Opinion No. (2004)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE HONORABLE KENNETH B. DAPEER, SOUTH EL MONTE CITY PROSECUTOR, has requested an opinion on the following question: May a city council reimburse a council member for actual and necessary expenses incurred in attending the Governor's inauguration? CONCLUSION A city council may reimburse a council member for actual and necessary expenses incurred in attending the Governor's inauguration if the council member performed official duties while at the inauguration. ANALYSIS Government Code section 36514.5 1 authorizes members of city councils to be reimbursed for certain expenses: "City councilmen may be reimbursed for actual and necessary expenses incurred in the performance of official duties." We are asked whether a city council member's attendance at the inauguration of the Governor would qualify as "the performance of official duties" for purposes of expense reimbursement under the terms of section 36514.5. We conclude that it may, depending upon the particular circumstances. Here, we may assume that the expenses are incurred by and for the council member alone, that they are reasonable in cost, and that they are…