CC - Item 4C - 2004-07 Adopting an Expense and Use of Public Resources Policy•
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: PETER WALLIN, CITY ATTORNEY
DATE: DECEMBER 20, 2005
•
RE: RESOLUTION NO. 2005-47 ADOPTING AN EXPENSE
AND USE OF PUBLIC RESOURCES POLICY
Attached for your consideration is Resolution No. 2005-47 Adopting an Expense and
Use of Public Resources Policy. The impetus for this Resolution is a change in state
law brought about by enactment of AB 1234, effective January 1, 2006. That law
requires cities and other governmental agencies to adopt expense reimbursement
policies within specified parameters. Also attached is a copy of AB 1234.
The policy is required to establish reimbursement standards and limits for meal,
transportation and lodging expenses when Council Members and employees travel on
City business and to require the submission of receipts for all expenses within
established deadlines.
Car allowances are no longer permitted for elected officials in California. The new
policies will also apply to all employees and consultants, except to the extent that an
employee or consultant has a contract providing for different terms. For example, as
part of their compensation package, certain management employees receive a car
allowance. This new policy would not impact those contracts.
RECOMMENDATION
It is recommended that the City Council, after any changes or amendments, adopt
Resolution No. 2005-47.
COUMM ACEITIDA
DEC 27 2005
ITEM No.
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RESOLUTION NO. 200547
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA,
ADOPTING AN EXPENSE AND USE OF
PUBLIC RESOURCES POLICY
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY FINDS,
DETERMINES AND RESOLVES AS FOLLOWS:
WHEREAS, the State of California has enacted AB 1234 requiring local agencies to enact
expense reimbursement policies consistent therewith; and
WHEREAS, the City of Rosemead takes its stewardship over the use of its limited public
resources seriously; and
WHEREAS, public resources should only be used when there is a substantial benefit to the
City; and
WHEREAS, such benefits include:
The opportunity to discuss the community's concerns with state and federal officials;
2. Participating in regional, state and national organizations whose activities affect the
City;
3. Attending educational seminars designed to improve officials' skill and information
levels; and
4. Promoting public service and morale by recognizing such service.
WHEREAS, 1) legislative and other regional, state and federal agency business is
frequently conducted over meals; 2) sharing a meal with regional, state and federal officials is
frequently the best opportunity for a more extensive, focused and uninterrupted communication
about the City's policy concerns; and 3) each meal expenditure must comply with the limits and
reporting requirements of local, state and federal law.
WHEREAS, this policy provides guidance to elected and appointed officials on the use and
expenditure of City resources, as well as the standards against which those expenditures will be
measured; and
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WHEREAS, this policy supplements the definition of actual and necessary expenses for
purposes of state laws relating to permissible uses of public resources, and supplements the
definition of necessary and reasonable expenses for purposes of federal and state income tax laws;
and
WHEREAS, this policy also applies to any charges made to a city credit card, cash
advances or other lines of credit.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION 1. Any previous resolution that may conflict with the policies adopted in the
Policy is hereby repealed. This Resolution is not intended to impair or effect any existing contracts
with employees or employee organizations and does not apply to employees covered by such
agreements.
SECTION 3. The attached Expense and Use of Public Resources Policy is hereby adopted,
effective at 12:01 a.m. on January 1, 2006.
SECTION 6. CERTIFICATION
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 27th day of December, 2005.
Jay T. Imperial
Mayor
ATTEST:
Nina Castruita
City Clerk
i
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CITY OF ROSEMEAD
Expense and Use of Public Resources Policy
AUTHORIZED
City funds, equipment, supplies (including letterhead), titles, and staff time must only be
used for authorized City business. Expenses incurred in connection with the following types of
activities generally constitute authorized expenses, as long as the other requirements of this policy
are met:
1. Communicating with representatives of regional, state and national goverment on
City adopted policy positions;
2. Attending educational seminars designed to improve officials' skill and information
levels;
3. A conference or organized educational activity conducted in compliance with
subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article
2.4 (commencing with Section 53234).
4. Participating in regional, state and national organizations whose activities affect the
City;
5. Recognizing service to the City (for example, thanking a longtime employee with a
retirement gift or celebration of nominal value and cost);
6. Attending City events;
7. Implementing a City-approved strategy for attracting or retaining businesses to the
City, which will typically involve at least one staff member; and
All other expenditures require prior approval by the City Council.
The following expenses also require prior Council's approval:
International and out-of-state travel except to an adjacent state;
Expenses which exceed the annual limits established for each office holder; and
Expenses exceeding two thousand five hundred dollars ($2,500.00) per trip.
Examples of personal expenses that the City will not reimburse include, but are not limited
to:
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The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on City-
related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the theater),
sporting events (including gym, massage and/or golf related expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
6. Personal losses incurred while on City business. Any questions regarding the
propriety of a particular type of expense should be resolved by the approving authority before the
expense is incurred.
COST CONTROL
To conserve City resources and keep expenses within community standards for public officials,
expenditures should adhere to the following guidelines. In the event that expenses are incurred
which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs
that fall within the guidelines:
TRANSPORTATION
The most economical mode and class of transportation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct and time-
efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one
City official is attending an out of town conference, and it is determined that sharing a rental vehicle
is more economical than utilizing other forms of transportation. In making such determination, the
cost of the rental vehicle, parking and gasoline shall be compared to the combined cost of such
other forms of transportation.
Automobile. Automobile mileage is reimbursable at Internal Revenue Service rates
presently in effect (see www.irs.gov). For 2006, the rate is 44.5 cents per mile. These rates are
designed to compensate the driver for gasoline, insurance, maintenance, and other expenses
associated with operating the vehicle. This amount does not include bridge and road tolls, which
are also reimbursable. The IRS rates shall not be paid for rental vehicles; only receipted fuel
expenses will be reimbursed. No more than $250.00 will be reimbursed for local automobile travel
by one person for any month.
Airfare. Airfares that are equal to or less than those available through the Enhanced Local
Government Airfare Program offered through the League of California Cities
(www.cacities.org/travel), the California State Association of Counties (w\vxv.csac.counties.org/
default.asp?id=635) and the State of California are presumed to be the most economical and
reasonable for purposes of reimbursement under this policy.
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Car Rental. Rental rates that are equal to or less than those available through the State of
California's website (http://www.catraveismart.com/default.htm) shall be considered the most
economical and reasonable for purposes of reimbursement under this policy.
Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity
per fare, when the cost of such fares is equal to or less than the cost of car rentals, gasoline and
parking combined, or when such transportation is necessary for time-efficiency.
LODGING
Lodging expenses will be reimbursed or paid for when travel on official City business reasonably
requires an overnight stay. If such lodging is in connection with a conference, lodging expenses
should not exceed the group rate published by the conference sponsor for the meeting in question.
If group rates are unavailable, reimbursement shall not exceed available government rates. If
government rates are not available to City officials, reimbursement shall not exceed the Internal
Revenue Service per diem limits. See www.irs.gov or %kxN,"policvworks.eov/perdiem
MEALS
Meal and incidental expenses shall not exceed the following amounts:
(Breakfast $12
Lunch $18
Dinner 1$35
Such amounts shall be annually adjusted to reflect changes in the cost of living in accordance with
statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer
Price Index, all urban consumers for the Los Angeles-Anaheim-Riverside Metropolitan Area. (The
annual adjustment shall be made based on said area whether such travel is within that area or not.)
