BOARD MEETING DATE: February 13, 1998 AGENDA NO. 37
PROPOSAL:
Amend Section 111 of the Administrative Code Regarding District Board Members' Expenses
SYNOPSIS:
At the December 12, 1997 meeting, the Governing Board amended Administrative Code Section 111 to provide that the Board Chair may approve travel already taken when, through oversight or in the event of unanticipated travel, a Board member inadvertently does not obtain advance approval. Staff agreed to bring further amendments back to the Board for consideration. These main purpose of these amendments is to further define "official business" for which compensation of $100 per day may be paid. Staff also has made edits to reorganize the provisions of Section 111 in a more logical order and to update language to conform to current practice relating to processing expense claims and Board Member travel reporting requirements.
COMMITTEE:
Administrative, January 23, 1998, Recommended for Approval
RECOMMENDED ACTION:
Amend Section 111 of the District's Administrative Code in accordance with the attached and direct the Executive Officer to report back to the Board in six months regarding operation of the new provisions.
Barry R. Wallerstein, D.Env.
Acting Executive Officer
Background
Health & Safety Code Section 40426 authorizes compensation and expense reimbursement for AQMD Board Members while attending AQMD Board and Committee meetings and, upon authorization of the AQMD Board, while on official business of the AQMD. The Board has previously adopted Section 111 of the Administrative Code which provides the referenced authorization.
At the December 12, 1997 meeting, the Board modified Section 111 to provide that the Board Chair may approve travel already taken under certain circumstances and up to a maximum per Board Member per fiscal year. At that time, staff indicated that other Board Members had suggested further revisions. Staff committed to seek Board Member input and return to the February Board meeting with proposed further revisions. Staff has incorporated the Board Member input received into the proposed revisions.
Proposal
The proposed revisions primarily provide further definition of "official business" for which a Board Member is eligible for compensation. These are in subparagraphs b. (1), (2), and (3) of paragraph 2-COMPENSATION. In addition, staff taken the opportunity to reorganize the provisions of Section 111 in a more logical order and to update language to conform to current practice relating to processing expense claims and Board Member travel reporting requirements.
In its review of this item on January 23, 1998, the Administrative Committee requested that staff be directed to return to the Board in six months to report on operation of the new provisions.
Fiscal Impacts
None.
Attachments
Proposed Revised Administrative Code Section 111 - District Board Members' Expenses
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Section 111 - District Board Members’ Expenses
1. INTRODUCTION. Health & Safety Code Section 40426 provides that: "Each member of the south coast district board shall receive compensation of one hundred dollars ($100) for each day, or portion thereof, but not to exceed one thousand dollars ($1,000) per month, while attending meetings of the south coast district board or any committee thereof or, upon authorization of the south coast district board, while on official business of the south coast district, and the actual and necessary expenses incurred in performing the member’s official duties."
2. COMPENSATION. District Board members shall be compensated as follows:
a. For each meeting of the District Board or a committee of the Board to which the member is appointed, $100 per day or portion thereof shall be paid. Committee meetings attended in person or via teleconferencing qualify a Board member for the compensation.
b. While on official business of the South Coast District, $100 per day or portion thereof shall be paid. Official business includes, but is not limited to:
(1) Scheduled meetings with the Executive Officer, District staff, other Board Members.
(2) Formally structured, official tours of facilities having permits with the District, or meetings with representatives of such facilities.
(3) Meetings within the South Coast Air Quality Management District with members of the public or with an air quality-related group which last two hours or more. An air-quality related group is one which has as a primary purpose, participation in dialogue regarding air quality policy.
(4) Participation in radio, television, newspaper, or other mass media primarily concerning District air quality issues. This participation must require at least one hour of the Board member's time. This one hour can include research and preparation time.
(5) Presentation of an air-quality related speech to a group of ten or more individuals.
c. When conducting all other official business of the District not referenced in (a) above, a Board member must obtain advance approval by the District Board or advance written approval by its Chair in order to qualify for the $100-per-day compensation. In the interests of equity, up to $500 per Board member per fiscal year may be approved by the District Board or by the Chair if, through oversight or in the event of unanticipated travel, a Board member does not obtain advance approval. Such approval by the Chair shall be reported to the next regular meeting of the Governing Board as part of the monthly travel report. Examples of official business for which approval is required include, but are not limited to:
(1) Meetings taking place outside of the geographical limits of the four counties which make up the District.
