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HomeMy WebLinkAbout2008-OR-10,, ~~- ~-~ Ordinance No. 2008-OR-~_ An Ordinance Regulating Travel And Travel Expenses For City Employees, Elected Officials And Non-Returning Elected Officials And Non-Returning Department Heads Whereas, the Jeffersonville City Council is vested with the statutory duty of oversight of the city's finances; Whereas, traveling to and from conferences, seminars and other necessary events is an important component of government and governmental development; Whereas, although an important component of government it is necessary to insure that the city's elected officials and employees only travel and spend funds when it is necessary and that the travel and attendance at conferences, seminars and other events is not undertaken lightly; Whereas, the council budgets funds for travel, education and attendance at seminars, conferences and other necessary events and it is the expectation of the council that the various departments and elected officials will conscientiously over-see travel; Whereas, in an effort to provide guidance, continuity and to insure that the taxpayers and citizens of Jeffersonville are best served by its government, the council would adopt the following ordinance regulating travel and spending by employees and elected officials: Definitions "Non-Returning Elected Official": For the purpose of this ordinance a "Non-Returning Elected Official" shall mean the Mayor, Clerk-Treasurer, City Judge or member of the City Council that has either lost their bid for re-election in the May Primary or the November General Election. Moreover, it shall also mean the Mayor, Clerk-Treasurer, City Judge or Council Member that has chosen not to run for re-election. This shall not include an individual who has run for another elected office in City government and has been successful in gaining election to said "other" office. "Non-Returning Department Head": For the purpose of this ordinance a "Non-Returning Department Head" is any individual that is the head of a Department of City government, as defined by statute, and that was appointed by a "Non-Returning Elected Official" as defined herein. I. TRAVEL POLICY A. In the interpretation and application of this ordinance, the term "traveler" or "authorized traveler" means any elected or appointed municipal officer or employee, including members of municipal boards and committees appointed by the mayor or the municipal governing body, and the employees of such boards and committees who are traveling on official municipal business and whose travel was authorized in accordance with this ordinance. "Authorized traveler" shall not include the spouse, children, other relatives, friends, or companions accompanying the authorized traveler on city business, unless the person(s) otherwise qualifies as an authorized traveler under this ordinance. B. Authorized travelers are entitled to reimbursement of certain expenditures incurred while traveling on official business for the city. Reimbursable expenses shall include expenses for transportation; lodging; meals; registration fees for conferences, conventions and seminars; and other actual and necessary expenses related to official business as determined by the City Council and/or this ordinance as defined. Under certain conditions, entertainment expenses may be eligible for reimbursement. C. Authorized travelers can directly bill the city for registration fees, air fares, meals, lodging, conferences and similar expenses. D. Travel advances are available only for special travel and only after completion and approval of the travel authorization form. E. The travel expense reimbursement form as approved by the Indiana State Board of Accounts will be used to document all expense claims. To qualify for reimbursement, travel expenses must be: Directly related to the conduct of the city business for which travel was authorized; and Actual, reasonable and necessary under the circumstances. The City Council may make exceptions for unusual circumstances. Expenses considered excessive by the City Council will not be allowed regardless of whether or not the claim is submitted to the council on an approved form and the expenditure is requested from the correct budget line item. G. Claims of $5 or more for travel expense reimbursement must be supported by the original paid receipt for lodging, vehicle rental, phone call, public carrier travel, conference fee and other reimbursable costs. H. Any person attempting to defraud the city or misuse city travel funds is subject to legal action for recovery of fraudulent travel claims. Mileage and motel expenses incurred within fifty miles (50) of the city are not ordinarily considered eligible expenses for reimbursement. II. Elistibility For Travel and Attendance: The City shall only pay travel, room and meal expenses for the necessary travel for full-time employees and elected officials of the City of Jeffersonville who are attending a conference, seminar or event which is determined to be necessary and essential to that employee or elected officials service to the citizens and taxpayers of Jeffersonville. 2. The City shall not pay travel, room and meal expenses for any individual that is not a full-time employee of the City of Jeffersonville. 3. A full-time employee shall be defined as an individual that works 32.5 hours per week for the City of Jeffersonville. III. Eligible Conferences, Seminars or Necessary Events: An eligible event shall be any conference or seminar that is sponsored by the Indiana Association of Cities and Towns (TACT), the Indiana Municipal Lawyers Association (IMLA), the Indiana State Board of Accounts and/or any other state sponsored organization that offers conferences and/or seminars or events that specialize in providing information for the benefit of elected officials and/or employees of local city government. 