The City will not pay for alcohol/personal bar expenses.
ENROLLMENT FEES
Enrollment fees charged by providers of conferences, organized educational activities and other
National, State or Regional organizations whose activities affect the City will be reimbursed at the
lowest rates available to the official (i.e., member rate if the City or Official is a member).
TELEPHONE/FAX/INTERNET/CELLULAR
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Officials will be reimbursed for actual telephone and fax expenses incurred on City business.
Telephone bills should identify which calls were made on City business. For cellular calls when the
official has a particular number of minutes included in the official's plan, the official can identify
the percentage of calls made on public business. Officials will be reimbursed for Internet access
connection and/or usage fees away from home, not to exceed $15.00 per day if Internet access is
necessary for City-related business.
AIRPORT PARKING
Long-term parking should be used for travel exceeding 24-hours
OTHER
Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed.
Expenses for which City officials receive reimbursement from another agency are not reimbursable.
CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to cover anticipated
expenses while traveling or doing business on the City's behalf. Such request for an advance should
be submitted to the Chief Financial Officer seven (7) days prior to the need for the advance with the
following information:
The purpose of the expenditure(s); and
The benefits of such expenditure to the residents of the City; and
The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and
transportation expenses); and
The dates of the expenditure(s).
Any unused advance must be returned to the City treasury within ten business days of the official's
return, along with an expense report and receipts documenting how the advance was used in
compliance with this expense policy.
In the event the Chief Financial Officer is uncertain as to whether a request complies with this
policy, such individual must seek resolution from the City Council.
CREDIT CARD USE POLICY
The City does not issue credit cards to individual office holders but does have an agency credit card
for selected City expenses. City office holders and staff as authorized by the Chief Administrative
Officer may use the City's credit card for such purposes as airline tickets and hotel reservations by
following the same procedures for cash advances. Receipts documenting expenses incurred on the
City credit card and compliance with this policy must be submitted within five business days of use.
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City credit cards may not be used for personal expenses, even if the official subsequently
reimburses the City.
EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE
All cash advance expenditures, credit card expenses and expense reimbursement requests must be
submitted on an expense report form provided by the City. This form shall include the following
advisory:
All expenses reported on this form must comply with the City's policies relating to
expenses and use of public resources. The information submitted on this form is a
public record. Penalties for misusing public resources and violating the City's
policies include loss of reimbursement privileges, restitution, civil and criminal
penalties as well as additional income tax liability.
Expense reports must document that the expense in question met the requirements of the policy.
For example, if the meeting is with a legislator, the City official should explain whose meals were
purchased, what issues were discussed and how those relate to the City's adopted legislative
positions and priorities.
Officials must submit their expense reports within 30 days of an expense being incurred,
accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit
card receipts, are part of the necessary documentation.
Inability to provide such documentation in a timely fashion may result in the expense being borne
by the official.
AUDITS OF EXPENSE REPORTS
All expenses are subject to verification that they comply with this policy.
REPORTS TO GOVERNING BOARD
At the following City Council meeting, each official shall briefly report on meetings attended at
City expense. If multiple officials attended, a joint report may be made.
COMPLIANCE WITH LAWS
City officials should keep in mind that some expenditures may be subject to reporting under the
Political Reform Act and other laws. All agency expenditures are public records subject to
disclosure under the Public Records Act.
VIOLATION OF THIS POLICY
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Use of public resources or falsifying expense reports in violation of this policy may result in any or
all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3)
the agency's reporting the expenses as income to the elected official to state and federal tax
authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used,
and 5) prosecution for misuse of public resources.
AB 1234 Assembly Bill - Stale
CURRENT BILL STATUS
MEASURE : A.B. No. 1234
AUTHOR(S) Salinas.
TOPIC Local agencies: compensation and ethics.
+LAST AMENDED DATE 08/22/2005
TYPE OF BILL :
Inactive
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
• Page 1 of 1
LAST HIST. ACT. DATE: 10/07/2005
LAST HIST. ACTION Chaptered by Secretary of State - Chapter 700,
Statutes of 2005.
TITLE An act to amend Sections 25008 and 36514.5 of, and to
add Article 2.3 (commencing with Section 53232) and
Article 2.4 (commencing with Section 53234) to Chapter 2
of Part 1 of Division 2 of Title 5 of the Government
Code, to amend Sections 6060 and 7047 of the Harbors and
Navigation Code, to amend Sections 2030, 2851, 4733,
4733.5, 6489, 9031, 13857, 13866, and 32103 of the
Health and Safety Code, to amend Section 1197 of the
Military and Veterans Code, to amend Sections 5536,
5536.5, 5784.15, and 9303 of the Public Resources Code,
to amend Sections 11908, 11908.1, 11908.2, 16002, and
22407 of the Public Utilities Code, and to amend
Sections 20201, 21166, 30507, 30507.1, 34741, 40355,
50605, 55305, 56031, 60143, 70078, 71255, and 74208 of,
and to add Section 20201.5 to, the Water Code, relating
to local agencies.
anv/niih/hill/aim/ah 1201-1250/ah 1234 hill 20051018 status.html 12/19/2005
AB 1234 Assembly Bill - His's 0 PaZe 1 of 1
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 1234
AUTHOR Salinas
TOPIC Local agencies: compensation and ethics.
TYPE OF BILL :
BILL HISTORY
2005
Inactive
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
Oct. 7 Chaptered by Secretary of State - Chapter 700, Statutes of 2005.
Oct. 7 Approved by the Governor.
Sept. 7 Enrolled and to the Governor at 3:30 p.m.
Aug. 30 Assembly Rule 77 suspended. (Page 3080.) Senate amendments
concurred in. To enrollment. (Ayes 78. Noes 0. Page 3082.)
Aug. 29 In Assembly. Concurrence in Senate amendments pending. May be
considered on or after August 31 pursuant to Assembly Rule 77.
Aug. 29 Read third time, passed, and to Assembly. (Ayes 32. Noes 2. Page
2307.)
Aug. 23 Read second time. To third reading.
Aug. 22 Read third time, amended. To second reading.
Aug. 16 Read second time. To third reading.
Aug. 15 Read third time, amended. To second reading.
July 13 Read second time, amended, and to third reading.
July 12 From committee: Be placed on second reading file pursuant to Senate
Rule 28.8 and be amended.
June 29 From committee chair, with author's amendments: Amend, and re-refer
to committee. Read second time, amended, and re-referred to Com.
on APPR.
June 21 Read second time, amended, and re-referred to Com. on APPR.
June 20 From committee: Amend, do pass as amended, and re-refer to Com. on
APPR. (Ayes 9. Noes 0.).
June 1 From committee chair, with author's amendments: Amend, and re-refer
to committee. Read second time, amended, and re-referred to Com.
on L.GOV.
May 5 Referred to Com. on L.GOV.
