Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General DIANE EISENBERG Deputy Attorney General THE HONORABLE GEORGE C. RUNNER, JR., MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a city provide a vehicle allowance to its city council members in lieu of reimbursing actual vehicle expenses after such expenses are incurred? CONCLUSION A city may provide a vehicle allowance to its city council members in lieu of reimbursing actual vehicle expenses after such expenses are incurred. *Page 2 ANALYSIS We are asked whether a city may provide a vehicle allowance to members of its city council, rather than reimbursing the members for their actual vehicle expenses. The main difference between a vehicle allowance and a vehicle expense reimbursement is that an allowance is paid out in regular, pre-determined installments, while a reimbursement is paid out after an expense has been incurred, and in an amount corresponding to the actual expense. Three statutes — Government Code sections 1223 , 53232.2 , and 53232.3 — are central to our inquiry. 1 Section 1223 permits city council members to contract directly with the city for a vehicle allowance when the council…