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HomeMy WebLinkAboutMINUTES - 03212006 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS • FROM: Rudy Tamayo._f !.Executive Director DATE: March 21, 2006 SUBJECT: POLICY REGARDING EXPENSE REIMBURSEMENT FOR THE HOUSING AUTHORITY BOARD OF COMMISSIOi ERS AND ADVISORY HOUSING COMMISSION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT policy regarding expense reimbursement of members of legislative bodies,'including members of the Board of Commissioners and the Housing Authority Advisory Housing Commission in accordance with Assembly Bill 1234, (Salinas) Chapter 700 of 2005. II. FINANCIAL IMPACT: Cost for compliance has not yet been determined. There is.no cost to the County and any cost incurred will be funded by revenue from the U. S. Department of Housing and Urban Development. 111. REASONS FOR RECOMMENDATION/BACKGROUND: The Housing Authority of the County of Contra Costa was informed by County Counsel that new requirements became effective January 1, 2006 for its Board and the Advisory Housing Commission members regarding compensation, expense reimbursement and ethics training. AB 1234 (Salinas), Chapter 700 of 2005, enacts Government Code sections 53232-53235.2 and requires the Housing Authority, in a public meeting, to adopt a written policy on reimbursement of expenses for members of governing boards and commissioners. The policy shall contain the following required elements: • Ensure that officials are only reimbursed for expenses as permitted by the policy, and that officials file expense reports supported by receipts and make brief reports on the activities for which they incurred expenses, i.e. Conference Attendance. • Ensure that all current board me T bers, elected officials, and commissioners who receive compensation and/or are reimbursed for expenses attend ethics training on specified topics by January 1, 2007 and arrange for subsequent ethics training every two years thereafter. • Annually, provide notice to officials of opportunities for ethics training and maintain records of training attendance. CONTINUED ON ATTACI-IMENT: YES SIGNATUR4RuTlayoacting Executive Dir c r RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON I Zl I oo APPROVED AS RECOMMENDED (/ 0 ER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT"PHIS IS A 4NANIMOUS (ABSENT ) "TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED v JOHN C LLEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY\[ DEPUTY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Reimbursement Policy AHC-BOS.doc • If board members and commissioners who are paid on a per meeting basis are to receive compensation for something other than attendance at a board or committee meeting or a conference or organized educational activity, adopt a written policy specifying the other types of official duties for which compensation may be paid. The AB 1234, Chapter 700 is applicable to the Housing Authority Board of Commissioners and the Advisory Housing Commission members since they are compensated through a fixed stipend on a per meeting basis. The attached policy contains the foregoing elements and further clarifies those categories of reimbursement at it relates to lodging, transportation, meals and incidental expenses incurred while attending meetings, including subcommittee meetings, conferences, training and organized activities related to Housing Authority work. Furthermore, the attached Housing Authority Policy closely tracks the County's policy; that on a monthly basis Commissioner's must report on each meeting attended for which they have received either expense reimbursement or a meeting stipend, other than regularly scheduled monthly meetings; and the Commissioners can report at the next regularly scheduled monthly meeting in the same format as such reports are made for the County. IV. CONSEQUENCES OF NEGATIVE ACTION: The Housing Authority would not be in compliance with AB 1234. HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA EXPENSE REIMBURSEMENT POLICY FOR BOARD OF COMMISSIONERS AND ADVISORY HOUSING COMMISSION MEMBERS I. PURPOSE To establish a written policy on reimbursement of expenses for the Housing Authority of the County of Contra Costa (HACCC) Board of Commissioners and Advisory Housing Commission members pursuant to AB 1234, Chapter 700, Statutes of 2005, Government Code sections 53232-53235.2 which regulate reimbursement and compensation for certain advisory body members, specifically HACCC Board of Commissioners and Advisory Housing Commission members. Such policy is intended to increase the public's knowledge of the amounts entities spend to reimburse and compensate agency officials. II. POLICY Reimbursable expenses include actual and necessary expenses incurred in the performance of official duties as a Board of Commissioners member or Advisory Housing Commission member. III. REQUIREMENTS Reimbursable expenses must meet the following guidelines: A. Eligibility 1.. Board of Commissioners (Commissioners); and, 2. Members of the Housing Authority Advisory Housing Commission (AHC member). B. Expense Reimbursement 1. Commissioners and AHC members are entitled to claim reimbursement for actual, reasonable and necessary expenses arising from the discharge of their official duties, subject to limitations established by law and policy. 