Apr. 21 In Senate. Read first time. To Com. on RLS. for assignment.
Apr. 21 Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page
1083.)
Apr. 18 Read second time. To third reading.
Apr. 14 From committee: Do pass. (Ayes 6. Noes 0.) (May 13).
Apr. 6 Re-referred to Com. on L. GOV.
Apr. 5 From committee chair, with author's amendments: Amend, and re-refer
to Com. on L. GOV. Read second time and amended.
Mar. 29 In committee: Hearing postponed by committee.
Mar. 17 Referred to Com. on L. GOV.
Feb. 24 From printer. May be heard in committee March 26.
Feb. 22 Read first time. To print.
htln•/AA,", leainfo.ca.gov/nub/bill/asm/ab 1201-1250/ab 1234 bill 20051007 historv.h... 12!19/2005
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Assembly Bill No. 1234
CHAPTER 700
An act to amend Sections 25008 and 36514.5 of, and to add Article 2.3
(commencing with Section 53232) and Article 2.4 (commencing with
Section 53234) to Chapter 2 of Part 1 of Division 2 of Title 5 of, the
Government Code, to amend Sections 6060 and 7047 of the Harbors and
Navigation Code, to amend Sections 2030, 2851, 4733, 4733.5, 6489,
9031, 13857, 13866, and 32103 of the Health and Safety Code, to amend
Section 1197 of the Military and Veterans Code, to amend Sections 5536,
5536.5, 5784.15, and 9303 of the Public Resources Code, to amend
Sections 11908, 11908.1, 11908.2, 16002, and 22407 of the Public
Utilities Code, and to amend Sections 20201, 21166, 30507, 30507.1,
34741, 40355, 50605, 55305, 56031, 60143, 70078, 71255, and 74208 of,
and to add Section 20201.5 to, the Water Code, relating to local agencies.
[.Approved by Govemor October 7, 2005. Filed with
Secretary of State October 7, 2005.]
LEGISLATIVE COUNSEL'S DIGEST
AB 1234, Salinas. Local agencies: compensation and ethics.
Existing law provides for the establishment and operations of cities,
counties, cities and counties, districts, and other local government
agencies, the composition of their governing bodies, and the payment of
governing body members for attending meetings and performing other
duties, and prescribes conflicts of interest.
This bill would require a local agency that provides reimbursement for
expenses to members of its legislative body to adopt a written policy on
the duties for which legislative body members may receive compensation,
other than meetings of the legislative body or an advisory body or
attendance at a conference or organized educational activity. The bill
would require such a governing body to adopt a written policy concerning
what occurrences qualify a member to receive reimbursement of expenses
for travel, meals, and lodging and would impose related requirements,
including the filing of expense reports, which would be public records.
This bill would also require that if a local agency provides any type of
compensation, salary, or stipend to, or reimburses the expenses of, a
member of the legislative body, all local agency officials, except a member
whose term of office ends before January 1, 2007, in local agency service
as of January 1, 2006, or thereafter receive training in ethics, as specified.
This bill would provide that if any entity develops criteria for the ethics
training, then the Fair Political Practices Commission and the Attorney
General shall be consulted regarding any proposed course content. This
bill would specify, with respect to certain special districts, how a director's
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Ch. 700 -2-
activities on a specific day are determined to be compensable and would
make related changes.
The people of the State of California do enact as follows:
SECTION 1. Section 25008 of the Government Code is amended to
read:
25008. Members shall be allowed their actual expenses in going to,
attendance upon, and returning from state association meetings and their
actual and necessary traveling expenses when traveling outside their
counties on official business. Reimbursement for these expenses is subject
to Sections 53232.2 and 53232.3.
SEC. 2. Section 36514.5 of the Government Code is amended to read:
36514.5. City council members may be reimbursed for actual and
necessary expenses incurred in the performance of official duties.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3.
SEC. 3. Article 2.3 (commencing with Section 53232) is added to
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, to
read:
Article 2.3. Compensation
53232. For the purposes of this article, the following terms have the
following meanings:
(a) "Governing body" means the board of supervisors in the case of a
county or a city and county, the city council or board of trustees in the case
of a city, and the board of directors or other governing body in the case of
a special district.
(b) "Legislative body" has the same meaning as specified in Section
54952.
(c) "Local agency" means a city, county, city and county, charter city,
charter county, charter city and county, or special district.
(d) "Meeting" has the same meaning as specified in subdivision (a) of
Section 54952.2.
53232.1. (a) When compensation is otherwise authorized by statute, a
local agency may pay compensation to members of a legislative body for
attendance at the following occurrences:
(1) A meeting of the legislative body.
(2) A meeting of an advisory body.
(3) A conference or organized educational activity conducted in
compliance with subdivision (c) of Section 54952.2, including, but not
limited to, ethics training required by Article 2.4 (commencing with
Section 53234).
(b) A local agency may pay compensation for attendance at occurrences
not specified in subdivision (a) only if the governing body has adopted, in
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a public meeting, a written policy specifying other types of occasions that
constitute the performance of official duties for which a member of the
legislative body may receive payment.
(c) This section shall not apply to any local agency that pays
compensation in the form of a salary to members of a legislative body,
including, but not limited to, those local agencies whose legislative bodies'
compensation is subject to Section 36516 or 36516. 1, subparagraph (B) or
(C) of paragraph (2) of subdivision (a) of Section 21166 or Section 22840
of the Water Code, Section 11908.1 of the Public Utilities Code, Section
6060 of the Harbors and Navigation Code, or subdivision (b) of Section 1
or Section 5 of Article XI of the California Constitution.
53232.2. (a) When reimbursement is otherwise authorized by statute,
a local agency may reimburse members of a legislative body for actual and
necessary expenses incurred in the performance of official duties,
including, but not limited to, activities described in Article 2.4
(commencing with Section 53234).
(b) If a local agency reimburses members of a legislative body for
actual and necessary expenses incurred in the performance of official
duties, then the governing body shall adopt a written policy, in a public
meeting, specifying the types of occurrences that qualify a member of the
legislative body to receive reimbursement of expenses relating to travel,
meals, lodging, and other actual and necessary expenses.
(c) The policy described in subdivision (b) may also specify the
reasonable reimbursement rates for travel, meals, and lodging, and other
actual and necessary expenses. If it does not, the local agency shall use the
Internal Revenue Service rates for reimbursement of travel, meals,
lodging, and other actual and necessary expenses as established in
Publication 463, or any successor publication.
(d) If the lodging is in connection with a conference or organized
educational activity conducted in compliance with subdivision (c) of
Section 54952.2, including, but not limited to, ethics training required by
Article 2.4 (commencing with Section 53234), lodging costs shall not
exceed the maximum group rate published by the conference or activity
sponsor, provided that lodging at the group rate is available to the member
of a legislative body at the time of booking. If the group rate is not
available, the member of a legislative body shall use comparable lodging
that is consistent with the requirements of subdivisions (c) and (e).
(e) Members of the legislative body shall use government and group
rates offered by a provider of transportation or lodging services for travel
and lodging when available.
