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HomeMy WebLinkAboutVII (B) Resolution No. 2002-21 Amending Resolution No. 2001-06 Regarding City Commission Non-Local Travel Policy Agenda 11-05-2002 Item VII B 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: October 16,2002 RE: Resolution No. 2002-21 Amending Resolution No. 2001-06 Regarding City Commission Non-Local Travel Policy Pursuant to the direction of the City Commission at the meeting of October 15, 2002, attached hereto is proposed Resolution No. 2002-21. This Resolution amends Resolution No. 2001-06 (copy attached) in order to address procedures for reimbursement to the City of expenses charged by elected officials to a City credit card which arc not properly documented by completion of a Travel Expense Report or which are otherwise not eligible for reimbursement under the provisions of the City Commission Non-Local Travel Policy. Provisions arc made for deductions from the elected officials monthly stipend and from the monthly installment of the annual salary if the required reimbursement exceeds the monthly stipend. Notice is to be given to the affected elected official prior to any such deduction being made. In the event a deduction is made, notice of such action will be provided to the entire City Commission on a monthly basis. Additionally, the policy is clarified with respect to the requirement to submit lodging receipts in connection with the completion of the"travel Expense Report. PER/jlh 006.273095.1 FOLEY&LARDNER RESOLUTION NO. 2002-21 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING RESOLUTION NO. 2001-06 AS IT RELATES TO THE CITY COMMISSION NON-LOCAL TRAVEL POLICY; PROVIDING FOR DEDUCTIONS FROM THE ELECTED OFFICIALS MONTHLY STIPEND IN CONNECTION WITH USAGE OF A CITY CREDIT CARD USAGE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend Resolution No. 2001-06 in order to further address the use of City credit cards by the Mayor and City Commissioners. NOW, THEREFORE, BE IT RESOLVED 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 Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Resolution No. 2001-06. Resolution No. 2001-06 is hereby amended by deleting Exhibit "A" thereto in its entirety and replacing said exhibit with Exhibit "A" to this Resolution. All references in Resolution No. 2001-06 to the City Commission Non-Local Travel Policy shall hereafter refer to Exhibit "A" attached to this Resolution. Changes to the City Commission Non-Local Travel Policy are underlined in the new Exhibit "A". 0 06 216 084.E SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2002. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2002. FOLEY & LARDNER By: City Attorney 006.273084.1 -2 EXHIBIT "A" CITY COMMISSION NON-LOCAL TRAVEL POLICY (AS AMENDED, BY RESOLUTION_NO. 2002-21 This City Commission Non-Local Travel Policy is adopted for purposes of regulating non- local authorized travel, meals, registration fees, and other expenses which are incurred by the Mayor and City Commissioners for business purposes on behalf of the City. These individuals will be identified throughout this policy as the "traveler". The City shall pay certain expenses to the traveler in order that the traveler may attend non- local 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 and being in the best interests of the City. All such persons are eligible to travel for the conduct of City business or to attend non-local 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 using a City issued credit card or requesting reimbursement for authorized non-local travel expenses, shall be completed. The report will he filed within thirty (30) working days after completing the authorized travel, but in no event later than October 10 of each year for any report related to authorized travel in the previous fiscal year. For the purposes hereof, "authorized travel" or "authorized non-local travel" is non-local travel which has been approved by the City Commission as part of the annual budget and for which funds are available and non-local travel otherwise approved by the City Commission and for which funds are available. (2) Non-local transportation expenses will be reimbursable as set forth below. All non-local 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 upgradeable coach class, when practicable, and a receipt shall be required for all such air travel; provided, however, that the traveler may, at the traveler's expense, upgrade to business or first class in which case the City will reimburse for the cost which would have otherwise been incurred for air travel by upgradeable coach class. 006.273084.1 -i Notwithstanding the foregoing, the City will reimburse a traveler for business or first class travel if required by the Americans with Disabilities Act. 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 (at non-local functions) is by rental car, all rental car fees and charges are reimbursable when substantiated by receipts. Local travel (at non-local functions) by airport limousine is reimbursable when substantiated by receipts. Taxicabs and parking fees are reimbursable and receipts for such expenses should he 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 he on the basis of actual cost of a single occupancy. Double occupancy rate will be reimbursed if no single room is available or 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. An itemized receipt shall be provided for all lodging expenses. (4) If a traveler is out of town for longer than one day, the traveler shall he allowed one personal telephone call reimbursed per day providing that the time limit of that call is reasonable. All calls which are related to City business shall be reimbursable to the traveler. (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, 006 273084.1 -4- 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. (10) Travelers may obtain travel advances when requested through the Finance Department only for expenses which cannot he charged to the City credit card issued