2. For Commissioners and AHC members, discharge of official duties includes attendance at meetings and events, such as NAHRO regional and national conferences, educational activities, state, regional, countywide and county-regional bodies, public agencies, committees, ad hoc committee and other meetings involving community representatives and/or the public; meetings with public officials, elected officials and/or their representatives; ceremonial events; meetings with Commissioners and AHC members, business representatives and business organizations in connection with official duties. Page 1 of 6 Presented to the Board March 14, 2006 HACCC Reimbursement Policy For Board of Commissioners and Advisory Housing Commission Members C. Authority 1. The Executive Director or his designee is responsible for authorizing reimbursement of expenses in accordance with provisions of this bulletin and other HACCC policies. 2. The Board of Commissioners may approve reimbursement of expenses for Commissioners and AHC members beyond those provided for in this Policy, provided that such approval is granted prior to incurrence of the expense. D. Reimbursable Mileage, Meals and Miscellaneous Other Expenses Commissioners and AHC members are eligible to claim reimbursement for actual expenses for the following items: 1. Mileage for the Use of Private Automobiles a. Use of private automobiles may be reimbursed for mileage between an individual's normal work location and other designated work locations, (which may be the site of a meeting). b. The reimbursement rate is set by the HACCC, adjusted periodically to conform with IRS approved rates. 2. Meals a. Actual expenses, including tax and gratuity, for individual meals will be reimbursed. However, such reimbursement shall not exceed the following individual maximums: • Breakfast $10.00 • Lunch $1.5.00 • Dinner $25.00 When away from the normal work area for an entire day, Commissioners and AHC members eligible for meal reimbursement may claim reimbursement for the actual cost of each individual meal, notwithstanding the maximum per meal amounts specified above. However the total amount claimed for the day shall not exceed $50.00. Page 2 of 6 Presented to the Board March 14, 2006 HACCC Reimbursement Policy For Board of Commissioners and Advisory Housing Commission Members b. The purchase of meals may be authorized when the Commissioner or AHC member is required: (1) To attend a meeting concerning HACCC business or affairs because of the official position of the individual; (2) To attend consecutive or continuing morning and afternoon or afternoon and night sessions of a board or commission; (3) Ti act as host for official guests of the HACCC, such as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions; (4) To attend departmental training events (training workshops, seminars, and retreats). The HACCC may, at its discretion, either provide meals to the attendees or authorize Commissioners and AHC members to purchase their own meals and claim reimbursement in accordance with provisions of this policy; (5) The cost of banquets and meals associated with conferences may be reimbursed at rates higher than those authorized in D.2 above, when attendance at the meal is an essential part of the professional, training, or technical content of the event. 3. Other Travel Expenses a. Bridge tolls, parking; b. Telephone and facsimile charges required in connection with HACCC business; c. BART fares or bus fares; d. Tips, porterage, parking, and checking fees in accordance with local custom. Page 3 of 6 Presented to the Board March 14, 2006 HACCC Reimbursement Policy For Board of Commissioners and Advisory Housing Commission Members E. Reimbursable Expenses While on Authorized Travel Authorized travel consists of overnight trips and air travel, and is subject to advance approval by the department head or HACCC administrator. In addition to the items listed above, the following are reimbursable: 1. Air (or common carrier) fare for trips involving an appreciable distance; 2. Mileage for personal auto used in lieu of travel by commercial airline, if authorized in advance as specified; 3. Rental cars, airport limousine service, etc., as authorized; 4. Hotel rooms are reimbursed at the government rate (if any) or group rate offered for the conference or educational activity being attended, whichever is less plus applicable taxes and fees. If a group rate or government rate is not available, then the reimbursement rate shall be the best rate available at the time the reservation is made at the hotel, or comparable hotel (comparable being determined by the AAA rating or other generally accepted rating of hotel quality); 5. Notwithstanding the above, the HACCC members and/or Commissioners m tust use group rates or government rates when available at the iime.the reservation is made. F. Non-reimbursable i Expenses Commissioners and AHC members are not eligible to claim reimbursement for the following items: 1. Purchase of alcoholic beverages; 2. Meals eaten at h me, or eaten at work facilities at 24-hour HACCC locations; 3. Personal telephone calls; 4. Constructive expenses, which are those which might properly have been incurred but were not, for example: a. If two Commissioners and AHC members traveled together to a meeting in one car, and each claimed full transportation costs, then one would be making a "constructive" claim; Page 4 of 6 Presented to the Board March 14, 2006 I HACCC Reimbursement Policy For Board of Commissioners and Advisory Housing Commission Members b. If a Commissioner or AHC member on a trip stayed with friends or relatives, it would be "constructive" to claim lodging expense; 5. Expenses which are excessive or unreasonable. IV. PROCEDURE FOR CLAIMING EXPENSE REIMBURSEMENT Reimbursement for expenses incurred on behalf of the HACCC shall be claimed on an "Expense Request Voucher Form", which is available in the "S drive" on all HACCC computers, or which may be obtained from the Fiscal Department. Commissioners and AHC members should make a record of reimbursable expenditures as they occur, so that fully documented claims may be submitted. The following procedures apply with respect to expense claims: A. Commissioners and AHC members are expected to submit expense claims during the month following the month in which the expenses were incurred; (except that Commissioners and AHC members must submit expense claims no later than the last day of the month during which the expense is incurred, for events that span the end of, and beginning of, two months, then the expense reimbursement claim should be split into two claims, one for each month); B. Each claim must clearly indicate the date, nature of the expense, and the amount for which reimbursement is being claimed; C. Claims must be for "actual and necessary" expenses and not for "constructive" expenses, nor for "per diem" reimbursement; D. If claim is made for reimbursement of authorized travel, the original Travel Request showing prior authorization must be attached; E. Documentation, receipts or proof of payment must be submitted with the claim to substantiate expenditures for public carrier fares, rental cars, lodging (indicating the single rate), banquets or meals whether or not associated with conferences; for registration fees; and for any unusual items or items not specifically related to travel; F. The Director of Finance or his designee shall review all claims for reimbursement, and skall question amounts which seem excessive, unreasonable, personal in nature, undocumented, or otherwise not authorized by this policy; G. Commissioners and AHC members must submit receipts for each item of expense, regardless of the amount. Page 5 of 6 Presented to the Board March 14,2006 HACCC Reimbursement Policy For Board of Commissioners and Advisory Housing Commission Members V. REPORTING BY COMMISSIONERS Commissioners and AHC members are required to report on meetings attended for which there has been an expense reimbursement or stipend received. The report should be made at the first meeting of each month of the legislative body, or the first meeting thereafter. This report mast include the date, name of the meeting, the location and purpose. VI. ETHICS TRAINING: HACCC must provide at least two hours of ethics training every two years for Advisory Housing Commissioners who are paid per meeting or receive reimbursement for expenses incurred in the performance of official duties. They must also annually provide notice of opportunities for ethics training and maintain records of training attendance. The ethics training must address laws prohibiting bribery and conflict of interest; laws relating to gifts, travel, and mass mailing restrictions; laws prohibiting gifts of public funds; receipt of discount transportation from transportation companies; bias; due process; incompatible offices; laws requiring financial disclosure; and competitive contract bidding. VII. EFFECTIVE DATE: The effective date of this policy is January 1, 2006. Page 6 of 6 Presented to the Board March 14, 2006