Loading...
HomeMy WebLinkAbout9 Travel and Training Procedure Agenda Item # 9 Public Utility District ACTION To: Board of Directors From: Nancy Waters Date: January 07, 2009 Subject: Adopt a Director's Travel and Training Procedure 1. WHY THIS MATTER IS BEFORE THE BOARD This matter involves a new policy for the reimbursement of Board member's travel and training expenses. Only the Board can adopt policies. 2. HISTORY The District does not have a policy for the reimbursement of expenses by Board members as required by the California Government Code and AB1234. 3. NEW INFORMATION The Travel and Expense Reimbursement Policy for Board of Directors provides guidance to elected officials on the use and expenditure of District resources, including cost control measures, allowable uses of District issued credit cards, and submitting proper expense reports. This policy satisfies the requirements of Government Code sections 53232.2 and 53233.3 and AB 1234. 4. FISCAL IMPACT There is no fiscal impact with the matter. 5. RECOMMENDATION Adopt the attached draft policy and resolution regarding the reimbursement of travel and training expenses for Board of Directors. Mary Cha an Michael D. Holley Administrative Services Manager General Manager TRUCKEE DONNER PUBLIC UTILITY DISTRICT TRAVEL AND EXPENSE REIMBURSEMENT POLICY FOR BOARD OF DIRECTORS Section 1. Objective To establish a policy governing the reimbursement to members of the Board of Directors ("Directors") for expenses incurred while involved in official Truckee Donner Public Utility District ("District") business or while attending authorized meetings or training. Section 2. Policy Content 1. It is District policy to use public funds for travel and training only when there is a substantial benefit to the District. 2. This policy provides guidance to elected and appointed officials on the use and expenditure of District resources, as well as the standards directing those expenditures. 3. It is District policy to satisfy the requirements,of Government Code sections 53232.2 and 53233.3 and AB 1234. 4. It is District policy to reimburse Directors for authorized travel, meals, lodging, and other actual and necessary expenses that are,reasonably incurred in the conduct of District business and detailed in an expense report with receipts attached. Section 3. Allowable Expenses Directors shall only use District funds, equipment, supplies, and staff time for authorized District business. Directors shall use good judgment when incurring business expenses, and are expected to use a reasonably economic means of lodging, meals and transportation that will meet the traveler's requirements with due consideration to safety and comfort. Expenses reasonably incurred in connection with the following types of Director activities generally constitute allowable expenses, as long as the other requirements of this Policy are met: 1. Meetings and communicating with representatives of regional, state and national government on adopted policy positions; 2. Attending approved educational seminars designed to improve Directors' skill and information level; 3. Participating in regional, state and national organization meetings or trainings, such as NCPA, DAMPS, AWWA or CSDA; and 4. All other reasonable expenditures previously approved by the District's governing body in a public meeting before the expenditures were incurred. Examples of expenses that the District will not reimburse include, without limitation: 1. The personal portion of any District-related trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accompanying a Director on District-related business, as well as children- or pet-related expenses; 4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5. Mileage to and from District facilities or to attend meetings of the Board of Directors; 6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 7. Personal losses incurred while on District business. Section 4. Authorization for Travel or Training Any expenses that do not fall within this Policy or the Internal Revenue Service ("IRS") rates must be approved by the District's governing body in a public meeting before the expenditures were incurred; otherwise, the expenses are not reimbursable. Board members shall request authorization to attend meetings or training during the "Director Update" section of a regular Board of Directors meeting. If there is no Board opposition, the request will be considered authorized by this policy. The Board President or any Director can request the travel and/or training request be placed on the agenda of the next regularly scheduled Board meeting for action. Section S. Cost Control To conserve District resources and keep expenses within community standards for public officials, Director expenditures shall strictly adhere to the following guidelines. The District shall only pay or reimburse those expenses that meet these guidelines. Any expenses incurred in excess of these guidelines are the Director's personal responsibility. Except as otherwise specified in this Policy, the District shall use the current IRS rates established in Publication 463 (and any future amendments) as its reasonable reimbursement rates. A. Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs shall be utilized, using the most direct and time-efficient route available. Pursuant to AB 1234, Directors shall use government and group rates for all transportation when available a. Airfare Air travel shall be by coach or standard class. The most cost-effective route shall be used. Alternate routes or additional stops for the Director's personal benefit shall be at the Director's expense, prorated to the most cost-effective, direct route to the District- related destination. b. Automobile Rental vehicle expense may be reimbursed when more than one Director, or other District official, is attending an out-of-town conference, and it is determined that sharing a rental vehicle is the most economical,' conomical transportation available. In making this determination, the rental costs, parking and gasoline expenses shall be compared to the combined costs of other available transportation. If, however, only one Director is attending; then the District shall not reimburse the actual vehicle rental costs (or the IRS rental`oar rates)'; only the receipted gasoline, reasonable parking and toll expenses shall be reimbursed. Automobile mileage for personally owned automobiles shall be reimbursed at the IRS rate currently in effect (see www.irs.Qov). The rates acre designed to compensate the driver for gasoline, insurance, maintenance and other expenses associated with operating the vehicle. Reasonable parking and toll expenses shall also be reimbursed, but