to the traveler. The necessary travel form must accompany the request and must he signed by the traveler. All advances shall be accounted for by completion of a Travel Expense Report within thirty (30) working days after completion of the authorized travel, but in no event later than October 10 of each year for advances made in the previous fiscal year. (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 gamily 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. Expenses associated with travel by a spouse shall he included on the report if the traveler seeks City payment or reimbursement of such expenses. (14) Any travel by a traveler which is reimbursed under this Non-Local Travel Policy is subject to the availability of budgeted funds for such purpose. -5 006 273084.1 (15) The travel policy set forth above does not apply to local expenses as described in Section 1 of this Resolution. (16) If the traveler has been issued a City credit card, then any such card shall only he used for expenses which are reimbursable under this Non- Local Travel Policy. If the City pays the expenses charged to any such credit card, then the traveler shall not be reimbursed for such charges, but will complete a Travel Expense Report as stated above. (17) If the traveler has been issued a City credit, the Finance Director is directed to deduct from the travelers next monthly stipend expenses charged to such credit card if any of the-9llowine cumstanccs occur: (a) If the traveler fails t25ubmit_a_Travel Expense Report within the required time frame,then all expenses rellatedlluthe late Travel Expense Report shall be deducted; (b) If the traveler fails to provide required s-upporting_docum nntat_on with respect to such expenses, then all such undocumented expenses shall be deducted; or (c) If the traveler charges expenses to the City credit card which are not entitled to reimbursement under the City Commission Non Local Travel Policy, then all such expenses shall be deducted. If deductions are made pursuant to (a) or (h) as aforesaid, then the traveler may seek reimbursement by filing a Travel Expense Report accompanied by required supporting documentation; provided, however, that the traveler shall not be entitled to reimbursement if such report and documentation is submitted after October 10_with respect to travel and expenses in the previous fiscal year. (18) Prior to making a deduction from a traveler's monthly stipend. the Finance Director shall provide the traveler with at least ten (10) days prior notice of the intent to make such deduction,. which notice will include the amount proposed to be deducted along with a copy of the City credit card bill. (19) If the amount to be deducted as provided in Paragraph 17 above exceeds the traveler's monthly stipend, then the remaining amount owed shall be deducted from the next installment payment of the traveler's annual salary, (20) The Finanie Director shall, on a monthly basis, provide the City Commission with a report regarding any deductions made from a traveller's monthly stipend and/or annual salary. 006273084.1 _6 RESOLUTION NO. 2001-06 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE PAYMENT OF A MONTHLY STIPEND IN THE AMOUNT OF $275.00 TO THE MAYOR AND CITY COMMISSIONERS FOR LOCAL TRAVEL AND LOCAL EXPENDITURES INCURRED IN THE PERFORMANCE OF OFFICIAL BUSINESS ON BEHALF OF THE CITY; PROVIDING FOR CITY SPONSORSHIP OF LOCAL FUNCTIONS; PROVIDING FOR REIMBURSEMENT OF NON-LOCAL TRAVEL AND NON- LOCAL EXPENDITURES INCURRED IN THE PERFORMANCE OF OFFICIAL BUSINESS ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes that the Mayor and Commissioners incur expenses locally in carrying out the official business of the City and that some, but not all, of these expenses are currently reimbursed by the City; and WIIEREAS, the City Commission recognizes that the current system of reimbursing the Mayor and Commissioners for expenses incurred locally has resulted in an inefficient and administratively costly system; and WHEREAS, the City Commission desires to decrease the administrative costs and paperwork associated with paying and accounting for the local travel and local expenses incurred by the Mayor and the Commissioners; and WHEREAS, the City Commission desires to provide the Mayor and each Commissioner with a monthly stipend to cover their local travel and local expenses incurred in carrying out the official business of the City; and WHEREAS, the City Commission also desires to adopt a policy setting forth guidelines to govern the reimbursement of non-local travel and non-local expenditures incurred in the performance of official business on behalf of the City. 006.128625.3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Monthly Stipend. In lieu of reimbursement for specific local travel and local expenses, effective May I, 2001, the Mayor and each Commissioner will receive by the loth day of each month a stipend in the following amount: (i) the Mayor will receive a stipend in the amount of S275.00, and (ii) each Commissioner will receive a stipend in the amount of $275 00. This stipend will cover local expenses incurred in carrying out the official business of the City, including, but not limited to, local travel expenses, local meal expenses, local organization dues where the elected official is the member, admission and registration fees at local events, and other local miscellaneous expenses incurred while carrying out official business on behalf of the City. The stipend shall be the only money received by the Mayor and each Commissioner for such local expenses and the City will not provide reimbursement for local expenses that exceed the stipend amount. No accounting to the City shall be required in connection with the expenditure of the monthly stipend. For the purposes of this Resolution, "local" or "locally" shall mean within Orange County, Seminole County, Osceola County, and Lake County. SECTION 2. City Sponsorships of Local Functions. The City may from time to time sponsor local functions or purchase a corporate table for local functions. Nothing in this Resolution shall preclude the Mayor or any Commissioner from attending any such function as a representative of the City using a ticket purchased by the City nor shall this Resolution require the Mayor or any Commissioner to reimburse the City for the ticket associated with any such function. 