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HomeMy WebLinkAbout1984-09-21 - City Commission Workshop Meeting MinutesMAIL REPLY TO: P.O. BOX 25010 TAMARAC. FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 4 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 September 18, 1984 NOTICE OF WORKSHOP MEETING CITY COUNCIL TAMARAC, FLORIDA There will be a Workshop Meeting of the City Council on Friday, September 21, 1984 at 9:00 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac. The purpose of the meeting is to discuss guidelines for Mayor and Council member expenses. The public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the •proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. CITE' OF TAMARAC, FLORIDA CITY COUNCIL WORKSHOP MEETING September 21, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order at 1 9:00 A.M., on Friday, September 21, 1984, in the Council Chambers at City Hall. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein C/M Jack Stelzer C/M Raymond J. Munitz C/M John J. Dunne ALSO PRESENT: City Manager Elly Johnson City Attorney Jon Henning Finance Director Steve Wood Secretary Carol M. Thrasher Mayor Kravitz read the official notice of the workshop meeting which was called to discuss guidelines for Mayor and Council member expenses. Mayor Kravitz explained that there have never been guidelines as to what is or is not chargeable as Council expense. He continued that in the past, Council members have submitted their mileage to the Finance Department, the City Manager approved it, and the Council Member received reimbursement, as long as it was within the amount allowed by the Charter for the year. He added that the amount was $2,000.00 for Council and $3,000.00 for the Mayor. He continued that there have been many questions regarding allowable expenses such as insurance, attendance at League of City meetings, out of town business, and others which indicate that guidelines are needed. Mayor Kravitz advised that prior to this administration, he had asked the Auditors to include a review of Council expenses to determine what charges were permissible and which charges exceeded the maximum of $2,000.00 and $3,000.00. C/M Munitz asked the Mayor if the Auditor had been told what was permissible and the Mayor replied that there were no guidelines to give him. He stated that at that meeting, the City Manager, the Finance Director, and the Accountants all had different opinions. as to what was allowable. The Mayor added that the audit did include the maximum amounts allowable but did not include what items were allowable reimbursements for expense vouchers. Mayor Kravitz stated that this meeting was called to establish these guidelines and referred to the City Attorney's memo of September 20th for discussion. (See Attachment). City Attorney Henning advised that his memo was an attempt to list the present policy and can be used as a starting point because additional guidelines are necessary for Staff to process allowable expenses. He asked that Council also address Committee expenses and whether the same rules apply or if distinctions should be made. Mr. Henning reviewed the present guidelines and the reimburse- ment practice in the past, as listed in his memo. He added that in the past, members have been inclined to follow IRS principals regarding business expenditures but that does not necessarily have to be done; and will depend on the rules established in this Workshop. With regard to registration fees for attending meetings, Mr. Henning stated that it has been the practice that those fees are not deducted from the expense allot- ment if it involves all Council members' attendance. He added that if a Council member had a luncheon meeting, a specific distinction could be applied. -1- 9/21/84 /cmt C/M Munitz referred to paragraph,3a and stated that commuter mileage has been paid in the past and only the addition on the expense vouchers was checked. Mr. Henning stated that if it was paid it was because there were no guidelines and Staff was reluctant to advise a Council Member that the expense was not allowed. He added that the purpose of establishing guidelines now is to provide Staff with the proper direction and guidance for processing these expenses in the future, C/M Munitz referred to Item 3b and asked if provision could be made to reimburse Council members for Medicare deductions as opposed to health insurance premiums and Mr. Henning advised that in those cases, it would be a saving to the City to cover the Medicare deductions made quarterly. Steve Wood advised that this has been reimbursed to Council members in the past, but it may not be in the future due to a pending change in Federal rules. Mr. Henning stated that when that determination is made, Council would receive the same benefits as all other employees. In reply to C/M Munitz, Mr. Henning advised that the City contributes a specific amount for dependent coverage and the employee pays the remainder. C/M Munitz referred to paragraph 3c and asked if such fees required outside the tri-county area would be included, Mr. Henning replied that in accordance with Council's latest motion, that would require Council's approval before the expense. C/M Munitz asked if that would be deducted from the allotted amount and Mr. Henning replied that it has not been deducted in the past. C/M Munitz asked if hotel, meals and other expenses were the same and Mr. Henning advised that these are deducted. C/M Munitz asked for clarification on the $3/$6/$12 for meals. Mr. Henning stated that it is his opinion that this is for subsistence while traveling and added that for a business luncheon, typical business expenses for meals would be more. C/M Munitz explained that it is important for everyone to understand that there is a difference between expense reports and expense vouchers, in that a