ORDINANCE NO.________ _______

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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    AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.12 SECTIONS 2.12.250, 2.12.270, 2.12.290, 2.12.300, 2.12.310,2.12.320, ADDING 2.12.315 AND REPEALING 2.12.280 OF THE SAN MATEO COUNTY ORDINANCE CODE RELATING TO REIMBURSEMENT OF TRAVEL EXPENSES OF COUNTY OFFICERS AND EMPLOYEES

 

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows

 

SECTION 1. Section 2.12.250 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.12.250 Travel expenses.

 

This section regulates reimbursement for travel expenditures for officers and employees of the County. These provisions do not apply to other expenses that are incurred in the performance of the official duties of county officers and employees. Whenever any member of the Board of Supervisors, or any County officer, deputy, assistant or employee in the service of the County or any member of a County board or commission, in the performance of their duty, is required to travel outside or within the County, such person shall be allowed, in addition to any salary or compensation, actual and necessary travel expenses, as set forth below. Occurrences that would require a member of the Board of Supervisors to travel include, but are not limited to, official business of the County at conferences, education, appearances before local, state, and federal administrative agencies, legislative bodies, and judicial proceedings or when otherwise serving in their official capacity or representing the County.

 

(a)

Transportation and Conveyance. Actual cost incurred for transportation or conveyance by any carrier services. Reimbursement for travel by any privately owned automobile shall be in accordance with the provisions of paragraph (c), below, except that it shall be not more than the cost of common carrier services where the one way distance required to be traveled is 200 miles or more, and in such event the reimbursement for such travel shall not exceed the cost of air travel regardless of the mode of transportation used therefore. The cost of air travel shall be based on coach fares, unless air coach service is not available, or unless otherwise authorized by the County Manager. Government and group rates offered by a provider of transportation services shall be used when available.

   

(b)

Meals, Lodging, and Incidentals. Actual cost incurred outside San Mateo County for meals, lodging, and incidentals, including baggage transfer, tips, car storage, and other actual and necessary incidental expenses. The maximum reimbursement for the actual cost of meals will be limited to the Continental United States (CONUS) current rate as set forth in the Code of Federal Regulations except that for CONUS designated high cost of living metropolitan areas the maximum reimbursement rate shall be limited to double the amount of the CONUS current rate. Government and group rates offered by a provider of lodging services shall be used when available. If such rate is not available, the maximum reimbursement rate shall be limited to double the amount of the CONUS current rate. If the lodging is in connection with a conference or organized educational activity lodging reimbursement for 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 at the time of booking. If such rate is not available, the maximum reimbursement rate shall be limited to double the amount of the CONUS current rate or the group rate, whichever is higher.

   

(c)

Privately Owned Automobile. Actual costs for miles actually traveled, at a rate determined by the County Manager, provided the amount is at least that established by the Internal Revenue Service as the allowable business deduction rate for such travel.

   

(d)

Travel expenses may be paid to the supplier of the transportation where the mode of transportation is other than by a privately owned motor vehicle. In other instances travel shall be claimed by the individual employee.

   

(e)

Required registration fees for educational courses, conferences, or other meetings may be paid directly to the organization or association conducting such course, conference, or other meeting and the officer or employee shall not be required to advance the funds therefore.

   

(f)

County officers or employees shall not submit a claim to County except for those expenses actually incurred in connection with the performance of official business of the County. Such officers or employees shall not use County property for their own personal benefit or for any purpose but a public one. For any violations hereof, in addition to other sanctions that may be imposed, whether civil or criminal in nature, the County may demand of, and such officer or employee shall make, full restitution of all amounts so paid and the County may likewise demand of and such officer or employee shall pay the fair rental value of County property used in any manner other than as provided for herein, together with any and all damages that may have arise from such misuse.

   

(g)

All County-owned or leased vehicles shall be parked overnight and on weekends on County facilities provided therefore except as to those County officers and employees who are on an on-call status during other than normal working hours and if such status is established by the County department head concerned, by the County Manager, or by the Board of Supervisors, or when such vehicle is permanently assigned by the County Manager, or when circumstances would make it unreasonable for such officer or employee to park on County facilities. No employee shall regularly keep a County vehicle at their residence without authorization from the Board of Supervisors or the County Manager.

   

(h)

Nothing herein contained shall prohibit a County officer or employee, while using a County-owned or leased car for County business, from stopping for personal reasons while traveling directly from point of departure to destination; however, any substantial deviation from such route for personal reasons shall be deemed to be a violation of the ordinance.

   

(i)

No officer or employee shall engage in any travel in connection with the performance of official business of the County in a privately owned conveyance, either their own or that belonging to another, unless the same is insured in such manner as to comply with County of San Mateo Administrative Memorandum.