(f) All expenses that do not fall within the adopted travel
reimbursement policy or the Internal Revenue Service reimbursable rates
as provided in subdivision (c), shall be approved by the governing body, in
a public meeting before the expense is incurred, except as provided in
subdivision (d).
(g) This section shall not supersede any other laws establishing
reimbursement rates for local agencies.
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Ch. 700 -4-
53232.3. (a) if a local agency reimburses members of a legislative
body for actual and necessary expenses incurred in the performance of
official duties, then a local agency shall provide expense report forms to be
filed by the members of the legislative body for reimbursement for actual
and necessary expenses incurred on behalf of the local agency in the
performance of official duties. Reimbursable expenses shall include, but
not be limited to, meals, lodging, and travel.
(b) Expense reports shall document that expenses meet the existing
policy, adopted pursuant to Section 53232.2, for expenditure of public
resources.
(c) Members of a legislative body shall submit expense reports within a
reasonable time after incurring the expense, as determined by the
legislative body, and the reports shall be accompanied by the receipts
documenting each expense.
(d) Members of a legislative body shall provide brief reports on
meetings attended at the expense of the local agency at the next regular
meeting of the legislative body.
(e) All documents related to reimbursable agency expenditures are
public records subject to disclosure under the California Public Records
Act (Chapter 3.5 (commencing with Section 5250) of Division 7 of Title
1).
53232.4. Penalties for misuse of public resources or falsifying expense
reports in violation of expense reporting polices may include, but are not
limited to, the following:
(a) The loss of reimbursement privileges.
(b) Restitution to the local agency.
(c) Civil penalties for misuse of public resources pursuant to Section
5314.
(d) Prosecution for misuse of public resources, pursuant to Section 424
of the Penal Code.
SEC. 4. Article 2.4 (commencing with Section 53234) is added to
Chapter 2 of Part I of Division 2 of Title 5 of the Government Code, to
read:
Article 2.4. Ethics Training
53234. For the purposes of this article, the following terms have the
following meanings:
(a) "Legislative body" has the same meaning as specified in Section
54952.
(b) "Local agency" means a city, county, city and county, charter city,
charter county, charter city and county, or special district.
(c) "Local agency official" means the following:
(1) Any member of a local agency legislative body or any elected local
agency official who receives any type of compensation, salary, or stipend
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or reimbursement for actual and necessary expenses incurred in the
performance of official duties.
(2) Any employee designated by a local agency legislative body to
receive the training specified under this article.
(d) "Ethics laws" include, but are not limited to, the following:
(1) Laws relating to personal financial gain by public servants,
including, but not limited to, laws prohibiting bribery and
conflict-of-interest laws.
(2) Laws relating to claiming prerequisites of office, including, but not
limited to, gift and travel restrictions, prohibitions against the use of public
resources for personal or political purposes, prohibitions against gifts of
public funds, mass mailing restrictions, and prohibitions against
acceptance of free or discounted transportation by transportation
companies.
(3) Government transparency laws, including, but not limited to,
financial interest disclosure requirements and open government laws.
(4) Laws relating to fair processes, including, but not limited to,
common law bias prohibitions, due process requirements, incompatible
offices, competitive bidding requirements for public contracts, and
disqualification from participating in decisions affecting family members.
53235. (a) If a local agency provides any type of compensation,
salary, or stipend to a member of a legislative body, or provides
reimbursement for actual and necessary expenses incurred by a member of
a legislative body in the performance of official duties, then all local
agency officials shall receive training in ethics pursuant to this article.
(b) Each local agency official shall receive at least two hours of training
in general ethics principles and ethics laws relevant to his or her public
service every two years.
(c) If any entity develops curricula to satisfy the requirements of this
section, then the Fair Political Practices Commission and the Attorney
General shall be consulted regarding the sufficiency and accuracy of any
proposed course content. When reviewing any proposed course content the
Fair Political Practices Commission and the Attorney General shall not
preclude an entity from also including local ethics policies in the curricula.
(d) A local agency or an association of local agencies may offer one or
more training courses, or sets of self-study materials with tests, to meet the
requirements of this section. These courses may be taken at home,
in-person, or online.
(e) All providers of training courses to meet the requirements of this
article shall provide participants with proof of participation to meet the
requirements of Section 53235.2.
(f) A local agency shall provide information on training available to
meet the requirements of this article to its local officials at least once
annually.
53235.1. (a) Each local agency official in local agency service as of
January 1, 2006, except for officials whose term of office ends before
January 1, 2007, shall receive the training required by subdivision (a) of
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Section 53235 before January 1, 2007. Thereafter, each local agency
official shall receive the training required by subdivision (a) of Section
53235 at least once every two years.
(b) Each local agency official who commences service with a local
agency on or after January 1, 2006, shall receive the training required by
subdivision (a) of Section 53235 no later than one year from the first day
of service with the local agency. Thereafter, each local agency official
shall receive the training required by subdivision (a) of Section 53235 at
least once every two years.
(c) A local agency official who serves more than one local agency shall
satisfy the requirements of this article once every two years without regard
to the number of local agencies with which he or she serves.
53235.2. (a) A local agency that requires its local agency officials to
complete the ethical training prescribed by this article shall maintain
records indicating both of the following:
(1) The dates that local officials satisfied the requirements of this
article.
(2) The entity that provided the training.
(b) Notwithstanding any other provision of law, a local agency shall
maintain these records for at least five years after local officials receive the
training. These records are public records subject to disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1).
SEC. 6. Section 6060 of the Harbors and Navigation Code is amended
to read:
6060. The commissioners shall serve without salary until the yearly
gross income of the district, exclusive of taxes levied by the district,
exceeds twenty thousand dollars ($20,000) per year, when the board may,
by ordinance, fix their salaries, which shall not exceed the sum of six
hundred dollars ($600) per month each.
In addition to any salary received pursuant to this section, the
commissioners shall be allowed any actual and necessary expenses
incurred in the performance of their duties. Reimbursement for these
expenses is subject to Sections 53232.2 and 53232.3 of the Government
Code.
SEC. 7. Section 7047 of the Harbors and Navigation Code is amended
to read:
7047. Each director shall receive a sum as may be fixed by the board,
not exceeding fifty dollars ($50) for each meeting of the board attended by
him or her, for not exceeding four meetings in any calendar month. A
director may also receive traveling and other expenses incurred by him or
her when performing duties for the district other than attending board
meetings. For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement
is
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for these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 8. Section 2030 of the Health and Safety Code is amended to
read:
2030. (a) The members of the board of trustees shall serve without
compensation.
(b) The members of the board of trustees may receive their actual and
necessary traveling and incidental expenses incurred while on official
business. In lieu of paying for actual expenses, the board of trustees may
by resolution provide for the allowance and payment to each trustee a sum
not to exceed one hundred dollars ($100) per month for expenses incurred
while on official business. A trustee may waive the payments permitted by
this subdivision.
(c) Notwithstanding subdivision (a), the secretary of the board of
trustees may receive compensation in an amount determined by the board
of trustees.