2. The National League of Cities (NLC) and International League of Municipal Clerks and Treasurers (ILMCT) events shall be deemed and considered necessary conferences or seminars so long as the "Non-Returning Elected Official" provisions of this ordinance and the per diem expense regulations shall apply. 3. Any elected official, department head or other employee shall be permitted to petition the council and request approval to attend an event, seminar or conference that is not specifically included in this ordinance. Said petition shall be submitted to the City Council not less than thirty (30) days in advance of said event. The petition shall contain the name of the event and shall set forth specifically the cost of attendance, the number of days, the estimated travel cost and any and all other costs associated therewith. Further, the petition shall specifically set out why the elected official, department head or employee believes that attendance will benefit the city and its citizens. However, if the elected official, department head or other employee is unable to submit said request thirty (30) days prior he or she shall contact the individual members of the council and request oral approval of a majority of the council members. 4. Legislative conferences that are sponsored by the Indiana State Legislature shall be considered necessary conferences and events. However, only elected officials will be permitted to unilaterally decide to attend a session of the Indiana Legislature for the purpose of lobbying, information gathering or any other purpose. IV. TRAVEL REIMBURSEMENT RATE SCHEDULES Authorized travelers shall be reimbursed as follows: A. Lodging: The amount allocated for lodging shall not ordinarily exceed the maximum per diem rates authorized by the federal Government Services Administration provides guidelines for determining the maximum that can be reimbursed for lodging. These amounts are available on line at htto:l/www.gsa.aov .The rates are the maximum reimbursable rates for hotel rooms plus appropriate taxes. B. Original lodging receipts must be submitted with the reimbursement form. Photocopies are not acceptable. C. If a traveler exceeds the maximum lodging per diem, excess costs are the responsibility of the traveler. D. If the best rate is secured, and it still exceeds the maximum lodging per diem, the city council may authorize a higher reimbursement amount by voting to pay said excess claim. Even if it costs more, travelers may be allowed to stay at the officially designated hotel of the meeting; however, more moderately priced accommodations must be requested whenever possible. It will be the traveler's responsibility to provide s documentation of the "officially designated meeting site" room rates, if these rates are higher than the normal reimbursable amounts. E. If lwo or more city employees travel together and share a room, the lodging reimbursement rate will be the maximum of lwo single rooms. If an employee shares a room with anon-employee, the actual cost will be allowed up to the maximum reimbursable amount. The receipt for the entire amount must be submitted with the expense form B. Meals and Incidentals: RECEIPTS ARE REQUIRED FOR MEALS AND INCIDENTALS. The authorized traveler may be reimbursed the daily amount based on the rate schedule and the authorized length of stay. The per diem meal amounts are expected to cover meals and tips and incidental expenses. The authorized traveler will not be reimbursed more than this. Whether meals may be claimed depends on when the traveler leaves and returns to the official station. The traveler's official station is home or Jeffersonville City Hall, whichever produces the least cost to the city. to The excess cost of an official banquet may be allowed provided proper documentation or explanation is submitted with the expense reimbursement form. If a meal is included as part of a conference or seminar registration, or is included with the air fare, then the allowance for that meal should be subtracted from the total allowance for the day. For example, if a dinner is included as part of the conference fee, the maximum meal allowance for the day should be reduced by the allowed dinner amount. Meals: Breakfast: Lunch: Dinner: Ten Dollars ($10J; Fifteen Dollars ($15J; and Twenty Five Dollars ($25J The municipality may pay directly to the provider for expenses such as meals, lodging and registration fees for conferences, conventions, seminars and other education programs. The city shall consider payments of additional amounts if the "authorized traveler" presents evidence that the federal governments authorized expenses for said travel are greater than those authorized above. The federal governments permitted expenses shall be found at www.gsa.oov . V. ADMINISTRATIVE PROCEDURES TRAVEL REQUESTS t1 To ensure reimbursement for official travel, an approved travel authorization form is required. Lack ofpre-approval does not prohibit reimbursement, but pre-approval does assure reimbursement within the limits of the city travel policy. All costs associated with the travel should be reasonably estimated and shown on the travel authorization form. A copy of the conference program, if applicable, should be attached to the form. If the program is not available prior to the travel, submit it with the reimbursement form. VI. TRAVEL DOCUMENTATION It is the responsibility of the authorized traveler to: 1. Prepare and accurately describe the travel; 2. Certify the accuracy of the reimbursement request; 3. Note on the reimbursement form all direct payments and travel advances made by the city; and 4. File the reimbursement form with the necessary supporting documents and original receipts. 