Albright

Appellant, a taxpayer in the City of South San Francisco, filed an action to enjoin the city’s practice of paying councilmen and the mayor $50 and $75, respectively, per month as reimbursement for miscellaneous unitemized expenses incurred in the performance of their official duties. These flat sums were paid in addition to any itemized expenses for which individual officers would file particular claims. The flat claims were prepared monthly by the city clerk and signed by the claimants. They were processed, approved and ordered paid as a package along with all other claims presented at regular council meetings. The complaint also sought accounting and *869 reimbursement of the city treasury for all sums received by the officers involved since 1958. Depending upon length of service of individual officers, these sums vary from $9,575 down to $1,350. Attorneys’ fees were also prayed for.

The practice apparently arose in 1958 when the amounts were $30 and $50 per month. It has continued until the filing of this action. Until appellant protested the practice, there was no resolution or ordinance fixing these amounts or providing for their payment. Therefore, we are not faced…

I concur with the majority opinion. Since it would impose an impossible and inequitable burden on defendants to attempt to reconstruct past petty expenses by itemization, I would further direct the trial court, or such referee as he might appoint, to follow any accepted accounting procedures which would allow the trial court or accountant to use an averaging method to determine petty expenses. Such procedure, of course, would not apply to the requirement of a detailed accounting of expenses claimed in the future.