HomeMy WebLinkAboutAGENDA REPORT 2006 0405 CC REG ITEM 09CMOORPARK CITY COUNCIL
AGENDA REPORT
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CITY OF MOORPARK, CALIFORNIA
CitV Council Meeting
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TO: Honorable City Council
FROM: Johnny Ea, Finance Director
DATE: March 14, 2006 (City Council Meeting of April 05, 2006)
SUBJECT: Consider Implementation of Assembly Bill (AB) 1234
Regarding City Council, Planning Commission and Parks and
Recreation Commission Expense Reimbursement and Ethics
Training
BACKGROUND
AB 1234, Local Agency Compensation and Ethics, which took effect on January
1, 2006, specify the manner in which local legislative bodies may be reimbursed
for their expenses and prescribe ethics training for members of these bodies.
Per Government Code Section 54952, legislative bodies include the City Council,
the Planning Commission and the Parks and Recreation Commission of the City
of Moorpark.
DISCUSSION
As mentioned above, this bill clarifies the manner in which local legislative bodies
may be reimbursed for expenses incurred in the performance of their official
duties and requires the City Council to adopt a written policy, in a public meeting,
specifying the types of occurrences that qualify for reimbursement. Among the
law's provisions is a requirement that expenses claimed for reimbursement be
documented, and that members of the legislative body shall provide brief reports
on meetings attended at the expense of the City at the next regular meeting of
the legislative body.
A report summarizing AB 1234 requirements was prepared and presented to the
Budget & Finance Committee (Mayor Hunter and Councilmember Harper) for
consideration at the February 1, 2006 meeting. The Committee discussed the
items presented and moved to add additional reimbursement types of expenses
into the policy as well as adding the lodging requirements per AB 1234 into the
"Lodging" section of the adopted Council Policies.
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Honorable City Council
April 05, 2006
Page 2
The revised report was brought back to the Budget & Finance Committee for
further discussion and consideration at the March 1, 2006 meeting. The
Committee moved to refer this item to the City Council for approval.
The attached City Council, Planning Commission and Parks and Recreation
Commission Authorized Expense Policy conforms to the requirements of AB
1234.
In addition, the following paragraph will be added to the lodging section of the
Council Polices: "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 employee, City Council, or Commissioners at the
time of booking. If the group rate is not available (i.e. sold out), the traveler shall
use comparable lodging ".
To comply with the law as required by AB 1234, staff recommends that an Ethics
Policy be established and would be worded as follows:
Except as provided by state law, all City Council, Planning and Parks and
Recreation Commissioners shall attend ethics training within 12 months of
assuming office and receive no less than two hours of said training within two
years of assuming office and every two years thereafter. In January of every
year, the City Clerk shall provide the City Council, Planning and Parks and
Recreation Commissioners information on training available to meet the
requirements of this policy and applicable state law. The City Clerk shall
maintain a record of completion on the required ethics training for each person
consistent with applicable state law.
Furthermore, staff recommends that revisions be made to the current Cellular
(Cell) Telephone Policy of the Council Policies to incorporate the following
language to comply with AB1234 requirements:
The City believes that cell phones are a necessary expense for Council Members
so that they are readily accessible to deal with City business. The amount to be
reimbursed shall be the base monthly cell phone contract amount not to exceed
$70.00 dollars per month. The contract shall include, but not be limited to, voice
mail and paging capabilities, nationwide access, unlimited mobile to mobile and
unlimited night /weekend minutes. In addition to the monthly reimbursable
amount, the City shall reimburse each Council Member up to $125.00 every two
years upon submittal of an invoice showing proof of payment for a new cell
phone. To receive reimbursement for the monthly base service, the Council
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Honorable City Council
April 05, 2006
Page 3
Member shall complete a reimbursement form and attach the portion of their
monthly bill which identifies the base monthly charge only. Information on calls
made and received should not be included with the reimbursement form.
Once adopted by the City Council, the proposed policies as indicated above will
be added to the Council Policies the next time the Council considers revision to
its Council Policies Resolution.
STAFF RECOMMENDATION
Concur with the Budget & Finance Committee's recommended changes and
direct that City Council Policies be amended in conformance with said changes.
Attachments:
1. City Council, Planning Commission and Parks and Recreation Commission
Authorized Expense Policy.
2. Assembly Bill No. 1234.
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ATTACHMENT 1
City Council, Planning Commission and Parks and Recreation Commission
Authorized Expense Policy
Policy
It is the policy of the City of Moorpark to reimburse members of the City Council,
Planning Commission and Parks and Recreation Commission for actual and necessary
expenses incurred in the performance of their official duties.
