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May 19, 2025 0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 19,2025 1. MEETING The meeting was called to order at 6:00 p.m.by Mayor Darby at the Nederland City Office Building, 207 N. 12th Street,Nederland,Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was led by Mayor Pro Tem Ortiz and the Pledges of Allegiance were led by Mayor Darby. 3. CITIZEN COMMENTS No citizens comments were received. 6. EXECUTIVE SESSION The regular meeting was recessed at 6:03 p.m.by Mayor Darby for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with Attorney—Texas Government Code, Chapter 551.071, regarding legal matters, pending of contemplated litigation, a settlement offer, or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code, including but not limited to 2007 Avenue B. The regular meeting was reconvened at 6:41 p.m. by Mayor Darby. 4. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. Mayor Darby removed the Consent Agenda Items "a thru c"to be considered separately. a. Councilmember Jones stated the wording on Item 11 of the Minutes of the May 12, 2025 should be corrected to reflect `Mayor Darby.' A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Ortiz to approve the Consent Agenda Items "a-c" as corrected. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. r n Y 7 � Minutes continued, May 19, 2025 NOES: None. b. April 2025 Departmental Reports POLICE: Casey Maxwell, Administrative Assistant, gave a summary of the police report for April 2025. John Ortiz, 2811 Nashville, asked about fees collected by the department and where they were applied to. Some fees are allocated to the state and some to the city. FIRE: Terry Morton, Fire Chief, gave a summary of the fire department report. PUBLIC WORKS: Rob Woods, Director of Public Works, gave a summary of the Water Plant, Streets, Drainage, Solid Waste, Animal Control, Sanitation and Trash departments. He stated that 15,000 linear feet of ditches have been cleaned out by the contractor. The city is doing the culvert cleaning. Mayor Pro Tem Ortiz commented on the tree limb pile in the back of Public Works which the department is in the process of clearing out. Renee O'Conner, asked about procedures the Animal Control department has in place regarding loose dogs. Manuel Villarreal,2016 Ave C, stated his culverts need to be cleaned out. Jolei Shipley, 8765 Holmes Road, requested more details be shown on the departmental reports such as addresses, what type of work was done, and jobs completed by the contractors. Angela'Fanette, 1016 N. 31' St., recommended the reports be summarized by year, list out addresses and repairs completed and for the city to prepare a preventative maintenance plan. Susan Toomey, 504 Carriage Lane, requested that the number of animal bites be shown on the animal control officer report. INSPECTIONS: George Wheeler, Chief Building Official, summarized the Code Enforcement report. Councilmember Jones stated he would like to see more enforcement on rubbish, disabled vehicles and dilapidated structures. Mr. Wheeler stated his Inspections report for April will be on the next agenda. Cathy Evans, 115 S. 2nd St., stated she has been having an ongoing issue with a dilapidated house on her street, 116 S 2nd St., involving theft, debris piles, tall grass and rodents. Mr. Wheeler stated the house will be boarded up as soon as it becomes uninhabited and the condemnation process will begin. Daniel Cates, 204 S. 2nd St., stated the backyard at this property is unsightly and needs to be cleaned out. Mr. Wheeler stated once the house is condemned and demolished,the backyard will be cleaned out. Minutes continued, May 19, 2025 LIBRARY: Molli Hall, Director of Library Services, gave.a summary.of the library report. PARKS: Toby Latiolais, Parks and Recreation Director, gave a summary of the Parks report. Councilmember Sonnier asked when the restrooms would be opened back up for park usage. Mr. Latiolais stated they are in the process of opening these back up but the daily locking and unlocking of the doors is a safety issue. FINANCE: Heather Stucker, Director of Finance, gave a summary of the Finance Department which included the meter and water billing department. She stated the ACH drafting is free to residents as opposed to the$1.25 fee for web payments. CITY CLERK: Joni Underwood,City Clerk,gave a summary of the City Clerk report. c. Tax Assessor Collection Report—April 2025 5. REGULAR AGENDA a. Diane LaBorde, President of the Chamber of Commerce, presented the quarterly Hotel Occupancy Tax Fund financial report. Mayor Darby asked about payments to a lawn service and why this was contracted out. Ms. LaBorde stated that the city maintenance on Tex Ritter Park was only temporary and eventually they had to employ a lawn service to keep the park maintained. A motion was made by Councilmember Jones and seconded by Mayor Darby to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. b. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve a work authorization with Schaumburg & Polk, Inc. for Smoke Testing. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Rob Woods stated the work could begin in June with the smoke testing and then the rain events for data on the flow monitoring. Work could possibly be complete by April of next year. Angela Fanette asked if the flow monitoring can be done simultaneously with other steps in the process. She requested a base map of the work being done, asked if citizens can accompany Schaumburg & Polk to assist and requested a weekly report of the work completed. c. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to approve Ordinance No. 2025-09, amending the fiscal year 2024-2025 budget. Minutes continued, May 19, 2025 MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. d. A motion was made by Mayor Darby and seconded by Councilmember Ortiz to approve Resolution 2025-08, amending the Travel and Subsistence Policy to reflect the current General Services Administration. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. UNIFNISHED BUSINESS e. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to postpone indefinitely authorizing the publication of the notice of intent for Certificates of Obligation to finance wastewater system improvements and other water or sewer infrastructure improvements. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. f. A motion was made by Mayor Pro Tern Ortiz and seconded by Councilmember Jones to postpone indefinitely approving Resolution No. 2025-04, declaring official intent to reimburse expenditures related to the 2025 Sanitary Sewer Rehabilitation — Western Section project. MOTION CARRIED. AYES:. Mayor Darby,Councilmembers Duplant,Jones,Sonnier,.and Ortiz. NOES: None. g. A motion was made by Mayor Pro Tern Ortiz and seconded by Councilmember Jones to postpone indefinitely approving a work authorization with Schaumburg & Polk, Inc. for the 2025 Sanitary Sewer Rehabilitation — Western Section project. MOTION CARRIED. AYES; Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 6. EXECUTIVE SESSION The regular meeting was recessed at 8:45 p.m. by Mayor Darby for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel— Texas Government Code, Chapter 551.074,Discuss personnel—Interim Police Chief. 7. RECONVENE The regular meeting was reconvened at 9:41 p.m. by Mayor Darby. 8. A motion was made by Councilmember Duplant to appoint Terry Morton as Interim Police Chief pending legal review. Councilman Sonnier seconded this motion with an amendment to increase the Interim Police Chiefs salary by 25% during the interim time period, beginning June 1, 2025. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 9. Mayor Darby stated Council has reviewed seven attorneys for legal representation related to Minutes continued, May 19, 2025 the arbitration with former City Manager, Chris Duque and has chosen Larry Simmons. 10. ADJOURN There being no further business a motion was made by Mayor Darby to adjourn the meeting at 9:50 p.m. 4'J/4d14/ fe'' ey P. ,i arby, Mayor City of Nederland, Texas ATTEST: 110k04. tOCCIOJAka Joni Underwood, City Clerk City of Nederland, Texas e/' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Jeffrey P. Darby Mayor Bret Duplant Council Member—Ward I �✓ Britton Jones Council Member—Ward II Randy Sonnier Council Member—Ward III ✓ Jeff Ortiz Council Member—Ward IV ✓^ Cheryl Dowden Interim CityManager ry Joni Underwood City Clerk ✓ Waid.14 Exec, secgiovi Chris Leavins City Attorney Uia pl4av ) I Heather Stucker Director of Finance ✓ Ca___Sq,y imnox well / Gary Porter Police Chief ,1 Terry Morton Fire Chief Robert Woods Director of Public Works ✓ George Wheeler Building Official ✓ Molli Hall Librarian Stephanie Gaspard Human Resources Director Toby Latiolais Parks Director ✓ 2,7j7 Jeffrey I'Darby, Mayor - thteteAdAtf Joni U derwood, City Clerk 5-19-25 Date CITIZEN COMMENTS SIGN-IN SHEET NAME ADDRESS MaRV‘e ( l� banal 2 0( (12 o k i S /12( 1)1 el 1 O 1 vi&QJ Rc - r efA, Eva-ns --vc1<r)c ,c4-- � -p C(4ko V�Q �� l 1\I . 1 S� S-c 1P.� -- � i�ek v\AN) 0 Z \\ NA)kVI Q_ A7' , ON c0 r=7 -4 KATE CARROLL TAX.ASSESpORQ91,..:LEPTQR **/ JEFFERSON COUNTY, TEXAS STATE OF TEXAS QOUNTYOF JEFFERSON I,Kate Ca.rroll,the TaX AsseSsOrtollectOt of Jefferson.County,Texas and also,-, by contract:or statute, 'the Tax Assessor-Collector for CITY OF NEpgiKAANp,, affirm, under vath, that This air owit $99,01.11, represents all takes collected for: CITY OF.NEDERLAND during the month ofApril 2025'. Kate Ca rroll MMus*Apt)REs P.O.BoX21:12 BEAuNIONT,TEXAS777042112 PHYSICAL ADDRESS '1149 PEARL ' BEAumoNT,TEXAS 77701 PHONE;409-63543.51 6 # rAx:409-835-8589 ORDINANCE NO.2025-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2024- 2025 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No. 2024-18 which adopted the Fiscal Year 2024-2025 City Budget;and, WHEREAS,the City Council deems it necessary to amend the current budget to increase expenditures as set out in Attachment"A"attached hereto;and, WHEREAS,the 2024-2025 