[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 10-11-2006 by Res. No. 2006-113. Amendments noted where applicable.]
The purpose of this chapter is to set forth
procedures and maximum reimbursement levels for local travel, in-state
and out-of-state travel, and for obtaining advance payments and reimbursements.
The Board has in the past adopted maximum travel per-diem and mileage
rates in accordance with amended NMSA § 10-8-4. Compliance
with the Per-Diem and Mileage Act[1] and the regulations set forth by the New Mexico Department
of Finance and Administration is required for all travel using County
funds, including grant funds. In all cases, travelers are urged to
use good judgment when incurring travel expenses.
[1]
Editor's Note: See NMSA § 10-8-1
et seq.
This travel, per-diem, and mileage chapter applies
to elected officials, all departments, agencies, individuals, and
other users authorized to travel using public funds budgeted, administered
or controlled by, or otherwise under the supervision of, Doña
Ana County government. This chapter establishes policies, procedures,
and guidelines relating to travel, per-diem, and mileage.
The Director of Financial Services, under the
direction of the County Manager or his/her designee, shall have the
responsibility and authority to ensure that all provisions of the
Per-Diem and Mileage Act and this chapter are followed. The Director
of Financial Services shall be responsible for ensuring that all provisions
of this chapter and all other travel, per-diem, and mileage concerns
and activities of Doña Ana County are appropriate and consistent
with the most current state regulations and provisions of law.
A.
Elected officials and department directors are responsible
for:
(1)
Screening all travel requests to limit trips, the
number of employees traveling, points to be visited, itineraries,
and duration of the trips that are essential to the performance of
the department's mission.
(2)
Exercising control of travel expenses by keeping them
within established budget appropriations.
(3)
Examining travel destinations to ensure that elected
officials and employees travel to destinations that result in the
lowest cost to Doña Ana County (i.e., if there are similar
seminars, conferences, etc. scheduled throughout the year at various
locations, usually the location closest to Las Cruces will be the
least expensive).
B.
The Financial Services Department is responsible for
verifying and processing the travel forms in accordance with these
policies and procedures.
The Financial Services Director or his/her designee,
with the approval of the County Manager, is authorized to create,
distribute, and require the use of any form deemed necessary for the
execution and enforcement of the travel and per-diem policies and
procedures, that is consistent with the requirements and the intent
of these policies and procedures.
Any individuals authorized by department directors
or elected officials to travel utilizing public funds are required
to complete, prior to the travel, the appropriate travel and per-diem
forms and provide required documentation depending on the travel situation.
The individual asking for the travel request is responsible for providing
accurate information.
If any provision of these policies and procedures
are in conflict with any provision of state law or regulation, including
the Per Diem and Mileage Act,[1] then the provisions of state law or regulation shall control.
The Financial Services Director, in consultation with County Legal
Department, is authorized to interpret any provision of this chapter
that is vague or unclear under the circumstances presented, and may
provide a written interpretation of the provision, which shall be
implemented consistently by all departments and offices.
[1]
Editor's Note: See NMSA § 10-8-1
et seq.
The following procedures are intended to be consistent with Title 2, Chapter 42, Part 2, of the New Mexico Administrative Code (NMAC) issued by the Department of Finance and Administration.
[Amended 8-13-2024 by Res. No. 2024-97]
A.
Out-of-state travel approval. The County Manager must approve out-of-state travel for all County employees, except elected officials and employees of elected officials' departments as long as there is an approved budget for the travel. The County Manager or his/her designee may approve out-of-state travel for employees of the Fire Marshal's Office and volunteer fire departments. Elected officials may approve travel for themselves and for employees of the elected official's department. If elected officials or employees are requesting a travel advance for out-of-state travel, refer to § 111-10 of this chapter for procedures. The County Manager shall report to the Board of County Commissioners on a quarterly basis all out-of-state travel approved by the County Manager.
B.
Out-of-state travel approval for Sheriff's Department. Out-of-state
travel for investigations and/or transportation and extradition of
prisoners by law enforcement officers shall be approved at the discretion
of the Sheriff and within court order mandates (under NMSA § 4-44-18).
If travel is for transportation and extradition of prisoners, all
travel costs should comply with NMSA § 4-44-18, regulations
governing the Per Diem and Mileage Act under the New Mexico Administrative
Code § 2.42.2.1 et seq., and any locally adopted County
policy. Reimbursement for transportation and extradition-of-prisoner
forms as required should be completed and attached to completed request-for-reimbursement
travel forms. All other travel, including seminars, conferences, training,
etc., shall be governed by this section for procedures.
[Amended 8-13-2024 by Res. No. 2024-97]
The Board of County Commissioners delegates the authority under
the Per Diem and Mileage Act to approve advanced travel pay to the
County Manager, or designee, for all duly authorized and approved
in-state and out-of-state travel by County elected officials and County
employees. Under this resolution, the Board of County Commissioners
is also authorizing the County Manager, or designee, to approve actual
and per-diem travel advances.