12 The reimbursement form should be filed with the office of the Clerk-Treasurer or finance department within 10 days of return or at the end of the month, whichever is more practical. VII. Acceptable Transportation: All potential costs should be considered when selecting the modes of transportation. For example, airline travel may be cheaper than automobile when time away from work and increased meal and lodging costs are considered. When time is important, or when the trip is so long that other modes of transportation are not cost-beneficial, air travel is encouraged. If the traveler goes outside the state by means other than air, the reimbursement will be limited to air fare at tourist or economy class, ordinary expenses during the meeting dates, and one day's meals and motel before and after the meeting. The traveler will be required to take annual leave for any additional time taken beyond the day before and the day after the meeting dates. Exceptions: When the traveler extends the trip with personal time to take advantage of discount fares, the reimbursement will be limited to the lesser of the: 1. Actual expenses incurred; or 13 2. Amount that would have been incurred for the business portion only. The calculations for the business portion of the trip must be made using the least expensive rates available. All expenses and savings associated with extending the trip must be submitted with the expense reimbursement form. A. Air: When possible, the traveler should make full use of discounts for advance airline reservations and advance registration. The traveler should request conference, government, or weekend rates, whichever is cheaper, when making lodging or rental car reservations. The city will pay for tourist or economy class air travel. The traveler should get the cheapest reasonable fare and take advantage of discount fares. Airline travel can be paid by direct billing to the city. Mileage credits for frequent flyer programs accrue to the individual traveler. However, the city will not reimburse for additional expenses such as circuitous routing, eMended stays, layovers to schedule a particular carrier, upgrading from economy to first class for travelers to accumulate additional mileage or for other personal reasons. B. Rail or Bus: The city will pay for actual cost of ticket to C. Vehicles: Automobile transportation may be used when a common carrier cannot be scheduled, when it is more economical, when a common carrier is not practical, or when expenses can be reduced by two or more city employees traveling together. • Personal Vehicle. Employees should use city vehicles when possible. Use of a private vehicle must be approved in advance by the mayor, clerk-treasurer or city council. The city will pay a mileage rate not to exceed the rate allowed by the federal or state schedule, whichever the city adopts. The miles for reimbursement shall be paid from origin to destination and back by the most direct route. Necessary vicinity travel related to official city business will be reimbursed. However, mileage in excess of the mileage as determined by www.mapguest.com must be documented as necessary and business-related. If an indirect route is taken, the www.maoguest.com will be used to determine the mileage to be reimbursed. If a privately owned automobile is used by two or more travelers on the same trip, only the traveler who owns or has custody of the automobile will be reimbursed for mileage. It is the responsibility of the traveler to provide adequate insurance to hold harmless the city for any liability from the use of the private vehicle. In no event will mileage reimbursement, plus vicinity travel and 15 associated automobile costs, exceed the lowest reasonable available air fare and associated air fare travel costs. Travelers will not be reimbursed for automotive repair or breakdowns when using their personal vehicle. City Vehicle. The city may require the employee to drive a city vehicle. If a city vehicle is provided, the traveler is responsible for seeing that the vehicle is used properly and only for acceptable business. The employee will be reimbursed for expenses directly related to the actual and normal use of the city vehicle when proper documentation is provided. Out-of-town repair cost to the city vehicle in excess of $100 must be cleared with the proper city official before the repair is authorized. Rental Cars. Use of a rental car is not permitted unless it's less expensive or otherwise more practical than public transportation. Approval of car rental is generally required in advance from the mayor, clerk-treasurer or city council. Always request the government or weekend rate, whichever is cheaper. Anyone who uses a rental car for out-of-state travel must obtain liability coverage from the vendor. Fines for traffic or is ~~ parking violations will not be reimbursed by the city. Reasonable tolls will be allowed when the most direct travel route requires them. D. Taxi, Limousine and Other Transportation Fares: When an individual travels by common carrier, reasonable fares will be allowed for necessary ground transportation. Bus or limousine service to and from airports should be used when available and practical. The city will reimburse mileage for travel to and from the local airport and parking fees, provided such costs do not exceed normal taxi/limousine fares to and from the airport. Receipts are required. For travel between lodging quarters and meetings, conferences, or meals, reasonable taxi fares will be allowed. Original receipts are required for claims of $5 or more. Transportation to and from shopping, entertainment, or other personal trips is the choice of the traveler and not reimbursable. Reimbursement claims for taxis, limousines, or other ground transportation must be listed separately on the expense form, claiming the destination and amount of each fare. 17 VIII. Miscellaneous Expenses: A. Registration fees for approved conferences, conventions, seminars, meetings and other educational programs will be allowed and will generally include the cost of official banquets, meals, lodging and registration fees. Registration fees should be specified on the original travel request form and can include a request for pre-registration fee payment. B. The traveler may be reimbursed for personal phone calls while on official travel, but the amount will be limited to $5 per day. C. A $4 allowance will be reimbursable for hotel/motel check-in and baggage handling expenses. D. Laundry, valet service, tips and gratuities are considered personal expenses and are not reimbursable. 