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2024 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2024 and ending September 30,2025,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2024-2025 is amended to allow for increases in expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 19th DAY OF MAY,2025. Y.Mayor P.barb Y City of Nederland,Texas ATTEST: n 1 4 _Qa n n.vv Joni Und wood,City Clerk C/ p„0""""""/up APPROVED AS TO FORM: =` e .Z ,-;•••••-•-• CD Chris Leavi s,City Attorney 1 BUDGET ORDINANCE AMENDMENT—ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30,2024 in the amount of$5,000 and increase line items as detailed below: CITY COUNCIL Increase 01-11-00-6331 Telephone $2,500 Provide funds for necessary telephone expenses for council members Increase 01-11-00-6333 Training and Travel $2,500 Provide funds for training and travel costs for City council members to attend elected City official training RESOLUTION NO.2025-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS ADOPTING THE TRAVEL AND SUBSISTENCE POLICY AND AMENDING AND THE PERSONNEL POLICY TO REMOVE THE TRAVEL AND SUBSISTENCE PROVISIONS FROM THE PERSONNEL POLICY WHEREAS, the City of Nederland, Texas (the "City") has adopted and maintains a Personnel Policy applicable to employees of the City; WHEREAS, Section 17 of the Personnel Policy includes certain travel and subsistence policies for employees; WHEREAS,upon the recommendation of staff,the City Council desires to adopt the Travel and Subsistence Policy attached hereto as Exhibit"A",which includes updated provisions from the those set forth in the Personnel Policy; WHEREAS,the City Council further desires to amend the Personnel Policy to remove the provisions addressing travel and subsistence as those matters will not be covered by a stand-alone policy adopted herein;and WHEREAS,the City Council affirmatively finds that the Travel and Subsistence Policy is for a valid public purpose and is in the best interest of the City,its employees,and the citizens. NOW,THEREFORE,BE IT RESOLVED by the City Council for the City of Nederland, Texas,that: 1. Adoption of Recitals.The City finds that the recitals set forth above are incorporated herein for all purposes and are found to be true and correct. 2. Travel and Subsistence Policy Adopted. The Travel and Subsistence Policy attached hereto as Exhibit"A"is hereby approved,adopted and established. 3. Personnel Policy Amended. The Personnel Policy maintained by the City is hereby amended to remove Section 17 addressing travel and subsistence policies. 4. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time,place and purpose of said meeting was given as required by law. 5. Effective Date. This Resolution shall take effect immediately upon its passage. PASSED and APPROVED this 19th day of May,2025. CITY OF NEDERLAND,TEXAS e fey P.Darby,Mayo "owl'i ATTEST: ,"J��N '• /P Joni U 9erwood,City Clerk � .,1 °/„..• • ©F JEFF`S; Resolution Page 1 APPROVE AST FORM: Christopher D.Leavins,City Attorney Resolution Page 2 Exhibit"A" CITY OF NEDERLAND TRAVEL AND SUBSISTENCE POLICY I. GENERAL POLICY The policy of the City of Nederland (CITY) is that employees are to be fully reimbursed for necessary and reasonable job-related expenses incurred in the authorized conduct of CITY business. These purposes include employee training/conferences; accomplishment of a specific CITY business-related purpose; solution of a CITY-related problem; exchange of ideas;and other matters related to CITY business and the improvement of the CITY. Every three years, the City Manager will review the implementation of this Policy and provide policy interpretations and assistance to ensure effective and efficient implementation. All travel expenses are subject to the requirements of documentation and reasonableness, as set forth in this Policy, provided that the travel was properly authorized and that funds are available in the CITY'S budget. The CITY, at its discretion, may prepay such expenses as registration fees,hotel costs,airfare,etc.directly to the entity involved. While this policy does not cover every possible situation, it establishes adequate guidelines for employees and officials to make appropriate and consistent judgments regarding the expenditure of CITY funds for reimbursable expenses. Please note the CITY will provide flexibility to meet the special needs and requirements of their employees during travel. It remains the responsibility of city management to control and approve travel-related expenditures. Any exceptions will be subject to approval by the City Manager. The City Manager may also, on a case-by case basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In such instance, a detailed explanation and substantiation(a receipt)is required. II. APPLICATION This policy shall apply to all CITY employees and officers. Travel and training costs shall only be paid for CITY employees and officers; any costs resulting from the travel and/or training of family members or other persons not employed by the CITY