimbursement for travel expenses, shall be completed. The report will be filed within fourteen (14) working days after completing the authorized travel. (2) Transportation expenses will be reimbursable as set forth below. All travel must be by a usually traveled route. If a person travels by an indirect route for his/her own convenience, any extra costs shall be borne by the traveler, and reimbursement for travel expenses shall be based only on such charges as would have been incurred by a usually traveled route. Air travel, if necessary, shall be by tourist class, when practicable, and a receipt shall be required for all such air travel. Travel by private car when a City vehicle is not used will be reimbursed at a rate per mile established by the City. When travel or local transportation is by rental car, all rental car fees and charges are reimbursable when substantiated by receipts. Local travel by airport limousine is reimbursable when substantiated by receipts. Taxicabs and parking fees are reimbursable and receipts for such expenses should be obtained whenever possible. Travelers who are assigned a city vehicle shall be reimbursed for gas only and not mileage; however, a gas receipt must be submitted to receive reimbursement. (3) Reimbursement for lodging will be on the basis of actual cost of a single occupancy, or occupancy shared with another traveler. Double occupancy rate will be reimbursed if no single room is available or if 006.189904.1 traveling with the traveler's spouse. No reimbursement will be provided for expenses charged for in-room movies or in-room food/beverage bars. (4) If a traveler is out of town for longer than one day, the traveler shall be allowed one personal telephone call reimbursed per day providing that the time limit of that call is reasonable. No other personal calls are reimbursable. (5) Gratuities (tips) are recognized as a legitimate part of the cost of travel and a proper charge against the City, when such expenses are necessary. (6) Registration fees, including meals and other programmed affairs and activities, are reimbursable upon presentation of receipts. Receipts are not required for any activities included in or on the registration form for the event when a City check is issued for direct payment of such fees and charges. Registration fees may include social activities which are part of the program for the event. Expenses for social events and entertainment which are not part of the program shall not be reimbursable except as provided in Section 12 below. (7) All travelers will be reimbursed for the actual meals expenses, except for alcoholic beverages which will not be reimbursable. A receipt for meals will be provided whenever possible. (8) If a traveler accompanies a city employee or City official who has an authorized City credit card and the credit card holder other than the traveler pays for meals and other expenses with the City credit card, then the traveler shall not be eligible for reimbursement for those expenses paid by the credit card holder other than the traveler. The credit card holder who pays any expenses for a traveler will be reimbursed for such expenses provided the credit card holder lists all such expenses incurred on the Travel Expense Report and the names of the traveler for whom the expense was incurred. (9) Any other necessary expense not otherwise provided, incurred for the benefit of the City, together with receipts whenever possible and explanations thereof, should be claimed on an individual basis by completing the necessary travel form and should be signed by the traveler. All such expenses must serve a valid public purpose. In the event the expense does not serve a valid public purpose or is otherwise inconsistent with this policy, then the traveler will be responsible for payment of the expense. (10) Travelers may obtain travel advances when requested through the Finance Department only for expenses which cannot be charged to the City credit card issued to the traveler. The necessary travel form must -5 006.189904.1 accompany the request and must be signed by the traveler. All advances shall be accounted for within ten (10) working days after completion of the authorized travel. (11) The City will reimburse for travel, meals or expenses for spouse of the traveler when the spouse accompanies the traveler, the event includes activities which may be attended by the traveler's spouse, and the attendance of the traveler's spouse is otherwise in the best interests of the City considering the nature of the event, the role of the traveler with respect to the event and the attendance of other spouses at the event. The City will not reimburse for travel, meals or expenses of other family members of the traveler. (12) Entertainment expenses incurred by the