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HomeMy WebLinkAboutCC RESO 2006-199RESOLUTION NO. 2006 — 199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REVISED POLICY NUMBER 109 OF THE CITY COUNCIL POLICY MANUAL PERTAINING TO REIMBURSEMENT OF ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO COMPLY WITH THE REQUIREMENTS OF AB 1234 WHEREAS, the City Council finds that it is in the best interests of the City that elected and appointed officials, as well as City employees, remain informed and trained in activities, developments and professional trends affecting the affairs of the City, and that attendance at institutes, hearings, meetings, conferences, training sessions or other similar gatherings is of substantial benefit to the City and its citizens; and WHEREAS, public resources should only be used when there is a substantial benefit to the City; and WHEREAS, the substantial benefit derived from attendance at institutes, hearings, meetings, conferences, training sessions and other similar gatherings, includes: a) The opportunity to discuss the community's concerns with state and federal officials; b) Participating in regional; state and national organizations whose activities affect the City; c) Improvement of officials' or employees' skill and information levels; and d) Promotion of public service and morale; and WHEREAS, the City Council accordingly finds that it is appropriate for the City to reimburse elected and appointed officials and City employees for actual and necessary expenses that they incur in the performance of official duties, including attendance at institutes, hearings, meetings, conferences, training sessions and other similar gatherings; and WHEREAS, Government Code Section 36514.5 specifically allows City Council members to be reimbursed for actual and necessary expenses incurred in the performance of their official duties; and WHEREAS, AB 1234, effective January 1, 2006, added Sections 53232.2, 53232.3 and 53232.4 to the California Government Code, to provide that 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 activities that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses; and WHEREAS, "legislative body", within the meaning of AB 1234, includes members of the Planning Commission and of other non -employee members of boards, commissions and committees; and Resolution No. 2006 — 199 September 19, 2006 Page 2 WHEREAS, Section 53232.4 of the Government Code provides that penalties for misuse of public resources or falsifying expense reports in violation of expense reporting policies 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 8314. d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code. WHEREAS, existing Policy No. 109 of the City Council Policy Manual sets forth standards and procedures for reimbursement of City employees for expenses incurred in the performance of their official duties; and WHEREAS, an amendment to existing Policy No. 109 of the City Council Policy Manual has been proposed to provide regulations for elected and appointed officials and for City employees on the use and expenditure of City resources, as well as to provide the standards against which those expenditures will be measured. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a revised Policy Number 109 of the City Council Policy Manual, dated September 19, 2006, pertaining to reimbursement of elected and appointed officials and City employees for actual and necessary expenses incurred in the performance of their official duties. PASSED and ADOPTED this 19th day of September, 2006 Nick Inzunza, Mayor ATTEST: hIi/JL Michael Dalla, City APPROVED AS TO FORM: tRz <24. George H. Eiser, 111 City Attorney Passed and adopted by the Council of the City of National City, California, on September 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad , Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City df National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-199 of the City of National City, California, passed and adopted by the Council of said City on September 19, 2006. City Clerk of the City of National City, California By: Deputy