REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Review and Approval of Amendments to Council Policy 043 ("Official Travel by Elected Officials")
Report
BACKGROUND
As part of the Governance and Ethics Committee workplan, existing Council Policy 043 ("Official Travel by Elected Officials") (Attachment 1) was identified for review and revision. The purpose of this policy is to establish guidelines for official travel by City Councilmembers in connection with their roles and responsibilities. The policy outlines reimbursable expenses for official travel and ensures compliance with fiscal responsibility standards.
In addition to updating this policy, City staff is updating the City Manager Directive (CMD) Purchase Card (P-Card) policy that will include audit review procedures. These measures will assigned credit cards to be issued to Councilmembers for official travel related expenses. Once the policy has been updated, staff will implement the policy and provide training to the City Council on proper use.
DISCUSSION
This item presents for Governance and Ethics Committee consideration proposed amendments to the existing Council Policy 043 (“Official Travel by Elected Officials”).
The proposed amendments to Council Policy 043 (Attachment 2) include clarifications, cleanup language, and corrections. Proposed key changes include:
1. Title: The title of the Council policy is proposed to be revised from “Official Travel by Elected Officials” to ("Official Travel by the City Council"). This proposed amendment is to clarify that the Council policy applies to the Mayor and City Councilmembers, not to the elected Police Chief or City Clerk. The policies that govern their travel are contained in City Manager Directive (CMD) 28 Travel Policy (Attachment 3).
2. Criteria for Official Travel: In this section, proposed revisions were made as follows:
a. “Official travel” that qualifies for reimbursement retains the requirements that travel shall relate to a Councilmembers “official duties,” “professional development,” or “representation” of the City at regional, state or national organizations the promote or advance the interests of the City.
b. Where there is the potential for “multiple attendees,” the current policy states: “If multiple members meet the criteria to attend, the representative may attend based on seniority.” The proposed amendment states: “When several Councilmembers request attendance at the same event, priority will be based on committee or legislative assignment; submission date of request; budget availability; and, depending upon the nature of the event, consideration of Brown Act limitations. If multiple members of the City Council elect to attend the same event for travel, Councilmember(s) may attend based on available department budget or based on a committee assignment or legislative priorities of interest.” This proposed amendment provides a process for staff to confirm if quorum is met for City Council meetings during the travel period if multiple members of the Council plan to travel.
3. Types of Travel: The current policy has a section defining criteria for official travel for local, in-state, out of state and international travel. The following amendments are proposed to outline and further clarify the criteria:
a. “Local travel” is now specifically defined as less than 50 miles for single-day events, must meet the “official travel” criteria described above.
b. “In-State Travel” now defined as travel exceeding 50 miles, must also meet the official travel criteria which may include: League of California Cities Annual Conference, League of California Cities New Members Academy.
c. “Out-of-state travel” includes events such as the United States Conference of Mayors and National League of Cities conferences and meetings.
d. Added language makes it clear that “International travel” is allowed for all City Councilmembers. International travel may be initiated by invitation or commemoration of anniversaries with the City of Santa Clara's Sister Cities or Friendship Cities.
4. Procedures for Travel: This proposed section further defines the procedure for City Councilmembers to request travel.
a. Prior to travel, Councilmembers should submit a written request to City staff stating the purpose and benefit to the City with reference to the “official travel” criteria.
b. City staff will verify available funds and prepare the pre-authorization form.
c. The City Manager or designee approves the pre-authorization form.
5. Reimbursable Expenses: The proposed amendments includes the addition of this new section which defines in detail authorized expenses which may be reimbursed or covered by the City.
a. Lodging: Lodging is covered for approved travel, including the night before and the night after an event. Receipts are required, and reimbursement is limited to actual costs. If no specific lodging site is designated for official City business, the City will reimburse the actual cost of lodging at an alternative location.
b. Meals: The City will pay for Councilmember’s meals during authorized travel, including tax and tips and incidentals, up to the per diem amount
established by the GSA for the destination location (available at
http://www.gsa.gov/perdiem) for a full day of travel. Itemized receipts showing the expense amount are required for Councilmembers to receive reimbursement. Reimbursements are capped at the GSA amounts detailed below.
On the first and last travel day, meals are reimbursed at 75 percent (75%) of the per diem rate. The Meals & Incidental Expenses will be used to generate the per diem rate for meals. Any meals provided as part of the conference, event, or hotel, must be deducted from the reimbursement as listed on http://www.gsa.gov/mie .
Alcohol, guest meals, and hotel incidentals (e.g. in-room services) are not eligible for reimbursement.
c. Transportation
• Use of City /Private Vehicles: City vehicles are available for in-state or local travel. Councilmembers shall be compensated for the use of their private vehicles for approved business travel at the current GSA standard mileage rate, provided that it is the most logical and least expensive method of transportation.
To drive a vehicle on City business, Councilmembers must possess a valid California driver’s license. A driver of a privately owned vehicle must carry liability insurance coverage, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
• Bridge Tolls/Parking: Bridge tolls and parking fees incurred while traveling on City business are reimbursable with receipts. Councilmembers shall obtain itemized receipts and submit them with their Travel Expense Reports.
• Train /Other Mass Transit: Councilmembers shall be compensated for train or other mass transit fares and fees provided that it is the most logical and least expensive method of travel.
• Ground Transportation: Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses, local shuttle services or public transportation, if available and logical. Taxi or rideshare may also be used.
• Rental Vehicles: Rental vehicles shall only be used when no practical alternative exists; in such cases, Councilmembers must select economy class vehicles, and optional insurance is not reimbursable.
d. Airfare: Airfare must be booked at the lowest reasonable fare that provides the most direct route. Air travel options shall not be limited to a specific airline. Refundable tickets are permitted if there is a risk of cancellation. One checked bag is reimbursable. Any unused credits from official travel must either be applied to future City travel or reimbursed to the City.
6. Expense Report: The proposed amendment changes the date for processing from within 15 days to within 30 business days to allow City Councilmembers to gather and submit itemized receipts to staff for processing.
7. Rewards and Promotional Benefits: The proposed amendment adds the following language to the policy: “Councilmembers may earn frequent flyer miles or other travel rewards (such as airline, hotel, or vendor loyalty points) while on official City travel. However, if personal frequent flyer miles or other reward points are used to purchase tickets or services for City business, the value of those tickets or services is not reimbursable.”
8. Reports by City Councilmembers: The proposed amendment continues to include the process for the City Councilmember file a written or oral report to the City Council within fifteen (15) business days or at the next City Council meeting. Other previously required reporting items were removed and replaced with the option for any course materials received could be shared in a digital format with the full City Council.
If the Committee approves the proposed amendments, staff will prepare the revised policy and present it to the full City Council for consideration and approval. If additional revisions are approved by the Committee, staff will also include those in the recommendation.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with the approval of the recommendation.
COORDINATION
This report was coordinated by the City Manager’s Office, City Auditor’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve the proposed amendments to Council Policy 043 ("Official Travel by Elected Officials") to be retitled Council Policy 043 ("Official Travel by the City Council") and present the proposed changes, to the full City Council for consideration and approval.
Staff
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Current Council Policy 043 ("Official Travel by Elected Officials")
2. Proposed Council Policy 043 ("Official Travel by City Councilmembers")
3. City Manager Directive (CMD) 28 Travel Policy