(2) The travel day immediately preceding and immediately following the meetings specified in (b)(1) above.
Actual and necessary expenses incurred in the performance of official duties, as established in Section 120 of the Administrative Code.
d. Total compensation to a single Board member pursuant to subparagraphs 2.a., 2.b., and 2.c. shall not exceed the limits set forth in state law.
3. EXPENSES. Each member of the District Board shall be entitled to the actual and necessary expenses incurred in performing the member's official duties:
a. The actual cost of transportation when by public carrier.
b. Mileage at the rates specified in Section 110 of the Administrative Code.
c. Actual reasonable and necessary cost of meals as evidenced by receipts; without receipts, up to $25.00 per meal.
d. Actual and necessary expenses associated with trips taken outside of the geographical limits of the four counties which make up the District while on official business of the District, when such trips are requested or approved in advance by action of the District Board or are approved in advance in writing by its Chair. In the interests of equity, expenses, subject to the total dollar limit specified in Section 2.c., may be approved by the District Board or by the Chair if, through oversight or in the event of unanticipated travel, a Board member does not obtain advance approval. Such approval by the Chair shall be reported to the next regular meeting of the Governing Board as part of the monthly travel report.
e. Rules for Board member expense limits and claims shall follow the procedure described in Section 120 of the Administrative Code, except that meal expenses will be allowed within District boundaries.
f. Lodging that exceeds the limits described in Section 120 of this Code will only be reimbursed up to the government rate, or if not available, up to the corporate rate, or if neither a government or corporate rate is available, the actual rate.
(1) In addition, if only the convention/conference rate for the event the Board member is attending is available at the convention/conference hotel and such rate is greater than government or corporate rate, the convention/conference rate is reimbursable.
(2) If a rate greater than that permitted or authorized elsewhere in this Section is the only rate available, or if there are overriding reasons why the mission of the District cannot be accomplished at the rates permitted or authorized elsewhere in this Section, such rate may be approved by the Chair of the Board upon written justification submitted by the requesting Board member in advance of the proposed travel. (The Board Member Travel Request and Report form contains a section for justification and may be used to comply with this requirement.)
Any upgrades or costs which exceed those allowed by this paragraph are the sole responsibility of the Board member.
Total payments to a single Board member under (a) and (b) above shall not exceed $1,000 per month.
4. FILING A CLAIM FOR COMPENSATION AND/OR EXPENSES
Prior to reimbursement for travel expenses, a formal written report must be submitted to the Executive Officer. This report must include:
1. A detailed trip itinerary;
2. Copy of District Travel Request and Authorization form approved by the Board Chair;
3. Full justification for expenses incurred, including receipts when appropriate;
4. An assessment of the benefit to the District derived from trip.
a. Claims for compensation shall specify the applicable subparagraph of Section 2.b.
b. Claims for expenses shall include full justification for expenses incurred, including receipts, when required.
c. Claims shall be made on District expense claim form and submitted to the District Executive Office staff who will process for payment expeditiously.
d. Claims for compensation and/or expenses incurred in connection with travel outside the geographical boundaries of the District shall include a copy of the approved Board Member Travel Request and Report form and the Travel Report which includes:
(1) an assessment of the benefit to the District derived from the trip,
(2) individuals contacted, affiliations, addresses/phones,
(3) key information learned/points of interest/issues,
(4) items for staff follow-up, and
(5) description of materials (if any) received and a copy thereof, if feasible.
e. All air travel, lodging, and car rental expense should be made through the travel agency specified by the Executive Officer unless the Board member can obtain an equal or lower rate through a different agency. In the latter case, a statement of the Board member that the rate obtained was equal to or lower than that available through the District-designated travel agency must be included on the Board Member Travel Request and Report form or the Expense Claim form. Any upgrades or costs which exceed those allowed by this paragraph are the sole responsibility of the Board member.
f. This policy is revised February 13, 1998 and applied retroactively is effective for events occurring within or after Fiscal Year 1997-98.
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