(d) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 9. Section 2851 of the Health and Safety Code is amended to
read:
2851. The members of the district board shall hold office at the
pleasure of the board of supervisors. They shall serve without
compensation, but shall be allowed their necessary traveling and other
expenses incurred in performance of their official duties. In lieu of
expenses, the district board may, by resolution, provide for the allowance
and payment to each member of the board of a sum not exceeding one
hundred dollars ($100) as expenses incurred in attending each business
meeting of the board. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
SEC. 10. Section 4733 of the Health and Safety Code is amended to
read:
4733. (a) The district board may fix the amount of compensation per
meeting to be paid each member of the board for services for each meeting
attended by the member. Subject to subdivision (b), the compensation
shall not exceed one hundred dollars ($100) for each meeting of the
district board attended by the member or for each day's service rendered
as a member by request of the board, not exceeding a total of six days in
any calendar month, together with any expenses incident thereto.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code, may
increase the compensation received by the district board members above
the amount of one hundred dollars ($100) per day.
(c) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part I of Division 2 of Title 5 of the Government Code.
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(d) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 11. Section 4733.5 of the Health and Safety Code is amended to
read:
4733.5. Where two or more county sanitation districts have joined in
the purchase, ownership, use, construction, maintenance, or operation of a
sewerage system, or sewage disposal or treatment plant, or refuse transfer
or disposal system, or both, either within or without the districts, or have
so joined for any combination of these purposes, as provided in Section
4742, and the districts hold their meetings jointly, and one or more of the
directors serve as a director on more than one of these districts meeting
jointly, the districts may, by joint resolution approved by each district,
limit the compensation of a director to compensation equal to not more
than fifty dollars ($50) for each jointly held meeting attended by him or
her, not to exceed one hundred dollars ($100) in any one month for
attendance at jointly held meetings. For purposes of this section, the
determination of whether a director's activities on any specific day are
compensable shall be made pursuant to Article 2.3 (commencing with
Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code.
SEC. 12. Section 6489 of the Health and Safety Code is amended to
'read:
6489. (a) Subject to subdivision (b), each of the members of the board
shall receive compensation in an amount not to exceed one hundred dollars
($100) per day for each day's attendance at meetings of the board or for
each day's service rendered as a director by request of the board, not
exceeding a total of six days in any calendar month, together with any
expenses incident thereto.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code, may
increase the compensation received by board members above the amount
of one hundred dollars ($100) per day.
(c) The secretary of the sanitary board shall receive compensation to be
set by the sanitary district board, which compensation shall be in lieu of
any other compensation to which he or she may be entitled by reason of
attendance at the meeting or meetings of the sanitary board.
(d) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Government Code.
(e) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 13. Section 9031 of the Health and Safety Code is amended to
read:
9031. (a) The board of trustees may provide, by ordinance or
resolution, that each of its members may receive compensation in an
amount not to exceed one hundred dollars ($100) for attending each
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meeting of the board. A member of the board of trustees shall not receive
compensation for more than four meetings of the board in a month.
(b) The board of trustees, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code, may
increase the amount of compensation received for attending meetings of
the board.
(c) In addition, members of the board of trustees may receive their
actual and necessary traveling and incidental expenses incurred while on
official business other than a meeting of the board.
(d) A member of the board of trustees may waive any or all of the
payments permitted by this section.
(e) For the purposes of this section, a meeting of the board of trustees
includes, but is not limited to, regular meetings, special meetings, closed
sessions, emergency meetings, board field trips, district public hearings, or
meetings of a committee of the board.
(f) For purposes of this section, the determination of whether a trustee's
activities on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code.
(g) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 14. Section 13857 of the Health and Safety Code is amended to
read:
13857. (a) Subject to subdivision (b), each member of the district
board may receive compensation in an amount set by the district board not
to exceed one hundred dollars ($100) for attending each meeting of the
district board. The number of meetings for which a member of the board
of directors may receive compensation shall not exceed four meetings in
any calendar month.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code, may
increase the compensation received by the district board members above
the amount prescribed by subdivision (a).
(c) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Government Code.
SEC. 15. Section 13866 of the Health and Safety Code is amended to
read:
13866. A district may authorize its directors and employees to attend
professional or vocational meetings and pay their actual and necessary
traveling and incidental expenses while on official business.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 16. Section 32103 of the Health and Safety Code is amended to
read:
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32103. The board of directors shall serve without compensation except
that the board of directors, by a resolution adopted by a majority vote of
the members of the board, may authorize the payment of not to exceed one
hundred dollars ($100) per meeting not to exceed five meetings a month as
compensation to each member of the board of directors.
Each member of the board of directors shall be allowed his or her actual
necessary traveling and incidental expenses incurred in the performance of
official business of the district as approved by the board. For purposes of
this section, the determination of whether a director's activities on any
specific day are compensable shall be made pursuant to Article 2.3
(commencing with Section 53232) of Chapter 2 of Part I of Division 2 of
Title 5 of the Government Code. Reimbursement for these expenses is
subject to Sections 53232.2 and 53232.3 of the Government Code,
SEC. 17. Section 1197 of the Military and Veterans Code is amended
to read:
1197. The board shall consist of five members who shall be registered
electors residing within the district or proposed district at the time of their
election and shall be elected by the qualified electors of the district. A
majority of the seats on the board shall be designated for veterans, as
defined in Section 940. Any board seat that is so designated, but is not
currently filled by a qualifying individual, shall be filled by a qualified
individual at the next election at which that seat is to be filled. Members
shall serve without compensation, but shall be entitled to actual and
necessary expenses incurred in the performance of duties. Reimbursement
for these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 18. Section 5536 of the Public Resources Code is amended to
read:
5536. (a) The board shall establish rules for its proceedings.
(b) The board may provide, by ordinance or resolution, that each of its
members may receive an amount not to exceed one hundred dollars ($100)
per day for each attendance at a meeting of the board. For purposes of this
section, a meeting of the board includes, but is not limited to, closed
sessions of the board, board field trips, district public hearings, or
meetings of a committee of the board. The maximum compensation
allowable to a board member on any given day shall be one hundred
dollars ($100). Board members shall not receive any other compensation
for meetings, and no board member shall receive more than five hundred
dollars ($500) compensation under this section in any one calendar month,
except that board members of the East Bay Regional Park District may
receive compensation for not more than 10 days in any one calendar
month. A board member may elect to waive the per diem. In addition, the
board may provide, by ordinance or resolution, that each of its members
not otherwise eligible for an employer-paid or partially employer-paid
group medical or group dental plan, or both, may participate in any of
those plans available to permanent employees of the district on the same
terms available to those district employees or on terms and conditions as
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the board may determine. A board member who elects to participate in any
plan may also elect to have the premium for the plan charged against his or
her per diem and may further elect to waive the balance of the per diem.
(c) All vacancies on the board shall be filled in accordance with the
requirements of Section 1780 of the Government Code, except that, in the
case of vacancies caused by the creation of new wards or subdistricts, the
directors shall, prior to the vacancies being filled, determine by lot, for the
purpose of fixing the terms of the first directors to be elected to the wards
or subdistricts, which ward or subdistrict shall have a four-year term and
which ward or subdistrict shall have a two-year term. The persons who fill
the vacancies caused by the establishment of new wards or subdistricts
shall hold office until the next general election and until their successors
are elected and qualified for the terms previously determined by lot.
