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Public Purpose Expenditures Department of Administration . Memorandum To: Hopkins City Council From: Jim Genellie Date: November 5,2002 Subject: Public Purpose Expenditures In July 2002 the Office of the State Auditor issued a repOli criticizing expenditures made by the City of Brooklyn Park. Among the expenditures the Auditor questioned were annual employee social events; employee gifts; and meal and food expenditures for city employees and officials. The Auditor's report did not say that the expenditures made by Brooklyn Park were illegal. The Auditor questioned whether all the city expenditures served a public purpose. According to the Auditor, "The courts have generally constmed 'public purpose' to mean 'such an activity as will serve as a benefit to the community as a body and which, at the same time, is directly related to the functions of government. " , The Auditor used a very strict interpretation of "public purpose" throughout her report. Relying on a . number of court cases and Attomey General opinions, the Auditor took the position that an expenditure does not serve a public purpose unless the expenditure is "absolutely necessary." Both the League of Minnesota Cities and the attorney for the City of Brooklyn Park have cballenged this interpretation. Tom Gmndhoefer, LMe General Counsel, wrote, "The courts have recognized that the detennination of what is a valid public purpose is an evolving concept and that great deference will be given to a local goveming body's decision that a particular expenditure is for a public purpose." Jim Thomson, City Attomey for Brooklyn Park, references comi cases which indicate that "a public expenditure is 'necessary' if the expenditure is 'reasonably necessary or convenient.' Absolute necessity is not required." The proposed Public Purpose Expenditure po !icy serves as a comprehensive list of these expenditures as well as a justification for the expendihlres. This policy will ensure that these expenditures have the explicit approval of the Hopkins City Council. . \Publ~c Purpose memo.doc . Public Purpose Expenditures Every City of Hopkins expenditure must be valid based upon the public purpose for which it is purchased and the specific or implied authority for the expenditure found in the City Charter and state statutes. The following items are deemed to meet the Council definition of public purpose expenditures, i.e. an expenditure authorized by law which is reasonably necessary and convenient in accomplishing the functions of the City. 1. Meals and Ref.'esbments. The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (e.g. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may add to the success of the meeting andlor event and create a more productive work force. The following items are deemed to meet the Council definition of public purpose expenditures in regards to food and meals. a. City business meetings in which the character of the meeting would involve predominately non-city employees. b. When they are part of a breakfast/lunch/dinner meeting for official city business . when it is the only practical time to meet and when it involves non-city employee participants (Le. business developers or business representatives). Only the expenses incuned by city employee(s) may be reimbursed. The City Manager may allow exceptions when deemed in the interest of the City. c. During non-routine, official meetings of the City Council, Commissions or Committees. d. When they are part of the structured agenda for a conference, workshop, seminar, or meeting in which the City Manager or a department director has authorized the employee to attend (this does not include routine staffmeetings). e. For depmiment-sponsored meetings, conferences or workshops where the majority of invited pmiicipants are not city employees. f. At department-sponsored events where registration fees are charged and the majority of invited participants are not city employees. 0- At meetings consisting ptimarily of city employees when the refreshment and/or O' meals are an integral pati of the event and are necessary to sustain the flow of the meeting and to retain the captive audience, and if the meeting is one of the following: 1) A division-wide annual/quarterly staff meeting for all employees; 2) A non-routine senior staff or organizational meeting; 3) With the exception of structured training sessions, for the purpose of this policy, the meetings desClibed shall be held no more frequently than . once per qumier. All meetings shall be scheduled to minimize inclusion of meals. I . h. During official meetings of the City Council, council committees, advisory boards/commissions, and task forces, when they are of a non-routine basis or when special events are held (i.e. as retirements or recognition). 1. Snacks and a dinner meal to be allowed for staff during perfonnance of election related duties on election day. J. Lunch for all members of oral board for candidate interviews when held. k. Police Depm1ment Command Staff Meetings and yearly staff retreat- food costs for meals and occasionally lodging if held out of area. I. Emergency Response Team-food and beverage during training once a month. Also. because emergency persOlmel are often called to perfonn for extended periods of times where refreshments are impOltant to duty perfonnance, firefighters, police officers and other emergency response personnel may be provided refreshments or food when it is deemed appropriate by the City Manager or Depmtment Director to assure the delivery of quality emergency response servIce. 2. Community Recognition Events/Purchases. Community Image A wards (Plaque and gift certificate) - As part of its ongoing efforts and redevelopment, the City has undeltaken a program to recognize residents and businesses that make significant improvements to their propelties. These propeIty . owners are awarded a plaque and a gift ceJtificate. 3. Employee Recognition Events/Purchases. The City of Hopkins City Council recognizes the hard work and service perfonned by the employees of the City through a fonnaL Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees tlrrough an EmpLoyee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens oftbe community. The Employee Recognition Program is considered "additional compensation" for work perfonned by employees but is entirely dependent on receiving funding from year~to-year. No provisions ofthis policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any col1ective bargaining agreement. a. As refreshments for recognition or special one-time or once-per-year events when provided at modest level with prior City Manager approval, such as: I) Annual Employee Picnic 2) Annual Holiday Pal1y 3) Annual Employee Recognition Celebration 4) Police Department Recognltion diJll1er. Includes meals for all HPD . employees and a guest, City Manager, Mayor and Council. ') '- . b. AlUmal Employee Recognition Awards 1) Years of service awards for regular full and part-time employees recognized at 5-year intervals and are awarded at the Annual Recognition Event. Recognition gift purchases must be at a nominal cost not to exceed $175.00 depending on the number of years an employee has been with the City. 4. V olunteer Recognition events a. City Board and Commission Recognition - Expenditures include food and simple gifts. b. Police Reserve Dinner includes meals for reserve and a guest, coordinators, City Manager, Mayor and Council. Associated costs for awards that are presented. 5. Special Events a. Such as Raspberry Festival, National Night Out, and other events that involve or invite participation by the general public. b. Expenditures for meals and participation fees are allowed, and representative staff members may pmiicipate in events that directly benefit the marketing of the City. Such expenditures will be approved by the Hopkins Redevelopment Authority as Public Relations Expenditures pursuant to Minnesota Statute 469.101, Subd. 16. 6. Employee Training . Expenditures are allowed for reasonable registration, tuition and travel expenses for conferences, seminars, workshops, tuition and approved City employment-related course work in accordance with City of Hopkins PerSOlU1el Policy. 7. Employee Wellness Program The City Council recognizes the impOliance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the City's health insurance program. As such, the City Council supports the Employee Wellness Program, which has been designed to educate employees on fitness/health issues. The cost of the Employee WeIlness Program will be included as a separate line item in the City Budget. This line-item will be approved annually by the City Council as a pmi of the overall budget approval process which includes a public hearing on the proposed budget. 8, Memberships and Dues The City Council has determined that the City will fund memberships and dues in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City's resources and . advantages and not for personal interest or gain. 3 . The cost of memberships/dues is included in the departments' memberships/dues line-item in the Hopkins Budget. These line-items are approved annually by the City Council as a pmi ofthe overall budget approval process which includes a public hearing on the proposed budget. 9. Clothing and other Sundry items Employees may receive T-shirts, and other sundry items of nominal value ($5.00) when these items are made available to the general public or if these items are detennined by the City Manager to be impOliant to the successful involvement of employees in special city-sponsored or city-supported events (i.e. National Night Out, Raspberry Festival, etc.). Employees may be supplied with unifonns, clothing, boots and other gear necessmy for the perfonnance of their job. 10. Alcoholic Beverages The purchase of alcoholic beverages is not allowed. . . 4 -- -------- -- .---