18 E. For travel outside the United States, all expenses claimed must be converted to U.S. dollars. The conversion rate and computation should be shown on each receipt. IX. Entertainment The city may pay for certain entertainment expenses provided that the: A. Entertainment is appropriate in the conduct of city business; B. Entertainment is approved by the city council, mayor orclerk-treasurer; C. Group or individuals involved are identified; and D. Documentation is attached to the expense form to support the entertainment expense claims. To request reimbursement for authorized entertainment expenses, be sure to include with the expense reimbursement form: A. Required receipts. All requests must be supported by original receipts from the vendor (restaurant, caterer, ticket office, is etc.) Reasonable tips and gratuities included in the receipt by the vendor are reimbursable. B. A disclosure and explanation statement, explaining the purpose of the entertainment and identifying the group and the number of people entertained (or individual names listed if not a recognized group). If the Clerk Treasurer is the person filing the claim, then it must be approved by the governing board before the finance officer authorizes payment. X. NON-RETURNING ELECTED OFFICIALS AND DEPARTMENT HEADS PROHIBITION: No elected official shall be permitted to attend any seminar, conference or other out-of-town meetings subsequent to the November General Election if that elected official either lost the Primary, General Election or did not run for re-election. No elected official shall be permitted to attend any seminar, conference or other out of town meetings if that elected official did not run for re-election and will not be serving the 2a city of Jeffersonville in the capacity of an elected official subsequent to the November General Election. No Department Head shall be permitted to attend any seminar or conference in the year subsequent to a Primary election or General election which the Mayor, City Judge orClerk-Treasurer for whom they served either lost the Primary or General election and/or did not run for re-election. However, an exception to this provision shall apply if the newly elected Mayor, Clerk-Treasurer or City Judge submits a written certification stating that said Department Head shall be retained and shall be employed by the newly elected Mayor, Clerk-Treasurer or City Judge. XI. Claims In Excess of Travel Budaet Prohibited• The Mayor, Clerk-Treasurer, City Judge and City Council have a fiduciary duty to the citizens and taxpayers of Jeffersonville to conduct public business within the 21 r ;. parameters of those budgets that are set every year by the fiscal body of the city. Therefore, based upon this fiduciary duty the following shall be adopted: A. The Mayor, Clerk-Treasurer, City Judge and City Council are responsible for having full and complete knowledge of the existing balances of their various budget line items; g. The Mayor, Clerk-Treasurer, City Judge and Ci[y Council shall be prohibited from expending monies in excess of those amounts budgeted for "Travel" during each calendar year. C. If the Mayor, Clerk-Treasurer, City Judge, City Council or any of their employees or appointees submit claims for payment, reimbursement or other financial remuneration for travel and either no funds exist to pay the request and/or the balance is insufficient to pay said request said claim shall be deemed to be "unlawful" and the council shall not be mandated to pay said claim pursuant to those dictates of Indiana Code. z2 ~. ~~. , p, The City Council shall not be required to approve any requests to transfer funds from either within the same "line item' or from other "line items' in the city's budget in order to pay for unauthorized travel expenses. E, It shall be deemed a violation of this ordinance if any elected official "transfers" funds from either the same "line item' or from other "line items" within the city's budget without first requesting the approval of the City Council to engage in this function. F, The purpose of this provision is to insure that government functions occur in a public forum and expenditures such as travel are transparent and fully observable by the taxpayers and public. G. The City Council, as the city's fiscal officer, shall be permitted to transfer funds from any "line item' or other budget items to pay for any travel expenses upon the request of the Mayor, Clerk-Treasurer, City Judge or City Council. 23 ~•;\ Y Severabil If any provision of this Ordinance or application thereof to any person or circumstance is held unlawful or otherwise invalid such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision and to this end each such invalid provision or application of this Ordinance is severable it is hereby declared to be the intent of the Jeffersonville City Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not be included. 2a a~..~ ~0__--0~1-~-_ have been issued had any such unlawful or otherwise invalid provision or application not be includ~ Passed this ~, day of , 2008. h ~~ ~ ayor Thomas Galli an Attest: j lA < Pegd ildeq Clerk-Treasurer Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana on tnhi~~snn//~Q_ day of , 2008. Q Ail .l / V~ Pegg Ider, Clerk-Treasurer This ordinance approved and signed by Thomas Galligan, Mayor of the City of Jeffersonville, Indian on this ~_ d of , 2008. fir'--~ , T omas Galligan, or