HomeMy WebLinkAboutOrdinance No. 38-2003 ORDINANCE NO. 38-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING A NEW ARTICLE TO CHAPTER 2
OF THE CITY OF CAPE CANAVERAL'S CODE OF
ORDINANCES, RELATING TO THE REIMBURSEMENT
POLICIES AND PROCEDURES FOR OFFICIAL TRAVEL;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, based upon the City Manager's review of the City's current policies and
procedures for official travel and reimbursement of related travel and per diem expenses and the
Florida Statutes, the City Manager has made recommendations for adopting policies and
procedures for official travel and reimbursement of related travel and per diem expenses; and
WHEREAS, during the 2003 Florida Legislative Session, the Florida Legislature
adopted Section 166.021(10)(a), Florida Statutes, to provide that a municipality may provide for
a per diem and travel expense policy for its travelers which vary from the provisions of Section
112.061, Florida Statutes; and
WHEREAS, the City Council finds that it is in the best interests of the City to establish
its own per diem and travel policy pursuant to Florida law; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
City of Cape Canaveral
Ordinance 38 -2003
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Section 2. Code Adoption. The City Council for the City of Cape Canaveral, hereby adopts
a new per diem and travel policy as follows: (underlined type indicates additions and strikeeut
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance).
CHAPTER 2. ADMINISTRATION
* **
ARTICLE VII. TRAVEL REIMBURSEMENT POLICIES AND PROCEDURES
Sec. 2 -300. Reimbursement policy and procedures for official travel.
Lai Purpose. It is the intent of this section to regulate official travel expenses of City officers,
employees, and other authorized persons, as defined in Section 166.021(10), Florida Statutes. It
is also the intent of this section that the provisions of Section 112.061, Florida Statutes,
pertaining to municipalities, and any amendments, additions, or modifications to such provisions,
shall be incorporated herein by reference, to the extent this section does not address a subject
matter that is addressed in Section 112.061, Florida Statutes, and that the provisions contained in
this section shall be supplemental and in addition to the provisions of Section 112.061, Florida
Statutes. In the event of any conflict between this section and Section 112.061, Florida Statutes,
this section, in accordance with Section 166.021(10), shall prevail.
ti all Definitions. For purposes of this Administrative Ordinance, the following terms shall
have the meanings indicated:
LU Officer or Public Officer. An individual who in performance of his/her official
duties is vested by law with sovereign powers of government, who is elected by
the people (Mayor and City Council).
(2) Employee or Public Employee. The City Manager or an individual, whether
commissioned or not, other than an Officer or Authorized Person as defined
herein, who is filling_a regular or full -time authorized position and is responsible
to the City Manager.
(3) Authorized Person.
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Ordinance 38 -2003
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(A) A person, other than a Public Officer or Employee, as defined herein,
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whether elected or commissioned or not, who is authorized by the City
Manager or City Council to incur travel expenses in the performance of
his official duties; or
(B) A person who is called upon the City to contribute time and services as
consultant or adviser.
Traveler. A Public Officer, Public Employee, or Authorized Person, when
performing authorized travel.
Travel Expense. The usual, ordinary and incidental expenditures necessarily
incurred by a Traveler.
Common Carrier. Train, bus, commercial airline operating scheduled flights, or
rental cars of an established rental car firm.
Authority to Incur Travel Expenses.
LU All travel of Public Employees must be authorized and approved by the
Department Head and City Manager. Multi -day travel of the City Manager or a
Public Officer must be approved by the City Council.
‘irof (21 Day trips may be authorized by the Department head without approval of the City
Manager.
al The City shall not authorize or approve such a request of a Public Employee
unless it is accompanied by a signed statement listing the purpose of such travel,
the dates and expenses involved, and a copy of the travel itinerary attached.
(4) Travel expenses of Travelers shall be limited to those expenses necessarily
incurred by them in the performance of a public purpose authorized by law to be
performed by the City and must be within the limitations prescribed by this
policy.
�d), Computation of Travel Time for Reimbursement. For purposes of reimbursement and
methods of calculating fractional days of travel, the following principles are prescribed:
LU Travel Categories. The following travel categories are prescribed:
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Ordinance 38 -2003
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Class A. Continuous travel of 24 hours (or more) away from the City.
Class B. Continuous travel of less than 24 hours with an overnight absence
from the City.
Class C. Travel for short or day trips when the Traveler is not away from
the City overnight
Travel Reimbursements. Reimbursements shall be made according to the
following schedule:
(A) Meals for Class B and Class C shall be reimbursed for travel which:
Begins before 6 am and extends beyond 8 am, $8.00 for Breakfast;
or
(ii) Begins before 12 noon and extends beyond 2 pm, $10.00 for
Lunch; or
(iii) Begins before 6 pm and extends beyond 8 pm or when travel
occurs during nighttime hours due to special assignment, $18.00
for dinner.
(be (B) Meals for Class A travel shall be authorized up to a maximum of $36.00
per day in lieu of individual meal allowance rates.