The following types of expenses generally constitute authorized expenses:
• Use of personal vehicle for business travel outside the City limits (reimbursed at
the per mile reimbursement rate for City employees and volunteers and
consistent with Policy 3 section 5 of adopted Council Policies);
• Communicating with representatives of regional, state and national government
on City adopted policy positions;
• Attending educational seminars designed to improve public officials' skill and
information levels;
• Participating in regional, state and national organizations whose activities affect
the City's interests;
• Meals — Traveler may receive a per -diem allowance consistent with Policy 3
section 2.D of adopted Council Policies.
Items that are of a personal nature are not reimbursable (examples are listed in Policy 3
section 2.G of the adopted Council Policies).
Procedures
1. City Council, Planning Commission and Parks and Recreation Commission
Members may claim reimbursements for authorized expenses subject to Policy 3
section 4 — Council and Commissioner Travel of the adopted Council Policies.
2. City Council, Planning Commission and Parks and Recreation Commission
Members shall briefly report on meetings attended at City expense at the next
regular City Council /Planning or Parks and Recreation Commission meeting. If
multiple officials attended the same meeting, a joint report may be made.
3. Any meal for which reimbursement is requested (which is not subject to the per
diem requirements of this policy) shall include a statement of the reason /purpose
and who else was in attendance even if reimbursement is not requested for
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others in attendance. The cost of the meal shall not exceed the applicable
Internal Revenue Service (IRS) allowance amount for the Los Angeles area
regardless of the location.
4. Breakfast shall be considered to occur between 12:00 midnight and 11:00 a.m.;
lunch 11:00 a.m. to 4:00 p.m.; and dinner 4:00 p.m. to 12:00 midnight at the time
zone of the location of the meal.
Commissioners that receive a stipend are eligible for a reimbursement of a meal
if they're on City business related to the responsibilities of their Commission.
5. If a reimbursement rate for travel, meals, lodging and other actual and necessary
expenses is not specifically identified in this policy, then the Internal Revenue
Service rates for reimbursement as established in publication 463 or any
successor publication shall be used for those items.
6. All expenses not covered by this policy shall be approved by the City Council in a
public meeting before the expense is incurred.
Violation of This Policy
Use of public resources or falsifying expense reports in violation of this policy may result
in penalties as prescribed in the California Government Code, Section 53232.4.
OOC104
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 I 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 1 197 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.
j.Approved by Governor October 7, 2005. Filed with
Secretary of Statc October 7, 2005 1
I.EGISI.ATIVF. 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 quality a member to receive reimbursement of expenses
for travel, meals, and lodging and would impose related requirements,
including the tiling 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 I. 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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ATTACHMENT 2
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Ch. 700 —2—
activities on a specific day are determined to be compensable and would
make related changes.
They people of the State of California do enact a.r jolloitis.
SECTION I. Section 25008 of the Government Code is amended to
read:
25008. Members shall he 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 I 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 21 166 or Section 22840
of the Water Code. Section 1 1908.1 of the Public Utilities Code, Section
6060 of the Harbors and Navigation Code, or subdivision (b) of Section I
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.
(t) 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 6250) of Division 7 of Title
I ).
53232.4. Penalties for misuse of public resources or falsifying expense
reports in violation of expense reporting polices may include, but arc 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
9314.
(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 1 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:
( l) 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:
( I ) 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 fiends, 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.
(c) 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.
(1) 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 I, 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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Ch. 700 —6—
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 I, 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:
( I) 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).
SFC. 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 (520,000) per year, when the board may,
by ordinance, fix their salaries, which shall not exceed the sure of six
hundred dollars (S600) 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.
SF.C. 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
hire or her, fir 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 I of Division 2 of Title 5 of the Government Code. Reimbursement
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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. to 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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Ch. 700 —8—
(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 I 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 I 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 Ilealth 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 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. 17. Section 1197 of the Military and Veterans Code is amended
to read:
1 197. 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 (S500) 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 diern. 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 terns 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.
SF('. 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
rnecting 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 mernber 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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Ch. 700 —12—
(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 I of
Division 2 of Title 5 of the Government Code.
SFC. 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 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. 25. Section 16002 of the Public Utilities Code is arnended 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 I 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 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.
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Ch. 700 —14—
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 21 166 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) (I ) 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 Part 1 of
Division 2 of Title 5 of the Government Code. Reimbursement for these
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-15— Ch. 700
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 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. 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 perfonnance 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 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. 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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Ch. 700 —16—
( I ) 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 Government Code.
(c) Reimbursement for these expenses is subject to Sections 53232.2
and 53232.3 of the Government Code.
SIC. 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.
SF .C. 35. Section 55305 of the Water Code is amended to read:
55305. (a) The board of directors may fix the compensation of its
rnernbers 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:
( I ) An amount not to exceed one hundred dollars (S 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 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. 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 hirn 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 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. 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 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. 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 otwhether 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. 39. Section 71255 of the Water Code is amended to read:
71255. F.ach director shall receive compensation in an amount not to
exceed one hundred dollars (S 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.
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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 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. 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.
I
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