traveler which serve a valid public purpose will be reimbursed to the traveler. The Travel Expense Report of the traveler must include the nature of the entertainment, those present, and a brief summary of the business discussed. Receipts must be provided for all entertainment expenses. (13) All Travel Expense Reports must be completed as stated above. (14) Any travel by a traveler which is reimbursed under this Travel Policy is subject to the availability of budgeted funds for such purpose. -6-006.189904.1 EXHIBIT ("A"TRAVEL POLICY) CITY COMMISSION TRAVEL POLICY (REVISED)] The travel policy is adopted for purposes of regulating travel for the Mayor & City Commissioners(, City Manager, City Attorney and Members of Boards and Commissions). These individuals will be identified through out this policy as the "traveler". The City shall {gam) [pay certain" expenses to the traveler in order that the traveler may attend [meetings,] conferences, [seminars," workshops and similar events (if) [which serve a public purpose and are considered to be in the best interest of the City. The need for City travel for which reimbursement may be claimed by the travelers named above on behalf of the City of Ocoee is acknowledged [as serving a public purpose and being in the best interests of the Cityl. All such persons are eligible to travel for the conduct of City business or to attend meetings (and)jl conferences[, seminars, workshops and similar events" for the benefit of the City, at City expense, pursuant to proper authorization prescribed in these regulations. (1) A (travel expensc report) [Travel Expense Report] issued by the Finance Department[," which shall be used by all travelers requesting reimbursement for travel expensesjl shall be completed. The report will be filed within {-seven ( -4 [fourteen (14)1 working days after completing the authorized travel. (2) [Transportation expenses will be reimbursable as set forth below." All travel must be by a usually traveled route. If a person travels by an indirect route for his/her own convenience, any extra costs shall be borne by the traveler, and reimbursement for [travel] expenses shall be based only on such charges as would have been incurred by a usually traveled route. Air travel, if necessary[) shall be by tourist class, when practicable'', and a receipt shall be required for all such air travel]. Travel by private car when a City vehicle is not used will be reimbursed at a rate per mile established by the City. When travel , for local transportation is by rental car, all rental car fees and charges are reimbursable "when substantiated by receipts. [Local travel by airport limousine is reimbursable when substantiated by receipts. Taxicabs and parking fees are reimbursable and receipts for such expenses should be obtained whenever possible.1 Travelers who are assigned a city vehicle shall be reimbursed for gas only and not mileage-MI however, a gas receipt must be submitted to receive reimbursement. r a �i-mate al my e C—it ehic� :f thei e na 186563.4 compared to 186563.1 7/31/00 4:27:57 PM DRAFT-07/31/00 006.189386.1 mus • vehicle , it become o tiye (3) Reimbursement for lodging will be on the basis of actual cost of a single occupancy, or occupancy shared with another traveler. Double occupancy rate will be reimbursed if no single room is available for if traveling with the traveler's spouse. No reimbursement will be provided for expenses charged for in-room movies or in-room food/beverage bars]. (4) If a traveler is out of town for longer than one day, the traveler shall be allowed one personal [telephone] call reimbursed per day providing that the time limit of that call is reasonable. No other personal calls are reimbursable. (5) Gratuities (tips) are recognized as a legitimate part of the cost of travel and a proper charge against the City, when such expenses are necessary. (All (6) Registration fees, including meals and other programmed affairs [and activities], are reimbursable upon presentation of receipts. (Mews wil net be diem .) [Receipts are not required for any activities included in or on the registration form for the event when a City check is issued for direct payment of such fees and charges. Registration fees may include social activities which are part of the program for the.event. Expenses for social events and entertainment which are not part of the program shall not be reimbursable except as provided • in Section 12 below.] ((7) WHILE THE CITY ACKNOWLEDGES THAT ATTENDANCE AND PARTICIPATION IN PROFESSIONAL ASSOCIATED MEETINGS CONSTITUTES A PUBLIC PURPOSE IN RELATION TO THE TRAINING AND EDUCATION OF ITS OFFICIALS, THE CITY WILL REIMBURSE THE COST OF MEALS AND ATTENDANCE TO SUCH MEETINGS ONLY IF IT IS ESTABLISHED THAT THE MEETING IS FOR A PROFESSIONAL AND NOT SOCIAL PURPOSE AND THE FEE FOR THE MEAL IS AT A STANDARD RATE PER ATTENDEE.)