shall be borne by the employee or officer. An employee or officer,whose family member(s)will attend the training/conference with the employee or officer, shall be required to pay the CITY prior to any expenses being incurred by the CITY. Employees shall provide their supervisor with a copy of their itinerary before leaving on business travel. III. REQUEST PROCEDURE At least ten(10)working days prior to the date of departure,a Request for Travel Voucher (RTV)shall be submitted to the City Manager or his designee for approval or disapproval if no advance registration or air travel is required. In the event that discounts are available either for registration or air travel, the RN shall be submitted, whenever possible, in a manner so as to receive the greatest discount. Exhibit"A" The Request for Travel Voucher shall identify the purpose of the trip, any anticipated expenses in accordance with this Policy, and the department and account number for the expenditure. Attached to the voucher shall be a copy of any brochures,correspondence, or other pertinent information which elaborate on the purpose of the request. Each employee or officer shall submit an individual RTV. If the RN is approved by the City Manager or his designee, a travel advance sufficient to cover anticipated costs, as defined by this Policy,shall be provided to the traveling employee or officer. IV. TRAVEL AND EXPENSE SUMMARY Within five (5) working days of returning to the CITY, each employee or officer shall submit a completed Travel and Expense Summary to the Finance Director.This document shall include all requested information with supporting documentation, agenda for conference or training,and receipts attached. Supporting documentation/receipts shall include itemized original receipts indicating the amount,date, location,and nature of the expense. All expenditures for which a receipt is normally issued shall be supported by such documentation. Should an employee or officer require such documents for their personal use, they shall make copies prior to submitting the originals. If other than original receipts are submitted,a written statement attesting to the accuracy of the submission must be approved by the employee's department head. V. CASH ADVANCE Employees and officers may receive a cash advance for such items as food,mileage,lodging, travel,etc.,as defined in this Policy,when those expenses have not been prepaid or other arrangements made for the payment of these expenditures. Any cash advance shall require proper supporting documentation/receipts upon return to the CITY. Should an employee or officer not expend all funds provided by the cash advance as reflected by supporting documentation/receipts, unspent funds may be returned to the CITY depending upon the purpose of the cash advance. VI. PREPAID EXPENSES a) Registration. Whenever possible, the CITY shall prepay registration expenses for meetings,conferences,or seminars via the submission of a Request for Travel Voucher in accordance with Section III. This Voucher shall be submitted,whenever possible, in sufficient time to receive the lowest possible registration fee for the event. Should prepayment of registration fees not be possible,the employee or officer shall receive a cash advance in the exact amount of the registration fees. b) Airfare. Whenever possible, the CITY shall prepay and obtain airline tickets. Employees and officers shall submit a Travel Report Voucher a minimum of twenty- five (25) days prior to the departure date,whenever possible, to allow for the lowest possible airfare. The CITY shall obtain airline tickets for coach or tourist class airline fares. Only in emergency situations, or when less than first class tickets are 2 l Page Exhibit"A" unavailable, shall the City Manager consider approving the purchase of other fares. Should prepayment and the obtaining of airline tickets by the CITY not be possible, airfare shall be reimbursed in accordance with Section VII.d. VII. ALLOWABLE EXPENSES a) Personal automobile. If an elected official or an employee on City-authorized travel ("traveler") drives that person's own Privately Owned Vehicle (POV) on the City travel outside the City, the City shall reimburse the traveler at the current mileage rate authorized by the Internal Revenue Service(IRS). The amount permitted for mileage to a particular destination shall be determined in accordance with the rate established annually by the Internal Revenue Service (IRS) based upon distance documentation as provided in maps, handbooks, etc. All employees utilizing their personal automobile for attendance at a CITY-related conference shall have a valid driver's license and personal automobile liability insurance. When two (2) or more employees travel in a single automobile, only one (1) employee shall receive mileage or other automobile reimbursement. b) City Vehicle. Employees who travel in CITY-owned vehicles shall be reimbursed for the actual cost of fuel, oil, or other related expenditures necessary for the safe