006.128625.3 -2- SECTION 3. Reimbursement for Non-Local Travel Expenses and Non-Local Expenditures. Expenses incurred by the Mayor and each City Commissioner in carrying out the official business of the City at non-local functions, including, but not limited to, expenses for travel, meals, registration fees, and other business purposes on behalf of the City, shall be governed by and reimbursed in accordance with the City Commission Non-Local Travel Policy attached hereto as Exhibit "A" and by this reference made a part hereof. For purposes of this Resolution, "non-local" shall mean outside of Orange County, Seminole County, Osceola County and Lake County. Additionally, registration fees for Florida League of Cities functions shall be considered a `non-local" expenditure without regard to the geographic location of any such function. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 resolutions, or parts of resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 006.128625.3 -3- PASSED AND ADOPTED this day of /11 , 2001. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Teal Grafton, City Cler 1 S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY READ FIRST TIME AND ADOPTED THE CITY OF OCOEE, FLORIDA; UNDER AGENDA ITEM NOS& -Fl q 4 APPROVED AS TO FORM LEGALITY this S�day of Q� , 2001. FOLEY,&c7I7ER�'�/ City Attorney -4- 006.128625.3 EXHIBIT "A" CITY COMMISSION NON-LOCAL TRAVEL POLICY This City Commission Non-Local Travel Policy is adopted for purposes of regulating non-local authorized travel, meals, registration fees, and other expenses which are incurred by the Mayor and City Commissioners for business purposes on behalf of the City. These individuals will be identified throughout this policy as the "traveler". The City shall pay certain expenses to the traveler in order that the traveler may attend non- local meetings, conferences, seminars, workshops and similar events which serve a public purpose and are considered to he 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 City. All such persons are eligible to travel for the conduct of City business or to attend non-local 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 authorized non-local travel expenses, shall be completed. The report will he filed within thirty (30) working days after completing the authorized travel, but in no event later than October 10 of each year for any report related to authorized travel in the previous fiscal year. For the purposes hereof, "authorized travel" or "authorized non-local travel" is non-local travel which has been approved by the City Commission as part of the annual budget and for which funds are available and non-local travel otherwise approved by the City Commission and for which funds are available. (2) Non-local transportation expenses will be reimbursable as set forth below. All non-local travel must he by a usually traveled route. If a person travels by an indirect route for his/her own convenience, any extra costs shall he 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 upgradeable coach class, when practicable, and a receipt shall be required for all such air travel; provided, however, that the traveler may, at the traveler's expense, upgrade to business or first class in which case the City wilt reimburse for the cost which would have otherwise been incurred for air travel by upgradeable coach class. Notwithstanding the foregoing, the City will reimburse a traveler for business or first class travel if required by the Americans with Disabilities Act. Travel by private car when a City vehicle is not used will be reimbursed at a rate per mile established by the City. When 006.126625 3 -5- travel or local transportation (at non-local functions) is by rental car, all rental car fees and charges are reimbursable when substantiated by receipts. Local travel (at non-local functions) by airport limousine is reimbursable when substantiated by receipts. Taxicabs and parking fees arc reimbursable and receipts for such expenses should he obtained whenever possible. Travelers who arc 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 he on the basis of actual cost of a single occupancy. Double occupancy rate will be reimbursed if no single room is available or 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. All calls which are related to City business shall be reimbursable to the traveler. (5) Gratuities (tips) are recognized as a legitimate part of the cost of travel and a proper charge against the City, when such expenses arc 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, 006.128625.3 -6- should be claimed on an individual basis by completing the necessary travel form and should be signed by the traveler. (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 accompany the request and must be signed by the traveler. All advances shall be accounted for within thirty (30) working days after completion of the authorized travel, but in no event later than October 10 of each year for advances made in the previous fiscal year. (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 Non-Local Travel Policy is subject to the availability of budgeted funds for such purpose. (15) The travel policy set forth above does not apply to local expenses as described in Section 1 of this Resolution. (16) If the traveler has been issued a City credit card, then any such card shall only be used for expenses which arc reimbursable under this Non-Local Travel Policy. If the City pays the expenses charged to any such credit card, then the traveler shall not he reimbursed for such charges, but will complete a Travel Expense Report as stated above. -7 006.128625.3