voucher is a substantiation of the expense report. Mr. Henning stated that another important item to discuss is what proper business expenses are. Vice Mayor Stein stated that he proposed the tri-county ordinance and Council's approval; but what is being discussed now is in opposition to his intention. He said that if a Council person goes outside the tri-county area, with permission of Council, it was his intention that this would not be charged to the allotment. He continued that Council approval is not needed for items that are to be charged to the allotment. For example, Vice Mayor Stein said that if Council approves sending the Mayor to Tallahassee to meet with the Governor, it should not be deducted from his allotment. The Vice Mayor said that any expense within the tri- county area is official and is to be charged to the Council person's account. He added that he thought they had decided to let the IRS make the distinction with regard to commuter mileage. C/M Munitz clarified that if there is an exact reimbursement for an expense account given, the IRS is not interested from an employee's standpoint. The Vice Mayor suggested that Council members receive a car allowance, adding that reimbursement presupposes actual money out of your pocket; a car allowance is separate and is not just for the gas, but for the use of your automobile. He said that in discussion with other Cities, he was advised that Council members are permitted to use City vehicles or they are getting a car allowance. He added that our Charter does not provide for either of these. C/M Stelzer asked if this would be in lieu of mileage reports and the Vice Mayor confirmed that it was. C/M Munitz asked if this would cover expenses just within the tri-county area and the Vice Mayor confirmed, adding that travel outside the tri-county area would still need Council approval. In reply to the City Attorney, Vice Mayor Stein stated that the $2,000 and $3,000 provided in the Charter is for reimbursable expenses and a Council Member is not entitled to that unless he actually spends that amount. C/M Munitz asked f.ar clarification that this car allowance would cover the use of the car within the tri-county area and would have nothing to do with the total or any approved expense within that area. Vice Mayor Stein explained that the amount provided by Charter is not a part of this allowance; adding that his suggestion is for an Ordinance giving Council Members a car allowance in lieu of the use of a City car. -2- 9/21/84 /cmt C/M Munitz advised that if this is legal, it would be a comfortable Procedure to relieve, some of the administrative problems and added that if it is not legal, he would be in favor of restricting mileage for commutation expenses. The Vice. Mayor suggested that the City Attorney investigate whether the car allowance is legal and if it is not, that the Ordinance be modified to provide that commutation within the tzi-county area does not need prior Council approval; and outside that area, with Council approval, the expense is not part of the expense account, City Attorney Henning agreed with the Vice Mayor that many Cities provide car allowances, but added that those Cities may not have the same language in their Charters regarding reimbursement of expenses. The Vice Mayor explained that the car allowance would be in lieu of using a City car. He added that a City car can be used for business trips outside the tri-county area; and in lieu of that, the member could be reimbursed for expenses, C/M Munitz pointed out that the Charter states that the Member is entitled to receive actual and necessary expenses allowable by law; adding that it does not say reimburse. He asked what law is being referred to and the City Attorney advised that the Code is Law. He suggested that Council can pass an Ordinance changing the Charter as long as it is not in conflict with State Statutes, and that would be Law. The Vice Mayor agreed and suggested that this decision must be made by the City Attorney and the only other matter for discussion, if that is not valid, is whether or not Council prefers to continue with the past practice of reimbursement for commutation. Steve Wood suggested that it was not necessary for the car allowance to be charged to the expense amount any more than if the City were to buy cars for the Council's use. The Vice Mayor agreed and added that his point was that the use of the car is separate and distinct from the gas used in the car, which would be covered by voucher for reimbursement. He said that his suggestion fora car allowance of $150.00 per month was in lieu of a City car and would not be involved with the Expense Account amounts in the Charter. He continued that this would be circum- venting the Charter and by doing that, Council would be going against the people's vote on the recent referendum. C/M Dunne agreed with the Vice Mayor and added that he could not function as a Council Member without the use of a car. The Vice Mayor advised that there are many instances when Council Members are summoned to City Hall after they have already left for the day; and suggested that some type of allowance should be provided for this type of expense. Mayor Kravitz asked the City Attorney if he was comfortable with the health insurance not being included in the allotment and Mr. Henning confirmed that he was. Mayor Kravitz continued to Item 3c. C/M Munitz referred specifically to the upcoming meeting in Tallahassee and asked if all charges 'other than the Registration fees will be deducted from the expense account and Mr. Henning. confirmed that they are. C/M Stelzer suggested that the $3/$6/$12 for meals Tape would not be reasonable in this case. City Attorney Henning stated that if a 2 dinner meeting is part of the schedule for the Florida League of Cities Convention and costs $17.00, theoretically