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HomeMy WebLinkAbout(0010) Ordinance Amending 2-12.PDFORDINANCE NO. AN ORDINANCE REVISING CHAPTER 2, "ADMINISTRATION," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, TO REVISE SECTION 2-12, "REIMBURSEMENT OF NECESSARY EXPENSES INCURRED BY MEMBERS OF THE CITY COUNCIL IN PERFORMANCE OF THEIR OFFICIAL DUTIES;" TO ELIMINATE OUTDATED REFERENCES TO ADMINISTRATIVE POLICIES AND ALIGN PROCESSES FOR ALL REIMBURSEMENTS;, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILIT NofF AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter III, § 3 of the Charter CitWorth sets the compensation to be paid to the Mayor and to each Counc ember and also provides that "all necessary expenses incurred by the City Council in perform e of their official duties shall be paid by the city"; and WHEREAS, in accordance with the quoted lan lfe, the City Council previously enacted Section 2-12 of the City Co entitled "Reimburscofent of Necessary Expenses Incurred by Members of the City Council i formance of their Official Duties"; and WHEREAS, in adoptinlftlion 2-1 the City Council made itself subject to the City Manager's administrative regul for r ursement of travel and out-of-town meeting expenses and establis differe p u for processing reimbursements of other necessary expenditures; and. WHE AS, the spec administrative regulation referenced in Section 2-12 has since been repeal replaced; d WHEEREA , avmg different sets of procedures for processing reimbursements depending upon the of expense increases confusion and the likelihood of mistakes being mad&; and WHE S, staff recommends revising the City Code to eliminate the outdated reference and to provide for all City Council reimbursements to be processed in accordance with administrative regulations adopted by the City Manager; and WHEREAS, City Council finds it advisable to enact the recommended amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ordinance No. Page 1 of 4 OF FORT WORTH, TEXAS, THAT: SECTION 1. Chapter 2, "Administration," Section 2-12, "Reimbursement of Necessary Expenses Incurred by Members of the City Council in Performance of Their Official Duties," of the Code of City of Fort Worth (2015), as amended, is hereby amended to repeal and r lace subsection (b), to update the definition of "Necessary Expenses" in subsection (c), and re ise subsection (d), and after such amendment Section 2-12 shall read as follows: (a) Purpose. The City Charter provides that the city shall pay all necessary expenses incurred by members of the city council in the performance of their official duties. This section establishes procedures to be followed in reimbursing members of the city council for such expenses. (b) Applicability. This section applies to reimbursement of members of the city council for all necessary expenses incurred by the city council in performance of their official duties. (c) Definitions. NECESSARYEXPENSES. IL NN, 1W a. Expenses that are reasonable and necessary for a member of the city council to incur in the performance of his or her official duties. Such expenses may include, but are not limited to, expenditures for personal automobile usage, telephone calls and postage and costs of travel related to official city business. lk i b. NECESSARYEXPENSES do not include expenditures for: \ 1. Political advertising or political purposes; 2. Personal entertainment; 3. Compensation of additional council assistants or personnel to assist a council member; or 4. Personal expenditures that are not related to a council member's official duties. Ordinance No. Page 2 of 4 POLITICAL ADVERTISING. A communication supporting or opposing a candidate for nomination or election to a public office or office of a political party, a political party, a public office or a measure that: a. In return for consideration, is published in a newspaper, magazine or periodical or is broadcast by radio or television; and/or b. Appears in a letter, pamphlet, circular, flier, billboard or other sign, bumper sticker or similar form of written communication. L \ (d) Procedures. w v � (1) The annual budget shall include a specified amount which shall be available to reimburse each member of the city council for necessary expenses that he or she incurs during the fiscal year. Except for expenses for business related travel reers:��sr:�ssrze!��rr_e!�: �!se�r:rrsr�:�e!�see!s:s�r�_ (2) To apply fe reimbursement, a member- of eit-eouncilshall submit to the city o retaFy ., monthly expense reimbursement form ("reimbursement "remb.rsemet form") Thecityseer-etar-y shall ffep o a fOF fn thiS PUfPE)Se r ries f . - . I itemized receipts shall be attached to the reimbursement form to document al-1 expen3 itHies. in the ease of a lost ^vi-vrgotteni re6 +e member—fthe city council may submit a memorandum providing details and eeftifying that th expense was i,,,.ti ffo l In adopting this ordinance, the city council agrees to follow procedures to be adopted by the city manager that address reimbursement of travel and non -travel related out-of-pocket expenses for elected officials with such policy to provide for basic documentation of such expenses. including required receipts. (3) The eity seeFetar-y shall review the r-eimbufsement foFm to deteFmine that it is semplete;that the expenses listed were ineuFFed in the �er-f per-�eo f ffiei ,1 <A seer-eta-Fy appr-eves the r-eimbufsement fem, the eity seer-etafy shall forward it to duties, and that the expenses were Feasonable a -ad neeessary. AfteF the eity tl,o payable section of the .aopaftment of f;sea se o . Reimbursement forms completed in accordance with the citmanager's policy shall be reviewed by the chief of staff or deputy chief of staff for the mayor and city council. That review shall consist of ensuring forms are complete and determining whether budgeted funds are available to pay the amount shown. Following this review, the reimbursement request shall be forwarded to city staff charged with processing accounts payable for payment. Ordinance No. Page 3 of 4 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. A, SECTION 3. It is hereby declared to be the intention of the City Council at t e phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, an , if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutionai&ythe valid judgment or decree of any court of competent jurisdiction, such unconstitutionality s not affect any of the remaining phrases, clauses, sentences, paragraphs and kctioO of this or inance, since the same would have been enacted by the City Council w' out the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, parag ection. Jr SE/the TION 4. All other provisions of Chapter 2 Code of t e �by Yof Fort Worth, as amended, pshall remain in full force and effect sav exce t as ame ethis ordinance. SE TION This ordinance shall tak%LEEG upof � APPROVED AS TFORM ATY Assistant City Attorney ��' Ad ted Effective: Ordinance No. Page 4 of 4 and it is so ordained. ATTEST: Mary J. Kayser, City Secretary