(d) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part I of Division 2 of Title 5 of the Government Code.
SEC. 19. Section 5536.5 of the Public Resources Code is amended to
read:
5536.5. Members of the board of directors may be allowed actual
necessary traveling and incidental expenses incurred in the performance of
official business of the district as approved by the district board.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 20. Section 5784.15 of the Public Resources Code is amended to
read:
5784.15. (a) The board of directors may provide, by ordinance or
resolution, that each of its members may receive compensation in an
amount not to exceed one hundred dollars ($100) for attending each
meeting of the board. The board of directors, by ordinance adopted
pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of
the Water Code, may increase the amount of compensation received for
attending meetings of the board.
(b) The maximum compensation in any calendar month shall be five
hundred dollars ($500).
(c) In addition, members of the board of directors may receive their
actual and necessary traveling and incidental expenses incurred while on
official business.
(d) A member of the board of directors may waive the compensation.
(e) For the purposes of this section, a meeting of the board of directors
includes, but is not limited to, regular meetings, special meetings, closed
sessions, emergency meetings, board field trips, district public hearings, or
meetings of a committee of the board.
(f) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part I of Division 2 of Title 5 of the Government Code.
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(g) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 21. Section 9303 of the Public Resources Code is amended to
read:
9303. The directors shall receive no compensation for their services as
such, but each shall be allowed reasonable and necessary expenses
incurred in attendance at meetings of the directors or when otherwise
engaged in the work of the district at the direction of the board of
directors. The directors shall fix the amount allowed for necessary
expenses, but no director shall be appointed to any position for which he
or she would receive compensation as a salaried officer or employee of the
district. Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 22. Section 11908 of the Public Utilities Code is amended to
read:
11908. The board shall establish rules for its proceedings and may
provide, by ordinance or resolution, that each member shall receive for
each attendance at the meetings of the board, or for each day's service
rendered as a director by request of the board, the sum of one hundred
dollars ($100). No director shall receive any other compensation, nor
receive pay for more than six days in any one calendar month. For
purposes of this section, the determination of whether a director's
activities on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code.
SEC. 23. Section 11908.1 of the Public Utilities Code is amended to
read:
11908.1. (a) Notwithstanding Section 11908, a district with a board
having seven directors may provide, by resolution or ordinance, that each
director shall receive compensation in an amount not to exceed one
hundred dollars ($100) per day for each day's attendance at public
meetings of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any calendar
month, or, in lieu of that compensation, a salary of not to exceed six
hundred dollars ($600) per month subject to annual adjustments pursuant
to subdivision (b), together with any expenses incurred in the performance
of his or her duties required or authorized by the board. No resolution or
ordinance establishing compensation pursuant to this subdivision shall
provide for any automatic increase in that compensation.
(b) Any district which adopts salaries for directors pursuant to
subdivision (a) may increase those salaries by not more than 5 percent for
each calendar year following the operative date of the last adjustment,
commencing with the calendar year following adoption of the salary or
increase.
(c) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
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SEC. 24. Section 11908.2 of the Public Utilities Code is amended to
read:
11908.2. Notwithstanding Section 11908, the board of a district which
has owned and operated an electric distribution system for at least eight
years and has a population of 250,000 or more may provide, by ordinance
or resolution, that each director shall receive compensation in an amount
not to exceed one hundred dollars ($100) per day for each day's
attendance at public meetings of the board or for each day's service
rendered as a director by request of the board, not exceeding a total of 10
days in any calendar month, together with any expenses incurred in the
performance of his or her duties required or authorized by the board. The
board may, by resolution or ordinance, increase the compensation per day
by not more than 5 percent for each calendar year following the operative
date of the last adjustment, commencing with the 1988 calendar year. No
resolution or ordinance establishing compensation pursuant to this
subdivision shall provide for any automatic increase in that compensation.
For purposes of this section, the determination of whether a director's
activities on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code. Reimbursement for these
expenses is subject to Sections 53232.2 and 53232.3 of the Government
Code.
SEC. 25. Section 16002 of the Public Utilities Code is amended to
read:
16002. Each member of the board shall receive the compensation that
the board by ordinance provides, not exceeding four thousand eight
hundred dollars ($4,800) a year. For purposes of this section, the
determination of whether a director's activities on any specific day are
compensable shall be made pursuant to Article 2.3 (commencing with
Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code.
SEC. 26. Section 22407 of the Public Utilities Code is amended to
read:
22407. Each member of the board of directors shall receive
compensation in an amount not to exceed one hundred dollars ($100) for
each attendance at the meeting of the board held within the district, which
amount shall be fixed from time to time by the board. No director,
however, shall receive pay for more than four meetings in any calendar
month.
Each director shall be allowed, with the approval of the board, all
traveling and other expenses necessarily incurred by the member in the
performance of the member's duties. For purposes of this section, the
determination of whether a director's activities on any specific day are
compensable shall be made pursuant to Article 2.3 (commencing with
Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
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SEC. 27. Section 20201 of the Water Code is amended to read:
20201. Notwithstanding any other provision of law, the governing
board of any water district may, by ordinance adopted pursuant to this
chapter, provide compensation to members of the governing board, unless
any compensation is prohibited by its principal act, in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance at
meetings of the board, or for each day's service rendered as a member of
the board by request of the board, and may, by ordinance adopted pursuant
to this chapter, in accordance with Section 20202, increase the
compensation received by members of the governing board above the
amount of one hundred dollars ($100) per day.
It is the intent of the Legislature that any future increase in
compensation received by members of the governing board of a water
district be authorized by an ordinance adopted pursuant to this chapter and
not by an act of the Legislature.
For purposes of this section, the determination of whether a director's
activities on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code.
SEC. 28. Section 20201.5 is added to the Water Code, to read:
20201.5. Reimbursement for expenses of members of a governing
board of a water district is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 29. Section 21166 of the Water Code is amended to read:
21166. Notwithstanding any other provision of law, a director, for
sitting on the board or acting under its orders, shall receive both of the
following:
(a) (1) Except as specified in paragraphs (2) and (3), compensation not
to exceed one hundred dollars ($100) per day, not exceeding six days in
any calendar month.
(2) In districts that produce or distribute electric power, one of the
following methods of compensation:
(A) Compensation not to exceed one hundred dollars ($100) per day.
(B) A monthly salary of not to exceed six hundred dollars ($600) per
month.
(C) Annual compensation not to exceed fifteen thousand dollars
($15,000). Any annual compensation pursuant to this subparagraph shall
be fixed by the adoption of an ordinance pursuant to Sections 20203 to
20207, inclusive.
(3) Districts containing 500,000 acres or more are governed by Section
22840.
(b) Actual and necessary expenses when acting under the orders of the
board.
For purposes of this section, the determination of whether a director's
activities on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Pan I of
Division 2 of Title 5 of the Government Code. Reimbursement for these
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expenses is subject to Sections 53232.2 and 53232.3 of the Government
Code.