IC) When a traveler attends an event on the City's behalf and the fixed price
of the meal exceeds the per meal allowance, the traveler shall be
reimbursed the actual cost of the meal as authorized by the City Manager.
(D) Receipts shall not be required for meals on authorized overnight travel.
LEI No traveler shall be reimbursed for meals gratuitously provided by another
party.
LEI No traveler shall be reimbursed for meals when travel is confined to the
city or immediate vicinity, except as authorized by the City Manager.
(G) Reimbursement for overnight travel shall be for actual lodging expenses at
the single occupancy rate, to be substantiated by paid receipts.
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(11) Lodging will be reimbursed for out of county, multi -day activities.
No Sales Tax shall be reimbursable to any person, unless the city is also
required by law to pay such tax.
al Items specifically disallowed for reimbursement purposes:
Alcoholic Beverages;
(ii) Entertainment;
(iii) Any expenses incurred by dependents;
(iv) Attendance at political rallies; and
(v) Travel for the specific purpose of promoting the candidacy of an
individual for public office.
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ILQ Other reimbursable expenses:
Toll charges;
thl Taxi fares;
(iii) Parking and storage fees;
(iv) Fuel for City vehicle;
(v) Common carrier transportation — when required. (must be
approved by the City Manager);
(vi) Valet parking — when necessary;
(vii) Convention registration fees; and
(viii) Baggage handling at $.50 per bag up to $2.00 upon arrival and
departure.
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Transportation.
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(1) In no circumstance shall the city vehicle be used for purposes other than
. C authorized official travel.
(2) All travel must be a usually traveled route. The City Manager shall designate the
most economical method of travel for each trip.
al All employees should utilize municipal vehicles when traveling on official
business. This requirement insures adequate liability coverage in the event of an
accident or injury. In those instances when a City vehicle is not available, and
with the prior approval of the Department Head and the City Manager, the use of
privately owned vehicles may be authorized. Whenever travel is by privately
owned vehicles, the traveler shall be entitled to a mileage reimbursement at the
"standard mileage rate." The standard mileage rate is set annually by the Internal
Revenue Service. All mileage shall be from point of origin to point of
destination.
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(4) Travel reservation for official travel on a common carrier shall be made through
the City's purchasing division, or other group or individual designated by the City
Manager to coordinate travel reservations. The purchasing division shall insure
that travel is cost - effective and pursuant to all procurement procedures adopted by
the City.
(.0 Fraudulent Claims. Any individual receiving an allowance or reimbursement by means
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of a false claim shall be liable for the amount of the overpayment, plus interest at a rate equal to
the average rate currently received on investments and may be subject to termination or
disciplinary action as provided by the City Charter, personnel policy or any other applicable
policy or law adopted by the City Council.
Standard Procedures.
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fil Travel Voucher. Travel expense reports, on a form prescribed by the City
Manager, shall be submitted by all individuals performing official travel within I
ten (10) working days of the individuals return. Each approved travel expense
report will be audited when received. Individuals requesting reimbursement are
responsible for mathematical computation. Any report which is not approved or
properly prepared, or is prepared in such a way as to be unauditable, will be
returned for resubmission. Travel Authorization and all required receipts must be {
submitted with the expense report in order to claim a reimbursement.
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al Travel Advances.
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(A) Travel advances for overnight travel must be requested at least two (2)
weeks in advance of the departure. An explanation as to the reason for
travel, the amount of money and correct account to be charged must be
indicated on the request.
No travel advances will be made for Class C travel. Due to tax
implications, reimbursement will be made to the employee in the payroll
following submission of approved expense report.
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f Any unused portion of money advanced to a traveler shall be repaid
immediately upon the return of the traveler. Any unused advance money
not repaid within fifteen calendar days after return of the traveler shall 1
accrue interest at the average rate currently received on city investments.
Any city employee not repaying any unused portion of a travel expense
advance within thirty (30) days after his/her return will have his/her salary
withheld by the city until repayment is made.
(D) In instances where a trip should arise for a member of the City Council
that does not provide ample notice to the council at apublic meeting, then,
with a minimum of twenty -four (24) hours' notice, the traveler shall
request the City Manager to send a memo to the Mayor, each council
member, city attorney and city clerk advising them of the trip, departure
date, justification and return date. At the first regular city council meeting
C. after return from an official trip, the council member shall make a verbal
report to the council on the text of the trip.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape x
Canaveral City Code and any section or paragraph number or letter and any heading may be F
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
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Ordinance 38 -2003
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Section 6. Effective Date. This Ordinance shall become effective immediately upon
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C.- adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 day of
October, 2003.
C. \ A Cc)L■vack
ROCKY RANDELS, Mayor
ATTEST: For Against
-- Bob Hoog X
Jim Morgan Motion
2 / / Buzz Petsos X
SUS • STILLS; Cit,Clerk Rocky Randels X
„ Richard Treverton Second
First Reading: 10/07/2003
Legal Ad published: 10/11/2003
Second Reading: 10/21/2003
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Approved as to legal form and sufficiency for
the Cit e Canaveral only:
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ANTHONY A. GARGANESE, City Attorney
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