operation of the vehicle when substantiated by proper supporting documentation/receipts. c) Vehicle Parking,Storage,and Tolls. Expenses for vehicle storage,parking,and/or tolls are reimbursable subject to the submission of supporting documents/receipts. Valet parking shall not be reimbursed unless the employee/official documents the need for such accommodation. d) Airfare. Employees or officers shall be reimbursed for coach or tourist class airfare in the event that this is not a prepaid expenditure. All travel will be by the most economical and direct routes. e)Automobile rental. In the event that an employee or officer utilizes a rental automobile, the CITY will not provide reimbursement for a vehicle classified higher than "intermediate"or"mid-size" unless the employee or officer is able to justify the need for a larger vehicle. 1. If commercially renting a vehicle is more advantageous to the City than POV mileage,the traveler shall prepare a comparative cost showing the costs for rental and POV. The City shall reimburse at the lower rate. 2. Advance reservations for rental automobiles shall be made by the CITY prior to the travel so as to ensure the lowest possible rate. 3. Reimbursement will be provided for rental of the automobile and fuel costs with ..._._------.-_•_fhesiibC7 scion of_supporting.docu.r_ryentationiceceipts __�.--•-.-•-------•--_._._..._.__._.__ 3 I Page Exhibit"A" 4. All reimbursement claims shall exclude any increased charges resulting from personal use. 5. When traveling in groups, sharing of cars, when practical, must be done to minimize costs. f) Carfare and taxis. If taxis,shuttle buses,etc.are utilized,the employee or officer shall be reimbursed for actual expenditures and tips with the submission of supporting documentation/receipts. Separate receipts shall be submitted for each trip utilizing a taxi,shuttle bus,etc. g) Lodging. Whenever possible, the CITY shall arrange accommodations directly with a hotel or motel. Reimbursement for room expenses shall be based upon actual receipts excluding any personal expenses. The maximum amounts allowable for reimbursement shall be determined by the City Manager or his designee taking into consideration the particular city or region to which travel is made. 1. An employee may receive a cash advance in the exact amount of the anticipated expenditure for hotel or motel accommodations. In this circumstance, any additional business-related expenses shall be reimbursed with the submission of proper supporting documentation/receipts. 2. If the CITY is to be billed directly by the hotel or motel, a purchase order shall be issued. 3. CITY travelers are expected to seek accommodations that are comfortable, convenient, meet business and personal needs and offer good value. Employees are expected to compare local lodging in the area prior to reserving lodging. h) Registration. As noted in Section Vl.a., registration fees shall be prepaid by the CITY. In the event that preregistration is not possible,the employee or officer may be issued a cash advance in the exact amount of the registration expense; upon return, proper supporting 'documentation/receipt shall be submitted to the CITY verifying this expenditure. Should registration fees not be prepaid or a cash advance not requested, the employee or officer shall be reimbursed for the cost of registration as substantiated by supporting documentation/receipts. Reimbursable registration fees shall include only the employee or officer. i) Meals. The City shall reimburse Meals and Incidental Expenses(M&IE)at a rate not greater than the rates published by GSA for the county to which City-authorized travel is taken, in accordance with the following provision: 1. For attendance at out-of-town conference/seminars requiring more than a single day, employees and officers will usually be provided with a cash advance of the current GSA rates, or as subsequently amended by the City Council. Upon return, any unspent_monies„due to the prepayment_of,meals as_a,.part of registration 4 I Page Exhibit"A" expenses,shall be returned to the CITY. Reimbursements shall be provided based upon the current GSA rates, or as subsequently amended by the City Council, and shall be only for the employee or officer.Additionally,each employee or officer shall be provided an amount equal to the current GSA rate for incidental expenses j) Telephone calls,fax transmissions,and telegrams. Expenses are reimbursable when incurred in connection with CITY. These expenses must be itemized by purpose and receiver and verified by proper supporting documentation/receipts. Upon arrival at the destination, employees and officers shall be permitted a single telephone call to their residence as a means of notifying their family of their safe arrival. This cost shall be borne by the CITY up to a maximum time limit of three(3)minutes. k) Other expenditures. Any expenses other than those listed shall be itemized and substantiated by proper supporting documentation/receipts. Reimbursement for