A.
Advance payment of estimated travel expenses (exceeding $100 will
be paid 80% according to state statutes/County resolutions, subject
to change) may be made to an employee who submits an appropriate written
travel authorization (including the approval signatures of the department
head and the County Manager or his/her designee). A request must be
received by accounts payable in the Financial Services Department
complete with all signatures and attached approvals 14 days'
prior to the date of departure.
B.
When a travel advance is made for a trip, all persons (elected officials,
employees, nonemployees, and public officials) shall submit all receipts
within five days of return from the trip, and will refund any excess
advance payment in full along with the return travel authorization
form to the Financial Services Department. If return forms and any
payments due to the County are not completed as stated, the Financial
Services Department will process a deduction for the full amount from
the person's payroll check. Acceptance and understanding of this
policy is agreed to when the person signs the travel authorization
form.
C.
A return-from-travel authorization form must be submitted for advance
per-diem requests, including per-diem checks picked up after the trip
has occurred.
D.
Advances may be picked up no earlier than one working day before
the travel is to start.
A.
Partial-day per-diem rate. Elected officials or employees who occasionally
and irregularly travel shall be reimbursed for travel which does not
require overnight lodging, but extends beyond a normal workday in
accordance with the New Mexico Administrative Code § 2.42.2.8
and as published on the State Department of Finance and Administration
website in May for the preceding fiscal year.
[Amended 8-13-2024 by Res. No. 2024-97]
B.
"Occasionally and irregularly" means not on a regular
basis and infrequently as determined by the agency. For example, an
employee is not entitled to per-diem rates under this section if the
employee either travels once a week or travels every fourth Thursday
of the month. However, the employee is entitled to per-diem rates
under this section if the employee either travels once a month with
irregular destinations and at irregular times or travels four times
in one month and then does not travel again in the next two months,
so long as this is not a regular pattern.
C.
"Normal workday" means eight hours within a nine-hour
period for all elected officials and employees both salaried and nonsalaried,
regardless of the officer's or employee's regular work schedule. (NMAC
2.42.2.8.B.1)
A.
Overnight travel. Travel for elected officials and
employees where overnight lodging is required shall be reimbursed
in accordance with the New Mexico Administrative Code § 2.42.2.8
and as published on the State Department of Finance and Administration
website in May for the preceding fiscal year.
[Amended 9-27-2011 by Ord. No. 235-2011; 8-13-2024 by Res. No. 2024-97]
B.
Return from overnight travel. On the last day of travel
when overnight lodging is no longer required, partial-day reimbursement
shall be made. To calculate the number of hours in the partial day,
begin with the time the traveler initially departed. Divide the number
of hours traveled by 24. The hours remaining constitute the partial
day that shall be reimbursed as follows:
|
Travel Time
|
Reimbursement
| |
|---|---|---|
|
Less than 2 hours
|
$0
| |
|
2 hours, but less than 6 hours
|
$12
| |
|
6 hours, but less than 12 hours
|
$20
| |
|
12 hours or more
|
$30
|
[Amended 9-27-2011 by Ord. No. 235-2011; 8-13-2024 by Res. No. 2024-97]
A.
Actual per-diem expenses paid to County elected officials, employees,
public officials and nonemployees (as noted under NMSA §§ 10-8-1
to 10-8-7, and New Mexico Administrative Code §§ 2.42.2.1
et seq.) that are greater overall than the standard per-diem rate
may be reimbursed, in accordance with the New Mexico Administrative
Code § 2.42.2.9 and as published on the State Department
of Finance and Administration website in May for the preceding fiscal
year. Lodging expenses in excess of $215/night must be approved by
the County Manager or the applicable elected official.
B.
When standard per-diem is requested as advance travel pay, and, upon
return with receipts, it is evident that expenses incurred were greater
than the standard per-diem amount and are considered economically
practical, then actual expenses can be claimed with the approval of
the County Manager or his/her designee if all original receipts are
attached.
C.
When actual per-diem has been requested and approved, under no circumstances
can the per-diem be changed back to standard per-diem.
D.
Lodging will be paid at the single occupancy rate, with the exception
of when two persons on County business share one room. The person
receiving the per-diem for the lodging will be paid the double occupancy
rate. The County will not pay the double occupancy rate for family
or friends who room with the person receiving per-diem.
E.
The County will not pay for any extra days that do not pertain to
County business.
F.
Reimbursements for per-diem, mileage, expenses, academy training,
conferences, seminars and all other travel will be to the destination
most economical to the taxpayers of Dona Ana County.
[Amended 9-27-2011 by Ord. No. 235-2011; 8-13-2024 by Res. No. 2024-97]
A.
Elected officials, employees and nonemployees of Dona Ana County
shall be reimbursed for travel by private conveyance in the discharge
of official duties in accordance with New Mexico Administrative Code
§ 2.42.2.11.
B.
