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Ord 2024-139ORDINANCE NO. 139 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AMENDING SECTIONS 3.01.090 AND 3.02.070 OF THE OPERATIONS CODE PERTAINING TO OUT OF STATE TRAVEL WHEREAS, the Board of Directors adopted policies pertaining to out of state travel for staff and the Board of Directors who want to attend educational seminars, conferences, meetings and/or other related matters; and WHEREAS, the Operations Code currently provides that neither Board members, officers or staff may attend out of state conferences and other events without prior Board approval; and WHEREAS, the Board of Directors approves it's out of state travel as part of the budget process and prior Board approval of individual travel is unnecessary; and WHEREAS, many professional organizations are electing to have their annual conferences in Nevada and/or Arizona, which can be as close as a Northern California location, and by allowing the general manager to approve out state travel to these states will improve operational efficiencies; and WHEREAS, the Board of Directors desires to amend Sections 3.01.090 and 3.02.070 of the Operations Code pertaining to out-of-state travel. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 3.01.090 is hereby amended to read as follows: "Section 3.01.090. Conferences, Travel and Expenses. (a) The Board of Directors recognizes the benefit derived from Directors attending educational seminars, conferences, programs, government hearings and functions. This section constitutes the District's policy for expense reimbursement, adopted in accordance with Government Code, § 53232.2. (b) Board members are authorized to attend any educational seminar, conference, program, political hearing and/or function within or without the State of California without prior Board approval and to have such expenses reimbursed, subject Ordinance No. 139 to the limitations provided for herein. Events must qualify as an eligible meeting pursuant to District Operations Code, § 3.01.030. The travel expenditure must have been approved as part of the budget process. (c) If an out of State of California educational seminar, conference, program, political hearing and/or function is not in the approved budget process, Board approval is required prior to board members incurring any travel expenditures. (d) The expenses allowed include, but are not limited to, meals, transportation, lodging, and registration fees, which are reasonable and substantiated by receipts, unless paid for directly by the District. Lodging shall not exceed the maximum group rate offered by the sponsor. Members shall also use group or government rates for transportation or shall use IRS rates. Automobile mileage shall be reimbursed at the current standard mileage rate established by the Internal Revenue Service. Board approval is required for any lodging within Orange County. (e) Board members shall present their reimbursement requests for such expenses to the Board by invoice or other suitable substantiation supported by receipts or similar proof of payment "within a reasonable time." (Gov. Code §53232.3.). (f) For all reasonable meals, transportation and lodging expenses, the General Manager may reimburse the Board member's expenses, after expenses are certified by Finance Manager that said expenses are eligible for reimbursements and prior to Board approval and obtaining ratification at the next regular Board meeting. Expenses not ratified by the Board of Directors will be deducted from a subsequent payment. All expense reimbursements other than meals, transportation and lodging must be submitted for Board approval prior to reimbursement. (g) Expense reimbursements shall be in addition to the daily compensation that Board members may be entitled to pursuant to Health and Safety Code Section 6489 and Section 3.01.030 of this Code. (h) District staff and Board Members shall maintain a credit card or other account that allows for the direct payment of airline tickets, hotel rooms, registration fees and other expenses. The General Manager shall establish policies and procedures for utilization of the credit cards and/or other accounts. (i) Nothing stated herein is meant to be a limitation on a Board member's right to attend any event at the Board member's own expense. Ordinance No. 139 (j) Board members shall be cognizant of the Brown Act and any exceptions thereto whenever a quorum of the Board is present at the same location." Section 2. That Section 3.02.070 is hereby amended to read as follows: "Section 3.02.070. Staff Expenses. No officer or staff person shall incur any expense for reimbursement for travel, conferences, meetings, seminars or related matters that occur within the State of California, Nevada and/or Arizona without prior General Manager approval. No staff person shall travel to any other state, other than Nevada and/or Arizona, for conferences, meetings, seminars or related matters, without prior Board approval. The Board may approve recurring or ongoing expenses." Section 3. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 4. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this 26t" day of August 2024 -- nrr Secretary President STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF COSTA MESA 1, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 139 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 26thday of August 2024 by the following votes: AYES: Ooten, Schafer, Scheafer, Perry, Eckles NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 26th day of August 2024. dlerk 4 the 46seasaiDistrict