SEC. 30. Section 30507 of the Water Code is amended to read:
30507. Each director shall receive compensation in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance at
meetings of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any calendar
month, together with any expenses incurred in the performance of his or
her duties required or authorized by the board. For purposes of this
section, the determination of whether a director's activities on any specific
day are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
SEC. 31. Section 30507.1 of the Water Code is amended to read:
30507.1. Each director of the Contra Costa Water District shall receive
compensation in an amount not to exceed one hundred dollars ($100) per
day for each day's attendance at meetings of the board and for each day's
service rendered as a director by request of the board, not exceeding a total
of 10 days in any calendar month, together with any expenses incurred in
the performance of duties required or authorized by the board. For
purposes of this section, the determination of whether a director's
activities on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code. Reimbursement for these
expenses is subject to Sections 53232.2 and 53232.3 of the Government
Code.
SEC. 32. Section 34741 of the Water Code is amended to read:
34741. Until their compensation is fixed by the adoption of bylaws, the
officers shall receive the following compensation for their services:
(a) The secretary, tax collector, treasurer, and assessor, such sums as
shall be fixed by the board.
(b) Each director shall receive compensation in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance at
meetings of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any calendar
month, together with any expenses incurred in the performance of his or
her duties required or authorized by the board. For purposes of this
section, the determination of whether a director's activities on any specific
day are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
SEC. 33. Section 40355 of the Water Code is amended to read:
40355. (a) A director, when sitting on the board or acting under its
orders, shall receive not exceeding:
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(1) One hundred dollars ($100) per day, not exceeding six days in any
calendar month.
(2) Ten cents ($0.10) per mile for each mile traveled from his place of
residence to the office of the board.
(3) Actual and necessary expenses while engaged in official business
under the order of the board.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Govemment Code.
(c) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SEC. 34. Section 50605 of the Water Code is amended to read:
50605. (a) Each member of the board shall receive such compensation
for services actually and necessarily performed as the board determines to
be just and reasonable, and shall be reimbursed for expenses necessarily
incurred in the performance of his duties as trustee.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part I of Division 2 of Title 5 of the Government Code. Reimbursement
for these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 35. Section 55305 of the Water Code is amended to read:
55305. (a) The board of directors may fix the compensation of its
members for their services as directors not to exceed ten dollars ($10) for
each meeting attended, not exceeding two meetings in any calendar month.
If allowed by the board, a director shall also receive for performing duties
for the district other than attending board meetings the following:
(1) An amount not to exceed one hundred dollars ($100) for each day
performing such duties.
(2) Traveling and other expenses incurred by him or her in performing
his duties.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement
for these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 36. Section 56031 of the Water Code is amended to read:
56031. The district board shall have power to fix the amount of
compensation per meeting to be paid each member of the board for his or
her services for each meeting attended by him or her; provided, that the
compensation shall not exceed ten dollars ($10) for each meeting of the
district board attended by him or her, together with expenses necessarily
incurred by him or her in traveling between his or her place of residence
and the place of meeting. However, no member shall receive
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compensation for attending more than three meetings of the board during
any calendar month. This compensation shall be in addition to any other
fees or compensation allowed by law for the other official positions
specified in Section 56030 that are occupied by members of the district
board. For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be made
pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement
for these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 37. Section 60143 of the Water Code is amended to read:
60143. Each director shall receive compensation in an amount not
exceeding one hundred dollars ($100) for each day's attendance at
meetings of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any calendar
month, together with any expenses incurred in the performance of his or
her duties required or authorized by the board. For purposes of this
section, the determination of whether a director's activities on any specific
day are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
SEC. 38. Section 70078 of the Water Code is amended to read:
70078. Each member of the board shall receive compensation for
services actually and necessarily performed, as the board determines to be
just and reasonable, and shall be reimbursed for expenses necessarily
incurred in the performance of his or her duties as director. The salaries of
all officers and employees of the district shall be fixed and determined by
the directors. The board of directors shall fix the compensation that the
election officers shall receive for district elections. For purposes of this
section, the determination of whether a director's activities on any specific
day are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
SEC. 39. Section 71255 of the Water Code is amended to read:
71255. Each director shall receive compensation in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance at
meetings of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any calendar
month, together with any expenses incurred in the performance of his or
her duties required or authorized by the board. For purposes of this
section, the determination of whether a director's activities on any specific
day are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
•
90
•
Ch. 700 -18-
SEC. 40. Section 74208 of the Water Code is amended to read:
74208. Each director shall receive compensation in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance at
meetings of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any calendar
month, together with any expenses incurred in the performance of his or
her duties required or authorized by the board. For purposes of this
section, the determination of whether a director's activities on any specific
day are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
SEC. 41. The Legislature finds and declares that transparency in the
activities of local governments is a matter of statewide concern and not
merely a municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution, Therefore, this act shall apply to charter cities,
charter counties, and charter cities and counties.
O
i
90
AB 123 )4 Assembly Bill -Bill W lysis 0 Page 1 of 5
AB 1234
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1234 (Salinas)
As Amended August 22, 2005
Majority vote
(ASSEMBLY 171-0 ((April 21, ISENATE• 132-2 I(August 29, 1
I 1 12005) I 1 12005) 1
Original Committee Reference: L. GOV.
SUMMARY Clarifies the rules pertaining to compensation to
members of a local government legislative body for attendance at
authorized meetings and conferences; requires the establishment
of guidelines for reimbursement of members of a local government
legislative body for actual and necessary expenses incurred in
the performance of official duties; and, establishes provisions
for ethics training for local government officials and
designated employees.
The Senate amendments
1)Add specifications to the types of ethics laws and general
ethics principles that local government officials should
receive training on.
2)Specify that if any entity develops curricula to satisfy the
requirements of the ethics portion of this bill, then the Fair
Political Practices Commission (FPPC) and the Attorney General
(AG) shall be consulted regarding the sufficiency and accuracy
of any proposed course content.
3)Clarify that "local agency" also includes a charter county and
a charter city and county.
4)Specify that members of a legislative body should use
government and group rates offered by a provider of
transportation or lodging service for travel and lodging when
available.
5)Allow each local agency legislative body to choose which
employees must receive ethics training.
6)Clarify that when the AG and FPPC are reviewing a local
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AB 1234 Assembly Bill - Bill lysis Page 2 of 5
AB 1234
Page 2
agency's curricula for ethics training they shall not preclude
the local agency from including local ethics policies in their
training curriculum.
7)Insert cross-references in various local government principal
acts.
8)Make various other technical changes.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined a "governing body" as the board of supervisors in the
case of a county or city and county, the city council or board
of trustees in the case of a city, and the board of directors
or other governing body in the case of a district or other
public agency.
2)Defined "local agency" as a city, county, city and county,
charter city, or special district.
3)Specified the types of occurrences that a legislative body
member may attend and receive compensation from a local
agency.
4)Authorized a local agency to pay compensation for other types
of occurrences if the legislative body adopts a written policy
in a regular public meeting specifying other specific
occasions for which a legislative body member may receive
payment.
5)Specified that local officials who receive a regular salary
for performance of official duties are exempt from the above
requirements.
6)Stipulated that these compensation provisions are additional
to other laws authorizing payment of compensation to members
of legislative bodies of local agencies.
