HomeMy WebLinkAboutOrdinance 2003-189
ORDINANCE 2003- I BGL
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING
TO REIMBURSEMENT OF BUSINESS EXPENSES;
PROVIDING FOR PURPOSE AND INTENT;
ESTABLISHING GUIDELINES FOR THE
REIMBURSEMENT OF EXPENSES; PROVIDING FOR
PROHIBITED REIMBURSABLE EXPENSES;
PROVIDING FOR VERIFICATION OF TRAVEL
EXPENSES; PROVIDING THE CITY MANAGER WITH
THE AUTHORITY TO ADOPT ADMINISTRATIVE
PROCEDURES TO CARRY OUT THE PURPOSE OF THIS
ORDINANCE; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR PENALTIES FOR FRAUDULENT
CLAIMS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR A REPEALER; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission has the authority to adopt its own rules to regulate the
reimbursement of business expenses incurred in the performance of official duties by City
officials; and
WHEREAS, pursuant to Florida law, the City Commission wishes to adopt a policy to
provide guidelines and procedures for the reimbursement of expenses incurred as a result of
carrying out City business; and
WHEREAS, the City Commission believes that the reimbursement of expenses shall be
based on budgetary constraints and the circumstances wherein the conduct of the City business
warrants the incurrence of an expense.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are incorporated by reference herein and made
part hereof.
Section 2. Puruose and Intent.
This purpose of this Ordinance is to establish guidelines for the reimbursement of travel,
subsistence and related expenses, incurred in the performance of City business. To qualify for
reimbursement, such expenses must be reasonable and prudent under the circumstances and
directly related to the conduct of City business. Unnecessary or excessive expenditures shall not
be approved or reimbursed by the City Manager. This Ordinance pertains to all travel and all
travel related expenses.
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Section 3.
Guidelines for the Reimbursement of Expenses.
Upon proper approval of reimbursement request, the City will reimbursemeBt all travel-related
expenses such as commercial transportation, lodging, meals, tips, registrations, parking fees,
communication charges, and other business-related expenses at actual cost.
(a) Transportation Expenses.
Reimbursement of transportation related expenses will be based upon the least expensive mode
of transportation available, unless a more expensive mode is necessary due to business-related
requirements. In determining the least expensive mode, commercial bus service will be
excluded. Reimbursement for mileage will be according to the maximum rate established under
Florida law if personal vehicles are used for business travel.
(b) Lodging.
Reimbursement of lodging expenses will be based on what is a normal and reasonable cost for
the area. Proximity to the conference, seminar, or meeting will also be taken into account. If an
extra double room is required because a spol:lse family member or personal guest has
accompanied an elected or appointed official or employee, the City will reimburse only the cost
of a single room. The City will reimburse any business-related communications costs
(telephone, fax, modem, etc.). The City will not reimburse the cost of any in-room movie or
personal communications costs.
( c) Meals.
Employees of the City shall be reimbursed meals at actual cost. Total meal cost includes food,
non-alcoholic beverages, taxes, and tips. Reimbursement of tips will be limited to 20% of the
total meal cost. The City will not reimburse the cost of any alcoholic beverages.
Reimbursement of meal expenses will be based on what is reasonable cost for the area. The City
will not reimburse meal costs to the extent they are lavish or extravagant.
(d) Advance for Anticipated Travel Expenses.
Employees of the City are eligible to receive advance payment up to the total amount of travel-
related expenses estimated prior to business travel. To receive a travel advance, elected officials
and employees must submit the request to the City Manager within a reasonable time prior to the
anticipated travel day.
(e) Procedures for the Reimbursement of Expenses.
After travel has been completed and reimbursable travel-related expenses have incurred,
employees of the City must complete a travel reimbursement form prepared by the City Manager
or and/or her designee to receive reimbursement. Travel reimbursement form along with receipts
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must be submitted to the City Manager and/or her designee within three (3) weeks of returning
from travel.
Upon receipt of a completed travel reimbursement form, the City Manager and/or her designee
will perform a review to determine compliance with the City's travel reimbursement policies.
Any non-compliance, missing information, etc. will delay the reimbursement of expenses.
Section 4.
Prohibited Reimbursable Expenses.
Reimbursement for the purchase of personal items, including barber and beauty parlor fees,
medical expenses, etc. and expenses associated with recreation, gifts and alcoholic beverages are
specifically prohibited. Expenses for spouses, guests or family members are not reimbursable.
Section 5.
Verification of Travel Claims.
Before the City reimburses any expense incurred in the conduct of official business, elected
officials and employees of the City must attest in a form prepared by the City Manager and/or
her designee that the expenses were incurred in the performance of officials duties related to the
affairs of the City. Expenses will not be reimbursed where the traveler fails to verify the
expenses.
Section 6. Authority of the City Manal!er. The City Manager shall have the authority to
adopt administrative policies to carry out the purpose of this Ordinance. The City Manager shall
have the discretion to reject all travel claims that are not in compliance with this Ordinance or
travel expense policies adopted by the Office of the City Manager.
Section 7. Exemptions. Pursuant to Section 2.6 of the City Charter, elected officials shall
receive reimbursement of expenses at actual cost. The provisions of this Ordinance shall not
apply to reimbursement expenses submitted by elected officials and contractual employees.
Section 8.
Penalties for Fraudulent Travel Claims.
Any person who willfully makes and subscribes any such claim that he or she does not believe to
be true and correct as to every material matter, or who willfully aids or assists in, or assists in, or
procures, counsels, or advises the preparation or presentation of such claim that is fraudulent or
is false as to any material matter, whether or not such falsity or fraud is with the knowledge or
consent of the person authorized or required to present such claim, commits a misdemeanor of
the second degree, punishable as provided in Section 775.082, Florida Statutes or Section
775.083, Florida Statutes. Whoever receives an allowance or reimbursement by means of a false
claim is civilly liable in the amount of the overpayment for the reimbursement of the public fund
from which the claim was paid.
Section 9. Repeal Clause. That all ordinances or parts of ordinances, and all resolutions or
parts of resolutions in conflict or inconsistent herewith are hereby repealed insofar as there is
conflict or inconsistency.
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Section 10. Severability. The provisions ofthis Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrased of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 11. Effective Date. This Ordinance shall become effective ten days after adoption on
second reading.
PASSED and ADOPTED on first reading the &Q ~y of -Hoot' Jot'\ b<W, 2003
4.1., ~
PASSED and ADOPTED on second reading this 18 day of Cf~, 2003.
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Moved by: C~OW\W\\S:~IOIUf4e 'Ico~~,.,q~
Second by: COM",' S~'O~fR.. 6~~:2.' A1
VOTE: 4-0 - I
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Daniel Iglesias
Commissioner Lewis J. Thaler
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