HomeMy WebLinkAboutRES NO 054-06
RESOLUTION NO.
054-06
RESOLUTION ESTABLISHING A WRITTEN POLICY
FOR REIMBURSEMENT OF CERTAIN EXPENDITURES
FOR CITY COUNCILMEMBERS AND
COMMISSIONERS AND THE REQUIREMENT OF
ETHICS TRAINING.
WHEREAS, Assembly Bill 1234 (Salinas) imposes new restrictions on compensation
and reimbursement of expenses for members of local legislatiye bodies and creates a new
ethics training requirement for local public officials; and
WHEREAS, Government Code sections 54950 et sq., also known as the Ralph M.
Brown Act, defines "members of a legislatiye body" to include the members of any
Commissions or adYisory bodies created by the Council; and
WHEREAS, the City of Bakersfield has several standing Commissions, including, the
Bakersfield Planning Commission, the Bakersfield Fire Civil Service Commission, the
Bakersfield Police Civil Service Commission, the Bakersfield Miscellaneous Civil Service
Commission and the Bakersfield Redevelopment Agency; and
WHEREAS, Assembly Bill 1234 requires cities and other public agencies to adopt a
written policy, in a public meeting, that lists the types of occurrences that qualify members of
a legislative body to receiye reimbursements for expenses relating to travel, meals, lodging,
and other expenses; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
SECTION 1
FINDINGS AND DETERMINATIONS
The City Council hereby finds and determines that the above recitals are true and
correct and serve as the basis, in part, for the findings and actions of the City set forth
below.
SECTION 2
DIRECTION
The City Council hereby adopts the following Reimbursement and Ethics Training
Policy for members of the City Council and all City Commissions:
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A. REIMBURSEMENT. The City may reimburse members of City legislatiye
bodies for actual and necessary expenses incurred in the performance of official duties. This
includes expenses associated with conferences, education, and other training exercises
directly related to a member's respective office. The reimbursement of expenses is imited in
the following manner:
1. LODGING, Lodging costs in conjunction with a conference or other
official activity may not exceed the maximum group rate published by the conference or
activity sponsor, if lodging at the group rate is available at the time of booking. If not, the
member shall be reimbursed for lodging at comparable rates, or rates established by the
Internal Reyenue Service.
2. MEALS. Meals may be reimbursed at standard rates established
by the Internal Revenue Service.
3. TRAVEL. Members shall use government or group rates for travel,
when available. If not available, members may be reimbursed according to the standard
rates established by the Internal Revenue Service.
4. INCIDENTAL EXPENSES. Incidental expenses, including but not
limited to tips and business telephone calls may be reimbursed at the rates established in
Internal Reyenue Service Publication 463 and as amended from time to time. Any additional
expenses that fall outside the scope of this policy may be reimbursed only if approyed by
the City Council, at a public meeting, before the expenses are incurred,
B. EXPENSE REPORTS. The City shall require the submission of expense
reports, on City forms, and receipts from members of City legislative bodies who request
reimbursement for their expenses. Such reports are public records subject to disclosure. In
addition, legislatiye members must proYide brief reports on any outside meetings attended
at the expense of the City at the next regular meeting of the legislative body,
Reimbursement is conditioned on the submission of this report to the respectiYe legislatiye
body.
C. ETHICS TRAINING. City Councilmembers and all members of City
legislative bodies shall receive at least two hours of ethics training in general ethics
principles and ethics laws relevant to his or her public service every two years, New
members must receive this training within their first year of service on a legislative body, An
individual who serves on multiple legislative bodies need only receive two hours of ethics
training every two years to satisfy this requirement for all applicable public service positions.
The City will be required to keep ethics training records for at least five years to document
and prove that these continuing education requirements haye been satisfied. The City may
deyelop its own ethics training course or use an outside proYider. If the City deyelops its
own ethics training, the City must consult with the Fair Political Practices Commission and
the State Attorney General.
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ORIGINAl
SECTION 3
EFFECTIVE DATE
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on F'EB2 2 2006
by the following yote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
~a«l
CITY CLERK and Ex ICIO
Council of the City of Bakersfi
APPROVED
FEB 22 2006
APPROVED as to form:
VIRGINIA GENNARO
City Atto~::Î
,
By:
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