When a County gas credit card is used, the employee is required to
submit the gas receipt, the vehicle identification number and/or license
plate number with a request for payment form to the Financial Services
Department after it is approved and signed by the elected official
and/or department director. A County gas credit card should only be
used for County vehicles, not personal vehicles. If the employee misplaces
a credit card gas receipt, an affidavit may replace the receipt; however,
repeated use of affidavits (as determined by the Financial Services
Department) may result in disapproval of credit card usage.
[Amended 1-12-2010 by Res. No. 2010-06; 8-13-2024 by Res. No. 2024-97]
A.
Elected officials, employees and nonemployees performing County-related
business may be reimbursed for certain actual expenses in addition
to per-diem rates in accordance with the New Mexico Administrative
Code section 2.42.2.12.
B.
In addition to the above, restaurant and cab fare gratuities shall
be limited to no more than 20% of the allowable food receipts and
cab fares. Parking, baggage handling and other similar tips will be
limited to no more than $2 per tip.
A.
Per-diem, mileage and reimbursements will only be
made to the point that is most economical for the taxpayers of Doña
Ana County.
B.
County vehicles should be used for work-related travel
when applicable.
C.
Persons attending the same functions should try to
attend together to save mileage costs.
D.
Persons driving must have a valid driver's license
to travel on any County-approved functions.
E.
Mileage reimbursement for personal vehicles will only
be made when the travel distance is 30 miles or greater.
F.
In order to qualify for overnight lodging per-diem
rates, an employee must meet the following requirements:
G.
All per-diem forms submitted for travel must have
the County Manager's or designee's signature and must reference the
Commission meeting approval date as may be required. In addition,
supporting documentation, including itineraries, meeting agendas,
etc., must be included with the request.
H.
Elected officials, employees and nonemployees may
purchase their own airline tickets or car rental using their own credit
cards, or, may purchase airline tickets or car rental through the
County's Purchasing Department. The County will only reimburse the
elected official, employee or nonemployee the best obtainable rate
as verified by the County even if the elected official, employee or
nonemployee actually paid more.
I.
Registration fees shall not be included on the travel
authorization forms.
J.
Business-related phone calls may be reimbursed. Proper
documentation must be provided.
K.
All receipts submitted for reimbursement must be original
and contain the vendor or business name, date of purchase or delivery,
description of item and/or service, and total cost. Sales tax is only
paid for services rendered.
L.
Any person who is not a County employee, appointed
or elected official who is reimbursed in an amount that singly or
in the aggregate exceeds $1,500 in any one year shall not be entitled
to further reimbursement until such person furnishes in writing to
the County Commission an itemized statement, on each separate instance
of travel covered within such reimbursement, the place to which traveled
and the purpose served by such travel as per NMSA § 10-8-5.
[Amended 9-27-2011 by Ord. No. 235-2011]
M.
Every claim for reimbursement or travel advances of
per-diem, mileage or other expenses authorized by provisions of this
policy shall be submitted on the approved travel reimbursement forms,
and all procedures for administration of this policy shall contain
information as established and approved by the County Commission and
County Manager, consistent with the approved policy and as required
by New Mexico state laws, rules and regulations of the State Department
of Finance and Administration (DFA Rules 95 and 2.42.2).
N.
Any requests not completed on the required forms will
not be processed.
O.
Requests not completed with the required information
will not be processed.
P.
It is the responsibility of the department and individual
who receives funds to ensure that all information provided in relation
to a request for travel, per-diem or mileage is accurate.
Q.
Checks will only be released to the requesting individual.
R.
Non-advance travel requests and reimbursements will
be mailed if not picked up within 30 days. The recipient is responsible
for providing a correct mailing address to the Financial Services
Department.
S.
If authorizing someone else to pick up a check, a
signed affidavit with the name of the person being authorized to pick
up the check must be attached, with the signature of the person authorizing
the check to be picked up.
T.
Advance per-diem travel requests not picked up within
30 days will be voided.
U.
Per-diem travel requests and reimbursements must be
submitted within 30 days of travel or the date the expense was incurred.
V.
Temporary employees are not eligible for any County-paid
travel.
W.
Employees are not eligible for County-paid travel
or training until after they pass six months of employment. All training
or funding spent on any employee and accepted by an employee will
be deducted from the employee's payroll should his/her employment
terminate within one year of the training, with the following exceptions:
(1)
Sheriff's deputies sent for certification must be
employed for a minimum of six months after the training/certification.
The cost of travel and training will be deducted from the employee's
payroll should his/her employment terminate within one year of the
training.
(2)
Contract and/or grant employees' travel will be allowed
in accordance with the contracts and/or grant requirements only.
X.
Any employee who knowingly authorizes or who knowingly
accepts payment in excess of the amount allowed by the Per Diem and
Mileage Act or in excess of the amount authorized by this chapter
and the governing board pursuant to NMSA § 10-8-5 is liable
to the County in an amount that is twice the excess payment in addition
to possible personnel action, up to and including termination from
County employment, and legal action authorized by law.