7)Authorized a local agency to reimburse members of a
legislative body for actual and necessary expenses incurred in
the performance of official duties.
8)Required that, if a local agency reimburses members of a
legislative body for expenses, the governing bodies of the
local agency must adopt a written policy in a regular public
meeting specifying the types of occurrences for which a
AB 1234
Page 3
legislative body member may receive reimbursement of travel
1 ?14 Ufa ?nn;nR~9 1 R>R,9 12/19/2005
AB 1234 Assembly Bill - B1110lysis
related expenses.
Page 3 of 5
9)Authorized a governing body to either adopt a travel
reimbursement policy that specifies the procedures and
reimbursement rates for meals, lodging, and travel, or use
Internal Revenue Service (IRS) rates for reimbursement of
meals, lodging, and travel.
10)Specified that if the lodging is in connection with a
conference, lodging costs shall not exceed the group rate
published by the conference sponsor, if available.
ll)Required that any expenses incurred that fall outside the
provisions of the adopted written policy or the IRS guidelines
can only be eligible for reimbursement upon approval by the
governing body in a regular public meeting before the expense
is incurred.
12)Required local agencies to provide expense report forms to be
filed by the members of the legislative body for
reimbursement of travel-related expenses, and states that
these forms are public records subject to disclosure under the
California Public Records Act.
13)Specified penalty provisions for misuse of public resources
and falsifying expense reports; which may include loss of
reimbursement privileges, restitution to the local agency, or
prosecution.
14)Required local agency officials and designated employees to
complete a course in ethics training within the first year of
commencing service to that local agency, and to complete a
course in the ethical standards of conduct once every two
years thereafter.
15)Made the ethics training requirement applicable only if a
local agency provides any type of compensation or salary to
members of a legislative body for the performance of official
duties or if a local agency reimburses members of a
legislative body for actual and necessary expenses incurred in
the performance of official duties.
16)Specified that the curriculum for the ethics training shall
be jointly developed by FPPC and the AG.
AB 1234
Page 4
17)Specified that a local agency may either offer the ethics
training course or identify online courses, conferences,
seminars, or other courses that meet the requirements of this
section.
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AB 1234 Assembly Bill - Bill &lysis
0 Page 4 of 5
18)Required local agencies to maintain records of completion of
ethics training for its legislative body members and
designated employees.
FISCAL EFFECT The Senate Committee on Appropriations
determined that any additional state costs created by this bill
are not significant and do not and will not require the
appropriation of additional state funds, and that this bill will
cause no significant reduction in revenues, pursuant to Senate
Rule 28.8.
COMMENTS Local government reform has become a "hot topic" over
the past few years. The incidents that occurred in the
Sacramento Suburban Water District, Otay Water District, City of
Elk Grove (although they were not charged), and many others have
caused a flurry of questions on how local officials are using
public resources and on the ability of local officials to follow
the ethical guidelines set forth in statute. Cities, counties,
and special districts have all seen an increase in the misuse of
public resources and the consistent failure to follow conflict
of interest laws from their own public officials. As a result
of these and other instances, the reputations of many local
governments that have done nothing wrong have been damaged due
to the actions of a few "bad actors."
This bill was drafted following suggestions from the State
Auditor's report on Independent Special Water Districts, and
closely follows the guidelines established in the Institute for
Local Self Government's publication entitled "Of Cookie Jars And
Fishbowls: A Public Official's Guide To Use Of Public
Resources" and the Association of California Water Agencies'
"Guidelines of Conduct: A Primer for Public Water Agency
Officials." Both of these resources are currently being used by
many local governments when drafting travel and ethics policies.
Local government officials are currently required to follow the
guidelines of conduct established in the Reform Act and to
submit a Statement of Economic Interest to the FPPC, but they
AB 1234
Page 5
are not required to be trained on these statutes or on standards
of ethical conduct. Such training is required at the state
level. This bill would extend this ethics training to local
government officials.
Similar legislation: SB 393 (Ortiz), pending in the Senate,
would establish new requirements for special districts,
including ethics training for special district officials, audit
standards, limits on board members' compensation, and
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AB 1234 Assembly Bill - Bill `ilysis 0 Page 5 of 5
"whistleblower" provisions. In addition, it would require the
State Controller to oversee local audits of special districts
and authorizes Controller audit reviews of special districts.
SB 393 is identical to SB 1272 (Ortiz of 2004) which passed the
Senate Local Government Committee, but failed in the Senate
Appropriations Committee and was granted reconsideration.
Analysis Prepared by Katie Kolitsos / L. GOV. / (916)
319-3958 FN:
0011907
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AB 1234 Assembly Bill - Votwormation 0 Page 1 of 1
VOTES - ROLL CALL
MEASURE: AB 1234
AUTHOR: Salinas
TOPIC: Local agencies: compensation
DATE: 08/30/2005
LOCATION: ASM. FLOOR
MOTION: AB 1234 Salinas Concurrence
(AYES 76. NOES 0.) (PASS)
AYES
and ethics.
in Senate Amendments
Aghazarian Arambula Baca Bass
Benoit Berg Bermudez Blakeslee
Bogh Calderon Canciamilla Chan
Chavez Chu Cogdill Cohn
Coto Daucher De La Torre DeVore
Dymally Emmerson Evans Frommer
Garcia Goldberg Hancock Harman
Haynes Jerome Horton Shirley Horton Houston
Huff Jones Karnette Keene
Klehs Koretz La Malfa La Suer
Laird Leno Leslie Levine
Lieber Liu Matthews Maze
McCarthy Montanez Mountjoy
Nakanishi Nation Nava Negrete McLeod
Niello Parra Pavley Plescia
Richman Ridley-Thomas Sharon Runner Ruskin
Saldana Salinas Spitzer Strickland
Torrico Tran Umberg Vargas
Villines Walters Wolk Wyland
Yee Nunez
NOES
ABSENT, ABSTAINING, OR NOT VOTING
Oropeza Vacancy
Mullin
onv/nrnh/hill/ncm/ah 1?01-1?.5l1/ah 12i4 vote 20050930 0356P... 12/19/2005
AB 1234 Assembly Bill - Vo~formation Pa-e 1 of 1
VOTES - ROLL CALL
MEASURE: AB 1234
AUTHOR: Salinas
TOPIC: Local agencies: compensation and ethics.
DATE: 08/29/2005
LOCATION: SEN. FLOOR
MOTION: Assembly 3rd Reading AB1234 Salinas By Torlakson
(AYES 32. NOES 2.) (PASS)
AYES
Aanestad Ackerman Alarcon Alquist
Ashburn Battin Bowen Campbell
Cedillo Chesbro Cox Denham
Ducheny Dunn Figueroa Florez
Hollingsworth Kehoe Kuehl Lowenthal
Machado McClintock Migden Morrow
Poochigian Romero Runner Scott
Simitian Soto Torlakson Vincent
NOES
Ortiz Speier
ABSENT, ABSTAINING, OR NOT VOTING
Dutton Escutia Maldonado Margett
Murray Perata
lhttn-/huluw 1P.Rinfo rs oov/nrnh/hill/aem/ah 1701-1250/ah 1234 vote 20050929 1039A... 12/19/2005