For the purposes of this Article, the following definitions will apply:
(a) Headquarters. Headquarters shall be established by the appointing power for each state officer and employee and shall be defined as the place where the officer or employee spends the largest portion of his/her regular workdays or working time, or the place to which he/she returns upon completion of special assignments, or as the Department of Personnel Administration may define in special situations.
(1) Where an office building or similar definite place constitutes the employee's headquarters, no per diem expenses shall be allowed at any location within 50 miles of said headquarters as determined by the normal commute distance.
(2) Where the major portion of an employee's working time is spent within a specifically assigned or limited geographical area, such as a patrol area or beat where the same routes are traveled frequently and routinely on one-day trips, no per-diem expenses shall be allowed at any location within 50 miles from any point in this assigned area as determined by the normal commute distance.
In order to insure equity in special cases, agency heads may disregard this subsection and authorize individual claims based on subsection (1) of this rule.
(3) In cases where adherence to the 50-mile limitation creates an unusual and unavoidable hardship to the officer or employee, exceptions may be granted by the appointing power.
(4) Employees on travel status for less than 24 hours may claim subsistence expenses incurred before, during, or after the regularly scheduled workday in accordance with Section 599.619(a).
(b) Residence. A place of primary dwelling shall be designated for each state officer and employee. A primary dwelling shall be defined as the actual dwelling place of the employee which bears the most logical relationship to the employee's headquarters and shall be determined without regard to any other legal or mailing address. However, if an employee is temporarily required to dwell away from his/her primary dwelling place due to official travel away from headquarters, and said primary dwelling is either inhabited by his/her dependents or is maintained by the employee at a net monthly expense in excess of $200, such dwelling place may be continued as the employee's designated primary dwelling.
(1) No reimbursement for per diem or other subsistence expenses shall be allowed on the premises of an employee's primary dwelling.
(2) An employee shall have only one dwelling at which travel expenses are prohibited.
(3) When an employee maintains more than one dwelling, meeting the definition of residence set forth in Section 599.616.1(b) and the employee is required to officially travel to the location of the secondary dwelling, he/she may claim reimbursement for actual expenses incurred for meals and incidentals as defined in Section 599.619(a) and in accordance with the rates and timeframes stated therein for short-term travel, or as defined in Section 599.619.1(b) for meals while on a long-term assignment.
(c) Travel Expenses. Travel expenses include:
(d) Business Expenses. Business expenses consist of the charges for business phone calls and telegrams; emergency clothing, equipment or supply purchases; and all other charges necessary to the completion of official business. Any emergency purchase shall be explained, and if over $25 must be approved by the department head, deputy, or chief administrative officer.
(e) Protective Services. A member of the California Highway Patrol assigned as provided by Government Code Section 14615 may claim subsistence allowance for in-state travel as follows:
(1) If expenses are actually incurred by the employee as a result of traveling with the protected individual exceed the maximum meal and lodging rates authorized in 599.619 for in-state travel, the employee may claim their actual expenses by providing receipts.
(2) Any expense claim submitted under (1), must contain a certification by the Commissioner of the California Highway Patrol naming the individual being protected and verifying that the travel expenses were incurred while the claimant was assigned to protect said individual.
(3) Claims submitted under this section shall not be subject to the limitations of Section 599.616.1(a).
(f) Long Term Assignment. Any assignment of 31 days or more to a given location other than headquarters. A Long Term Assignments is typically given for a project status job that requires the extended presence of an employee for a period in excess of 31 days but is not considered permanent due to the temporary nature of the assignment, the appointment, or scheduled completion date of the project. The employee's return home for weekends or incidental short term travel to another location does not break the continuity of a long term assignment.
Note: Authority cited: Sections 19815.4(d), 19816, 19820(a) and 19849.5, Government Code. Reference: Sections 11030 and 14613, Government Code.
Current as of 08/25/06
