2007 California Government Code Article 2.3. Compensation

CA Codes (gov:53232-53232.4)

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 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 21166 or Section 22840 of the Water Code, Section 11908.1
of the Public Utilities Code, Section 6060 of the Harbors and
Navigation Code, or subdivision (b) of Section 1 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.
   (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) If a member of a legislative body chooses to incur additional
costs that are above the rates established pursuant to this section
and those costs have not been approved pursuant to subdivision (f),
then the member of a legislative body may do so at his or her own
expense.
   (h) 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.
   (c) Civil penalties for misuse of public resources pursuant to
Section 8314.
   (d) Prosecution for misuse of public resources, pursuant to
Section 424 of the Penal Code.