[(7) All travelers will be reimbursed for the actual meals expenses, except for alcoholic beverages which will not be reimbursable. A receipt for meals will be provided whenever possible.] (ALL TRAVELERS MAY BE ALLOWED FOR SUBSISTENCE THE COST OF MEALS DETERMINED BY THE RUNZHEIMER MEAL LODGING INDEX. THE FINANCE DEPARTMENT WILL PROVIDE A QUARTERLY UPDATE ON THE AMOUNTS TO BE REIMBURSED PER THE RUNZHEIMER MEAL LODGING COST INDEX. IF THE CITY THE TRAVELER IS VISITING IS NOT LISTED ON THE RUNZHEIMER SCHEDULE, THE NEAREST CITY ON THE—SCHEDULE WILL 006.189386.1 -2 • DETERMINE THE MEAL REIMBURSEMENT. NO RECEIPTS ARE REQUIRED; HOWEVER, MEAL EXPENSES FOR TRAVELERS EXCEEDING THE RUNZHEIMER RATE MUST BE ACCOMPANIED BY A RECEIPT FOR DEIMBUDSLMENTAVITH A N EXPT A�rION. IN THE EVENT EXCEEDING THE RATE IS NOT APPROVE, THE TRAVELER WILL BE RESPONSIBLE FOR THE EXPENSE. IN THE EVENT MEALS ARE PROVIDED AT A CONFERENCE._OR WORKSHOP AND THE TRAVELER DOES NOT PARTICIPATE, THE TRAVELER SHALL BE ALLOWED SUBSISTENCE DETERMINED BY THE INDEX, ACCOMPANIED BY AN EXPLANATION. (8) PER DIEM IS AN ALTERNATIVE TO REIMBURSEMENT FOR LODGING AND MEALS. A TRAVELER MAY RECEIVE PER DIEM PER DAY AS OUTLINED IN THE RUNZHEIMER MEAL LODGING INDEX WHICH WILL INCLUDE LODGING AND MEALS (TIPS INCLUDED). PER DIEM IS ALLOWED ONLY FOR TRIPS OVERNIGHT OR LONGER AWAY FROM THE IMMEDIATE AREA. MILEAGE, TOLLS AND OTHER ACCOMPANIED BY RECEIPTS. NO RECEIPTS ARE REQUIRED FOR MEALS OR LODGING. (9) ALL TRAVELERS WHO ACCOMPANY)[(8)If a traveler accompanies] a city employee or City official who has an authorized City credit card and the credit card holder [other than the traveler] pays for meals and other expenses with the [City' credit card then the traveler shall not be eligible for reimbursement for those expenses paid by the credit card [holder other than the traveler]. The credit card holder [who pays any expenses for a traveler will be reimbursed for such expenses provided the credit card holder lists all such! expenses incurred on the Travel Expense Report and the names of the • [traveler] for whom the expense was incurred. (ALL EXPENSES INCURRED ON THE AUTHORIZED CITY CREDIT CARD ARE GOVERNED BY SECTION 10.03 IN ITS ENTIRETY. (10))119)1 Any other necessary expense not otherwise provided, incurred for the benefit of the City, together with receipts [whenever possible] and explanations thereof, should be claimed on an individual basis by completing the necessary travel form and [should bel signed by the traveler. [All such expenses must serve a valid public purpose.] In the event the expense {is-nrmed,) [does not serve a valid public purpose or is otherwise inconsistent with this policy, then] the traveler will be responsible for payment of the expense. ((11))[(10)1 Travelers may obtain travel advances when requested through the Finance Department [only for expenses which cannot be charged to the City credit card issued to the traveler]. The necessary travel form must accompany 006.189386.1 -3- the request and must be signed by the traveler. All advances shall be accounted for within (seven (7)) [ten (10)1 working days after completion of the authorized travel. • ((12))f(11)1 The City will (net} reimburse for travel, meals or expenses for spouse • . f of the traveler when the spouse accompanies the traveler, the event includes activities which may be attended by the traveler's spouse, and the attendance of the traveler's spouse is otherwise in the best interests of the City considering the nature of the event, the role of the traveler with respect to the event and the attendance of other spouses at the event. The City will not reimburse for travel, meals or expenses of other family members of the traveler.' ((13) WHILE ENTERTAINMENT ON BEHALF OF THE CITY, UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS, CLEARLY MEETS A PUBLIC PURPOSE, THESE INSTANCES REQUIRE PRIOR APPROVAL BY THE FINANCE DEPARTMENT, OF THE NATURE, PURPOSE, AND ANTICIPATED COST OF ENTERTAINMENT, BEFORE IT IS UNDERTAKEN WITH PUBLIC FUNDS. IN INSTANCES WHERE PRIOR _ J(12) Entertainment expenses incurred by the traveler which serve a valid public purpose will be reimbursed to the traveler. The Travel Expense Report of the traveler must include' the nature of the entertainment, those present, and a brief summary of the business discussedf.. Receipts] must be provided for . fall entertainment expenses.] {(14}}1-(13)1 All Travel Expense Reports must be completed as stated (in 11 above. not be reimbursed by the city and shall be responsible for all expensca ineurped7+ above. ((15))f(14)1 Any travel by a traveler which is reimbursed under this Travel Policy is subject to the availability of budgeted funds for such purpose. 006.189386.1 -4-