not fines and penalties for the violation of traffic, parking or other laws. Directors must have a valid driver's license and adequate liability insurance on their vehicle. Proof of both shall be on record at the District office. c. Taxis/Shuttles' Reasonable taxis or shuttle fares may be reimbursed, including a fifteen percent (15%) gratuity per fare, when the cost of such fares is equal to or less than the cost of vehicle rentals, gasoline and parking combined, or when such transportation is reasonably necessary for time-efficiency. Fare reimbursements require valid receipts. Section 6. Lodging The District shall reimburse the actual cost of reasonable lodging required for overnight travel. Directors incurring overnight lodging costs while on District business shall seek appropriate, economical accommodations. Directors shall use government and group rates for lodging when available. Pursuant to AB 1234, if the Director's lodging is in connection with a conference or other seminar (e.g. mandatory ethics training), the lodging costs cannot exceed the group rate published by the event sponsor. If the group rate is not available at the time of booking, the Director is to use comparable lodging that does not exceed the District's Policy or IRS rates, whichever is lower. The District's reimbursable lodging rate is the reasonable base room rate charged, plus lodging taxes. Lodging reimbursements require valid, itemized receipts. Section 7. Meals Directors must use good judgment as to the reasonableness of meal expenses. Reasonable meal costs shall be based upon the per diem rate tables listed in IRS Publication 1542. Directors shall use reasonable efforts to avoid particular areas of high- cost meals and travel. Meal gratuities should not exceed acceptable and customary practices. Directors are encouraged to take advantage of meals included in the price of a seminar, conference, and/or their hotel room. Meal reimbursements require valid, itemized receipts. Section 8. Telephone/Fax/Cellular Directors shall be reimbursed for reasonable telephone, cellular, and fax expenses when traveling for District business. When on overnight travel, one telephone call per day to the Directors family may be submitted for reimbursement. Telephone bills submitted for reimbursement shall identify all calls made for District business. For cellular calls based on a Director's specified minute plan, the Director shall identify the percentage of calls made for District business for reimbursement. The District shall not reimburse cellular charges for multimedia or text messaging services, unless permissible under Section 9, below. Section 9. Internet Directors shall be reimbursed for Internet access and/or usage fees while out of town if Internet access is reasonably''necessary for District-related business. Internet-related expenses shall not exceed fifteen dollar ($15) per day. Section 10. Airport Parking Long-term parking shall be used for travel exceeding 24 hours. Directors shall use good judgment in selecting the most cost-effective parking accommodations available. Section 11. Cash Advance Policy From time to time, it may be necessary for a Director to request a reasonable cash advance for anticipated expenses while conducting District business. All cash advance requests shall be submitted to the District's General Manager five (5) business days prior to the need for the cash advance. The written requests shall include the: 1. Purpose of the expenditure(s); 2. Benefits of the expenditure(s) to the District; 3. Estimated amount of the expenditure(s) (e.g., lodging, meal, and transportation expenses); and 4. Dates of the expenditure(s). Any unused advance shall be returned to the District within five (5) business days after either the expenditure date or the Director returns from out-of-town. The Director shall also provide valid itemized receipts and a detailed expense report explaining how the cash advance was used in compliance with this Policy. If the District's General Manager is uncertain as to whether a request complies with this Policy, then the requesting Director shall seek approval from the District's Board at the next regularly scheduled Board meeting. Section 12. Credit Card Use Policy District credit cards have been issued to each Director and shall only be used for authorized District-related expenses. Absolutely no personal charges may be placed on the District's credit card at any time. The Director shall provide valid receipts within five (5) business days of the credit card use. All submitted credit card expenses shall include the proprietary itemized receipt and the credit card receipt. The Director shall also include a detailed expense report stating the: 1. Dates of the expenditure(s); 2. Purpose of the expenditure(s); 3. Benefits of the expenditure(s) to the District; and 4. Any additional information. Section 13. Submitting Travel Expense Reports All cash advance expenditures, credit card expenses and other expense reimbursement requests shall be submitted on the District provided expense report form. This form shall include the following advisory: All expenses reported on this form shall comply with the District's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the District's policies include loss of reimbursement privileges, restitution to the District, civil and criminal penalties as well as additional income tax liability. It is the Director's responsibility to provide a complete, detailed and factual accounting of expenses on every expense report. Expense reports shall also indicate that the documented expenses comply with this Policy. Except for cash advance and credit card expense reports, which must be submitted in accordance with Sections 11 and 12 above, Directors shall submit their expense reports within thirty (30) days of incurring an expense. Expense reports shall include valid, itemized receipts for each documented expense. All credit card expense reports shall include the proprietary itemized receipt and the credit card receipt. Inability to provide this required documentation may preclude reimbursement and the Director will be personally responsible for the expenses. The District's General Manager shall verify that the submitted expense report complies with this Policy and approve the expense report for payment or reimbursement. Section 14. Reports to the Governing Board Directors shall provide brief reports on meetings, seminars, conferences, and other events that they have attended at the District's expense during the next regular Board meeting. If multiple Directors attended the same event, then a"joint report may be provided to the Board. Section 15. Compliance with Laws Directors