I. RECOMMENDATION:
This was requested as a Future Agenda Item by Councilman Adkisson. This item is informational only as this request is not actionable as the City has a legal obligation to reimburse employees for mileage for City business.
II. BACKGROUND:
California Labor Code:
2802. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
(b) All awards made by a court or by the Division of Labor
Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.
(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.
III. DISCUSSION:
The City does not have a legal obligation to reimburse City Council members for mileage, but there is a concurrent item on the agenda stopping Council travel for the remainder of the fiscal year.
City staff does use a City vehicle for travel when available and practical.
IV. ALTERNATIVES:
V. FISCAL IMPACT:
None | | |