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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. U: \legislation \ordinances \Reimbursement Ordinance,doc Page 1 12/17 /2003 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 U: \legislation \ordinances \Reimbursement Ordinance,doc Page 2 12/17/2003 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. U: \legislation \ordinances \Reimbursement Ordinance. doc Page 3 12/17/2003 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. . ,. I ( j' ! '", ',;' . ~'-J~'. .. . ..'.' ~ j . " ,",." . ~ 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 ~ A.'os~\- (yes) ~ (yes) _ (yes) ~ (yes) V- (yes) ~ (no) _ (no_ (no) _ (no) _ (no) _ U: \legislation \ordinances \Reimbursement Ordinance. doc Page 4 12/17/2003