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HomeMy WebLinkAboutVII(A3) First Reading of Ordinance 2001-10, Repealing Ordinance 93-20 Which Established The Travel Policy Agenda 5-01-2001 Item VII A 3 FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM:. Paul E. Rosenthal, Esq., City Attorney DATE: April 23, 2001 RE: Ordinance Repealing Ordinance No. 93-20 with Respect to the City of Ocoee Travel Policy On December 7, 1993 the City Commission adopted Ordinance No. 93-20 which established policies and regulations relating to travel expenses incurred by certain City officials and employees on behalf of the City. A copy of that Ordinance is attached. At various meetings, the City Commission has indicated an interest in amending the existing policy as it relates to travel and reimbursement of travel expenses incurred by members of the City Commission. The City Commission has also indicated a preference to address this subject by resolution adopted by the City Commission. I have previously advised the City Commission that this subject may be addressed by resolution and does not need to be contained in an ordinance. Accordingly, for your consideration, attached hereto is a proposed ordinance which would repeal Ordinance No. 93-20. In the event the ordinance is adopted following a public hearing, the City Commission would then be in a position to adopt a resolution which would address the subject of reimbursement of travel expenses. Consistent with the discussions at various City Commission meetings and discussions between individual members of the City Commission and the City Manager, a separate resolution regarding City Commission travel expenses will be presented for your consideration at the May 15 City Commission meeting. PER/jh Enclosure 006.216040.1 ORDINANCE NO. 2001-10 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; 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 by resolution a new policy 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. SECTION 3. 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 006.189904.2 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 4. Conflicts. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2001. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2001 READ FIRST TIME ,2001 READ SECOND TIME AND ADOPTED ,2001 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of ,2001. FOLEY&LARDNER By: City Attorney -2- 006.189904.2 ORDINANCE NO. 93- 20 AN ORDINANCE OF THE CITY OF OCOEE, OCOEE FLORIDA, ADOPTING AND APPROVING THE CITY OF L POLICY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to provide policies and regulations relating to travel expenses incurred by certain City officials and employees on behalf of the City. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMIVIISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Short Title and Authority.' A. This Ordinance shall be known and may be cited as the "CITY OF OCOEE TRAVEL POLICY". B. 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. Adoption of City of Ocoee Travel Policy. The City Commission of the City of Ocoee, Florida, hereby adopts and approves the CITY OF OCOEE TRAVEL POLICY as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. 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 4. Conflicts. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 7 day of Lc-cc-meat- , 1993. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Grafton, City Cl S. Scott Vandergrift, Mayor (SEAL) ADVERTISED 11-25 , 1993 READ FIRST TIME 11-16 , 1993 READ SECOND TIME AND ADOPTED b E cC mac-2 '1 , 1993, UNDER AGENDA ITEM NO. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this 1 S' day of De ( , 1993. FOLEY & LARDNER By: IgAJC414,140 City Attorney • CAWP5\DOGS OCOE TRAVFl..P0L l lomm l I SWOT$I DPB:dp 2 EXHIBIT "A" TRAVEL POLICY 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 grant expenses to the traveler in order that the traveler may attend conferences, workshops and similar events if 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. All such persons are eligible to travel for the conduct of City business or to attend meetings and conferences 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 om days The report will be filed within seven (7) g after completing the authorized travel. (2) All travel must be by a usually traveled route for route. If I own a person travels by an indirect convenience, any extra costs shall be borne by the traveler, and reimbursement for 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. 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 is by plic transportation, fares and parking fees arelimousine, car rental reimbursable, substantiated by receipts. Travelers who are assigned a City vehicle on a permanent basis and/ or who receive a car allowance shall be reimbursed for gas only and not mileage, however, a gas receipt must be submitted to receive reimbursement. Employees in this category shall only use a City vehicle if their personal vehicle or assigned vehicle is inoperative at the time of travel. An explanation must be submitted as to the reason why the vehicle is inoperative and when the vehicle will become operative. (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. (4) If a traveler is out of town for longer than one day, the traveler shall be allowed one personal 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 payments of this type should be kept at the minimum. (6) Registration fees, including meals and other programmed affairs, are reimbursable upon presentation of receipts. Meals will not be included if the employee has requested per diem. See Section (9) relating to per diem. (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. 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 determine the meal reimbursement. No receipts are required; however, meal expenses for travelers exceeding the Runzheimer rate must be accompanied by a receipt for reimbursement with an explanation. 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 appropriate expenses shall be reimbursable and must be accompanied by receipts. No receipts are required for meals or lodging. (9) All travelers who accompany a City employee or City official who has an authorized City credit card and the credit card holder pays for meals and other expenses with the credit card the traveler or official and employee shall not be eligible for reimbursement for those expenses paid by the credit card. The credit card holder must list all expenses incurred on the Travel Expense Report and the names of the travelers and employees or officials 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) Any other necessary expense not otherwise provided, incurred for the benefit of the City, together with receipts and explanations thereof, should be claimed on an individual basis by completing the necessary travel form and signed by the traveler. In the event the expense is not approved, the traveler will be responsible for payment of the expense. (11) Travelers may obtain travel advances when requested through the Finance Department. The necessary travel • form must accompany the request and must be signed by the traveler. All advances shall be accounted for within seven (7) working days after completion of the authorized travel. se for travel, ls or (12) City for spouse and familll not y.urReimbursement ise limited expenses The to the P traveler. (13 ) While entertainment on behalf of the City, under certain tain circumstances and conditions, clearly meets a p 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 approval is granted, it is specifically required that the nature of the entertainment, those present, and a brief summary of the business discussed must be provided for inclusion in the Travel Expense Report. (14) All Travel Expense Reports must be completed as stated in 11 above. In the event the traveler fails to complete the necessary report, the traveler shall not be reimbursed by the City and shall be responsible for all expenses incurred. (15) Any travel by a traveler which is reimbursed under this Travel Policy is subject to the availability of budgeted funds for such purpose.