expenditures not strictly identified by this Personnel Policy shall require the approval of the City Manager or his designee. VIII. NON-REIMBURSABLE EXPENSES The City shall not reimburse expenses for the following: • Alcoholic beverages. • In-room movies or pay television. • Theater tickets or nightclub entertainment. • Laundry. • Babysitting. • Related expenses of spouse, children and other persons accompanying the authorized employee/official. • Pleasure,historic or other tour related expenses.Expenses for business related tours would be reimbursed. • Donations and gifts made while at training,conference,or meeting. • Loss or damage of personal items. • Meals for other conference attendees. • Purchase of personal items. • Any parking or moving violation fines. • Any personal or pleasure travel while on City business. IX. GENERAL Costs of medical service and supplies incurred while on travel status are not to be included on the Travel and Expense Summary. Such costs, however, are subject to reimbursement under the CITY's medical insurance coverage or worker's compensation in accordance with the provisions of these plans. X. COMPENSABLE TRAVEL TIME In accordance with the Portal-to-Portal Act and the Fair Labor Standards Act established by the Department of Labor, it is the intent of the City of Nederland to clarify 5 I Page Exhibit"A" compensable travel time guidelines for CITY employees. The principles which apply in determining whether or not time spent in travel is work time depend upon the situation and the kind of travel involved: a) Home to work;ordinary situation;daily commute Time spent traveling to and from the actual place of performance of the principal activity which such employee is employed to perform is not compensable travel time. An employee who travels from home before his regular workday and returns to his home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment and therefore the regular daily commute to and from work is not considered compensable work time. b) Home to work in emergency situations There may be instances when travel from home to work is work time. For example, if an employee who has gone home after completing his day's work is subsequently called out at night to perform an emergency job,all time spent on such travel is working time. c) Home to work on special one day assignment in another city An employee who regularly works at a fixed location may be given a special one day assignment in another city. Travel to another city cannot be regarded as ordinary home- to-work travel if it was performed for the employer's benefit to meet the needs of the particular and unusual assignment. However, the amount of time it takes for the employee's normal everyday commute and meal time may be deducted and not counted as work time. d) Travel that is all in a day's work Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated place to the work place is part of the day's work, and must be counted as hours worked regardless of contract,custom,or practice. e) Overnight travel out-of-town Travel that keeps an employee away from home overnight can be compensable work time but a few rules do apply. All hours spent traveling on the same day of the assignment are compensable work hours. The travel time is not only hours worked on regular working days but also during the corresponding hours of non-working days. Thus, if an employee regularly works 8 a.m. to 5 p.m. Monday through Friday, time spent traveling during these hours is work time on Saturday and Sunday as well. The ---DOL•-•has-•created--some-disparities--in-how-the-out of-town-travel-is-c6ompenpasated J Exhibit"A" Employees traveling on the same day of the assignment are paid for all the time spent traveling. By contrast, employees traveling the day before the work assignment are paid only for the travel time that occurs during their regular hours of work. f) Travel time as a passenger Occasionally more than one employee may be traveling to the same project or event out of town together. Any time spent traveling as a passenger on normal working days during regular working hours are considered hours worked and are compensable. Any time spent traveling as a passenger outside of regular working hours and and/or on non-working days are not considered hours. Xl. EXCEPTIONS Travel and/or moving expenses involving applicants or new employees may be reimbursed by approval of the City Manager or his designee. The approval of these types of expenses shall be determined on a case-by-case basis and shall be approved in advance. Any exceptions will be subject to approval by the City Manager. The City Manager may also, on a case-by case basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In such instance, a detailed, written explanation and substantiation(a receipt)is required. This policy overrides the Travel and Subsistence policy found in the City Personnel Policy and any other conflicting SOPs,policies,etc. XII. Deviations to this policy may only be approved by the City Council. 7 I Page