   

(j)

Each officer or employee having the custody of a County vehicle shall exercise due caution and prudence in the operation of such vehicle and shall minimize the risk of damage to such vehicle by using available off-street parking whenever reasonably possible, particularly during the night. Such officer or employee shall be liable to the County for damages and other expenses resulting from and caused by gross negligence or willful misconduct in the use or operation of such vehicle.

   

(k)

All reimbursable expenses for members of the Board of Supervisors that do not fall within the above provisions may be approved by the Board of Supervisors at a public meeting before the expense is incurred.

 

SECTION 2. Section 2.12.270 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.12.270 Reimbursement for expenses.

 

Members of the Board of Supervisors and other County officers, are entitled to reimbursement of the actual cost of expenses, including meals, that are reasonably incurred in the performance of official duties within the County, unless otherwise specified by this Ordinance Code.

 

When authorized or directed by the department head of the department in which he serves, any deputy, assistant, or employee in the service of the County is entitled to reimbursement of the actual cost of expenses, including meals, that are reasonably incurred in the performance of duties within the County, unless otherwise specified by this Ordinance Code.

 

All reimbursements shall be in accordance with section 2.12.250 of this Chapter.

 

SECTION 3. Section 2.12.280 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is hereby repealed.

 

SECTION 4. Section 2.12.290 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.12.290 Authority to host--Conventions, conferences, training and special meetings.

 

Whenever the County of San Mateo, or any of its officers or employees, acts as host for a convention, conference, training or special meeting which will be of benefit to the County of San Mateo, the expenses of the convention, conference, training or special meeting including meals of duly authorized delegates, representatives or participants thereto, may be paid by the County upon presentation of claims therefore and approval by the County Manager or County department head if the amount does not exceed two thousand five hundred dollars ($2,500), or upon approval by the President of the Board of Supervisors or County Manager if the amount thereof exceeds two thousand five hundred dollars ($2,500). Prior approval for the County’s participation as host of such conferences, conventions, or meetings shall be obtained whenever time permits.

 

SECTION 5. Section 2.12.300 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.12.300 Claims for expenses.

 

Before any travel expenses are allowed or paid, the claimant shall file a claim in the manner provided by law for claims to be filed against the County, duly certified as correct by the claimant and approved by the head of the office, department or institution which he or she serves. All claims submitted by members of the Board of Supervisors and department heads are to be reviewed by the Controller. There shall be attached to said claim all receipts showing the moneys expended by the claimant. Expense reports shall document that expenses are in accordance with section 2.12.250 of this chapter.; provided, however, that receipts for expenditures for expenses other than lodging in the amount less than $25 shall not be required on the basis that the cost of reviewing and processing said receipts can exceed that amount of reimbursement. Expense reports shall be submitted within one hundred and twenty (120) days after incurring the expense.

 

SECTION 6. Section 2.12.310 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.12.310 Advance payments for expenses.

 

Whenever it appears to be for the best interests of the County that any member of the Board of Supervisors, or other County officer or agent of the County travel outside of the County of San Mateo on official business and where prior authorization for such travel has been given by the Board of Supervisors, and it appears that it is necessary that such Supervisor, or other County officer, or agent, be allowed a sum of money not in excess of two thousand five hundred dollars ($2,500) for such travel expenses in advance, a claim for such advance showing the emergency requiring such advance shall be made out in the regular form and approved by the department head and thereafter the Controller shall draw their warrant in favor of such Supervisor, or other officer, and the Treasurer shall pay the same. The Supervisor, or other officer or agent receiving such advance, shall file with the Controller after their return from such trip an itemized account, together with proper vouchers of their expenses and shall pay to the County of San Mateo any balance remaining in their hands unexpended. The Controller shall attach such statement to the original claim for such advance and shall immediately make the proper adjustment of the account of the officer or department asking for the advance.

 

SECTION 7. Section 2.12.315 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is hereby added and shall read as follows:

 

2.12.315 Reporting By Members of the Board of Supervisors on Meetings Attended.

 

Members of the Board of Supervisors shall provide a brief report, either orally or in writing, on meetings attended at the expense of the County at the next regular meeting of the Board.

 

SECTION 8. Section 2.12.320 of Chapter 2.12, Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.12.320 Non-compliance with administrative code.

 

In addition to the penalties set forth in Government Code section 53232.4, and any amendments thereto ,any failure of a County officer or employee to comply with the provisions of this chapter may constitute grounds for suspension or dismissal from employment. Such failure on the part of an elective official may constitute malfeasance or nonfeasance in office.

 

SECTION 9. This Ordinance shall be effective thirty (30) days from the passage date thereof.

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