it should equal out because the state-wide policy is to use the $3/$6/$12 method, no matter what was actually spent for the three meals. Mayor Kravitz continued to the action requested in paragraph B of the City Attorney's memo, City Attorney Henning reviewed that paragraph 3a needs more clarification and everything else on Page 1 is in conformance with the policy that Council desires. Mayor Kravitz asked if these items would be covered by Ordinance. Vice Mayor Stein reminded the City Attorney of his request to clarify paragraph 2. The Mayor continued to paragraph B2 for organizations necessary for Council Members to join and asked if the membership fees would be deducted from the expense allot- ment. Vice Mayor Stein stated that organizations should be more clearly defined or all fees should be abolished, Council agreed to eliminate these fees. Mayor Kravitz referred to B3, adding that he has been approached for several organizations in this regard and asked if these expenses should be deducted from the allotment. C/M Stelzer suggested that if the expense is collectively by the Council then it should be charged to City Advertising, not the individual accounts. Vice Mayor Stein suggested that a resolution could authorize these payments as they occur. Mayor Kravitz agreed and reviewed that both paragraph B2 and B3 would be eliminated. -3- 9/21/84 /cmt Referring to paragraph. B4, Mayor Kravitz asked Steve Wood to explain those forms and procedures necessary for Finance to process the Expense Vouchers. Steve Wood stated that approval of the car allowance would negate the need for some of the procedures; however all Finance needs is a statement from the Council Member that the expenses are actual, reasonable and necessary. Mayor Kravitz continued to paragraph B5 and referred to the mileage of Committee Members to and from City Hall and the lunches by one committee. Mr. Henning advised that Council should be concerned with commuting mileage and trips needed by members for inspections for variances and other reasons. C/M Munitz stated that these expenses are necessary to enable the members to fulfill their duties, Vice Mayor Stein stated that commuting mileage should be disallowed for Committees the same as for Council and asked that vouchers for other expenses be verified by the appropriate Chairperson. Vice Mayor Stein stated that the expenses for lunches were deleted in the budget but he believes that the Ordinance for expenses should include this subject. He pointed out that if a meeting requires that members be at City Hall beyond the normal four hours, he has no objection to reimbursement under the $3/$6/$12 schedule prescribed by State Law. The Vice Mayor continued that one rule should be established for all committees and boards. Mr. Henning advised that the $3/$6/$12 schedule in Florida Statutes refers to out-of-town travel but if Council desires, the Ordinance can include those figures for Committee expense for a different purpose. C/M Munitz agreed and suggested that a minimum amount of time to conduct business following the meal, be established. City Attorney Henning pointed out that Council Members are provided a specific expense allotment while Committee. Members are not. He suggested that the Mayor designate a working group or individual to study and offer a proposal for this subject and he would prepare the Ordinance in conformance with Council's direc- tions. The Vice Mayor agreed. Mr. Henning suggested that the City Manager be authorized to study this subject and recommend a proposal to Council. The Mayor agreed and advised that Council would meet on this subject at that time. Mayor Kravitz adjourned the meeting at 10:10 A.M. Carol A. Evans Assistant City Clerk This public document was promulgated at a cost of $I/Y.YO or per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. -4- 9/21/84 /cmt ATTACHMENT 1 Page 1. of 2 Pages C I T Y O F T A M A R A C INTEROFFICE MEMORANDUM 8409-2308 TO: MAYOR PHILIP B. KRAVITZ and MEMBERS OF COUNCIL FROM: JON M. HENNING., CITY ATTORNEY SUBJECT: Guidelines on Expenses DATE: September 20, 1984 (6108) The City staff welcomes your workshop on Council expenses. The topic has consumed an unbelievable amount of time for the past year. A. The present guidelines in effect are as follows: 1. Pursuant to Charter, based on the election year (March to March), Mayor is entitled to $3,000 and other Council members are entitled to $2,000 if vouchers are submitted and expenses are for business purposes. 2. Pursuant to Council motion on May 23, 1984, only Council expenditures in Dade, Broward and Palm Beach Counties are authorized unless approved by Council befosg incurring the expense. 3. Past Practice: a. Commuter mileage between home and city hall is not reimbursable unless there is a business stop along the way. If so, only one way is reimbursable, not round trip. b. Health insurance premiums for Mayor and Council are not deducted from Council expense allotment. C. Registration fees for Council meetings, such as League of Cities, are not deducted from Council expense allotment. d. Statutory meal allowance of $3 breakfast, $6 lunch and $12 dinner applies if meals are 15 miles away from City Hall. If the meal is a meeting for business purposes, the dollar and mileage limits have not been applied. -5- 9/21/84 /cmt ATTACHMENT 1 Page 2 of 2 Pages �.r�i�vrrllt PMMUKHNDUM: 8409-2308 Guidelines on Expenses September 20, 1984 Page 2 g. Request for Council discussion. 1. Adoption or amendment of above guidelines 2. Membership fees --Chamber of Commerce on other organizations 3. Advertising expenses of elected officials in journals and programs 4. Forms and procedure for approval of monthly or special vouchers 5. Committee Expenses 5. Other items of Council concern JMH/tm CC: City Manager Finance Director City Clerk. Members of Charter Board 9/21/84 /cmt