shall keep in mind that some expenditures may be subject to additional reporting requirements under the Political Reform Act and other applicable laws. All District expenditures are public records subject to disclosure under the California Public Records Act. Section 16. Violation of This Policy Use of public resources or falsifying expense reports in violation of this Policy may result in the following penalties, without limitation: 1) loss of reimbursement privileges; 2) a restitution to the District; 3) additional state and federal income tax liability for the Director; 4) civil penalties for misuse of public resources (up to $1,000 per day plus three times the value of the unlawful use; and 5) prosecution for misuse of public resources (2, 3, or 4 years in state prison and disqualification from holding public office in California). AB 1234 Assembly Bill - CHAPTERED Page 1 of 14 BILL NUMBER: AB 1234 CHAPTERED BILL TEXT CHAPTER 700 FILED WITH SECRETARY OF STATE OCTOBER 7, 2005 APPROVED BY GOVERNOR OCTOBER 7, 2005 PASSED THE ASSEMBLY AUGUST 30, 2005 PASSED THE SENATE AUGUST 29, 2005 AMENDED IN SENATE AUGUST 22, 2005 AMENDED IN SENATE AUGUST 15, 2005 AMENDED IN SENATE JULY 13, 2005 AMENDED IN SENATE JUNE 29, 2005 AMENDED IN SENATE JUNE 21, 2005 AMENDED IN SENATE JUNE 1, 2005 AMENDED IN ASSEMBLY APRIL 5, 2005 INTRODUCED BY Assembly Member Salinas FEBRUARY 22, 2005 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 1 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 1197 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. LEGISLATIVE 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 qualify a member to receive reimbursement of expenses for travel, meals, and lodging and would impose related requirements, including the filing 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 1, 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 http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 12/29/2008 AB 1234 Assembly Bill - CHAPTERED Page 3 of 14 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. (f) 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. 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 1) . 53232.4. Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency. http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 12/29/2008 AB 1234 Assembly Bill - CHAPTERED Page 5 of 14 to meet the requirements of Section 53235.2. (f) 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 1, 2006, except for officials whose term of office ends before January 1, 2007, shall receive the training required by subdivision (a) of 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 1, 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: (1) 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) . SEC. 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 ($20, 000) per year, when the board may, by ordinance, fix their salaries, which shall not exceed the sum of six hundred dollars ($600) 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. SEC. 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 him or her, for 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 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. 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 http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 12/29/2008 AB 1234 Assembly Bill - CHAPTERED Page 7 of 14 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 1 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 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 1 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 http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bi11_20051007_chaptered.html 12/29/2008 AB 1234 Assembly Bill - CHAPTERED Page 9 of 14 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 1 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. SEC. 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 meeting 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 member 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 1 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. 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 http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 12/29/2008 AB 1234 Assembly Bill - CHAPTERED Page 11 of 14 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. 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 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. 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 21166 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) (1) 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. http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 12/29/2008 AB 1234 Assembly Bill - CHAPTERED Page 13 of 14 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. SEC. 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 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. 35. Section 55305 of the Water Code is amended to read: 55305. (a) The board of directors may fix the compensation of its members 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: (1) An amount not to exceed one hundred dollars ($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 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. 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 him or her in traveling between his or her place of residence and the place of meeting. However, no member shall receive 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 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. 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 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. http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 12/29/2008 SAMPLE TRUCKEE DONNER PUBLIC UTILITY DISTRICT- DIRECTOR'S EXPENSE REPORT NAME T_ DATE -7 BUSINESS PURPOSE Expense Sun Mon Tue Wed Thu Fri Sat TOTAL Category Dates-> Lodging $ Breakfast $ Lunch $ Dinner $ Taxi/Bus/Shuttles $ Tolls/Parking $ Telephone $ Non-meal Tips $ Miscellaneous $ Other $ Mileage (from mileage $ - record below TOTAL" $ MILEAGE RECORD(include above) All expenses reported on this form must comply with the District's policies relating to expenses and use of (for your personal vehicle only) public resources.The information sumitted on this form is a public record. Penalties for misusing public START ODOMETER resources and violating the District's policies include loss of reimbursement privileges, restitution to the District, END ODOMETER civil and criminal penalties as well as additional income tax liability. Miles this Trip 0 @.55 cents/mile $ DIRECTOR'S SIGNATURE: REPAYMENT RECAP: AMT ACCOUNTING CASH ADVANCE RECEIVED $ TOTAL EXPENSES THIS TRIP $ NET DUE TO TDPUD $ NET DUE TO DIRECTOR $ Amount charged to District Credit Card $