(a) Purpose. In order to conduct Village business in a more efficient manner, the Village has granted authority to certain employees and officials to utilize Village credit cards for certain purchases. The purpose of this policy is to supplement the purchasing policy set forth in Section 613 of the Personnel Policy Manual, to comply with the mandates of H.B. 312 and Ohio Revised Code Sections 9.21 and 717.31, and to set forth guidelines and procedures regarding the proper use of Village credit cards. This policy is not intended to replace applicable state law, but is intended to comply with current state laws and establish more efficient, clear guidelines for elected officials and other employees using Village credit cards. Utilization of a Village credit card for personal use, in an unauthorized manner, or for the purchase of any item or service not directly related to such official's or employee's public duty will constitute a violation of this policy, may result in disciplinary action up to and including termination of employment, may violate Ohio Revised Code Section 2913.21, and, in some instances, could constitute a crime. Accordingly, all purchases made with a Village credit card must be in accordance with these guidelines and state law.
(b) Definitions. For purposes of this policy, "credit card account" means any bank-issued credit card account, store-issued credit card account, financial institution-issued credit card account, financial depository-issued credit card account, affinity credit card account, or any other card account allowing the holder to purchase goods or services on credit or to transact with the account, and any debit or gift card account related to the receipt of grant moneys. "Credit card account" does not include a procurement card account, gasoline or telephone credit card account, or any other card account where merchant category codes are in place as a system of control for use of the card account.
(c) Guidelines and Procedures.
(1) The following persons are authorized to carry a credit card and/or to make purchases utilizing a Village credit card account: (i) the Mayor; (ii) the Chief of Police; (iii) the Fire Chief; and (iv) the Service Director. The Mayor shall be permitted to designate his administrative assistant or any Member of Council to make purchases under a Village credit card account. The Mayor shall notify the Fiscal Officer of any such authorization given by the Mayor to the administrative assistant or Member of Council. The Fiscal Officer will verify the Mayor's authorization prior to processing any payment for credit card charges made by the Mayor's administrative assistant or members of Council. No other employees or officials are permitted to make any purchases utilizing a Village credit card or Village credit card account, unless specifically set forth in this policy.
(2) Use of a Village credit card or credit card account shall be subject to the Village's spending limits as set forth in Section 613 of the Personnel Policy Manual, entitled "Purchasing Policies."
(3) Each and every Village credit card or other instrument of presentation shall bear the name of the Village of Newburgh Heights.
(4) Any Village credit card account shall have a maximum credit limit of an amount not to exceed twenty-five thousand dollars ($25,000.00).
(5) The following shall be considered authorized purchases with respect to which a credit card may be used:
A. Supplies, including, but not necessarily limited to, office supplies;
B. Equipment, tools, machinery, hardware and accessories;
C. Clothing or gear necessary to perform ordinary and necessary job functions;
D. Meals, lodging and/or travel expenses;
E. Food items, including, but not limited to, purchases for celebrations (e.g. retirement), fire house groceries, Thanksgiving meals, employee holiday celebrations;
F. Gasoline;
G. Purchases from GovDeals.com or other governmental public auction websites;
H. Ordinary and necessary purchases for the day-to-day operations of the Village;
I. Emergency purchases necessary to protect Village property;
J. Education and training materials;
K. Purchases of items on the internet or from other approved sources with respect to which a city check is not accepted or practical.
(6) The following actions or omissions by an officer or employee shall qualify as misuse of a credit card account:
A. The use of a Village credit card for expenses beyond those authorized by Council in Personnel Policy Manual Sections 613 and 614;
B. The use of a Village credit card for personal expenses or any non-Village-related expenses;
C. The use of a credit card for any cash withdrawal, cash advance, ATM withdrawal, check or money order;
D. The use of a credit card without authorization;
E. Failure to provide supporting documentation in the form of detailed receipts for any credit card purchase;
F. Theft;
G. Unauthorized use by any employee or official who does not have authority to use the Village credit card account;
H. Purchases or transactions made with the intent to circumvent the Village purchasing policy, transactional limits, or applicable law;
I. Purchase of alcohol or liquor of any kind.
(7) Any credit card user shall submit detailed receipts to the Fiscal Officer as soon as possible, but in no event more than fifteen (15) days after the purchase. The Fiscal Officer shall match the given receipts to the applicable credit card billing statement and shall maintain such records in an organized and accessible fashion. In the event that receipts are not turned in on a timely basis pursuant to the terms of this policy, and the Village is subjected to any late fees or interest charges as the result of non-payment, the official or employee may be personally liable for payment of or reimbursement to the Village for said late fees or interest charges.
(8) Acquisition of any new credit card, issuance of any credit card, and reissuance of any credit card shall occur only upon the agreement and consent of the Mayor and Fiscal Officer. Notice of any new credit card (including any acquisition, issuance or reissuance) shall be given promptly to the Compliance Officer and to Council. Council designates the Fiscal Officer as the administrator of the Village's credit cards. The Fiscal Officer shall:
A. Serve as liaison between the Village's cardholders and the issuers of such cards;
B. Maintain the cardholder agreements for all cardholders;
C. Provide instruction and assistance to cardholders, as necessary;
D. Maintain account information and secure all cardholder information;
E. Work with the Compliance Officer to ensure that all card accounts are being utilized in compliance with this policy and applicable state law;
F. As necessary, define the Village's policy and procedures for proper documentation and storage of receipts, logs and approvals as required by this policy;
G. Identify any changes to named persons authorized to use a government credit card;
H. Provide documents to the Compliance Officer upon request; and
I. Perform any other duties that may be assigned by Village Council from time to time.
(9) A credit card account may be cancelled at any time by either the Mayor or the Fiscal Officer, each having first obtained consent from the Village Solicitor.
(10) Any lost or stolen credit card, or suspicious, unauthorized or fraudulent activity in connection with any credit card account shall be reported immediately to the Fiscal Officer. Upon receipt of information indicating any unauthorized or fraudulent use or a lost or stolen credit card, the Fiscal Officer shall immediately report to all appropriate parties including the issuer, compliance officer, and the Mayor, and take any and all steps necessary to either cancel the credit card account or reverse any unauthorized or fraudulent charges.
(11) The Village reserves the right to set-off any unauthorized purchases, expenses, late fees, costs or any other charges incurred due to any violation of this policy against any amounts owed by the Village to such official or employee, provided the Village will comply with all applicable wage and hour laws.
(12) Any Village employee or elected official who is either assigned a Village credit card or permitted to use a Village credit card will be required to sign an Acknowledgment of Receipt, attached as Exhibit A to Ordinance 2019-07, acknowledging receipt and understanding of this policy.
(13) The Village may not hold or utilize a debit card except for law enforcement purposes.
(14) The Fiscal Officer annually shall file a report with the Village Council detailing all rewards received based on use of the Village's credit card account.
(d) Compliance Officer.
(1) Council shall appoint a Compliance Officer to perform the following duties: the Compliance Officer and Council, at least quarterly, shall review the number of cards and accounts issued, the number of active cards and accounts issued, and cards' and accounts' expiration dates, and the cards' and accounts' credit limits.
(2) The Compliance Officer may not use a credit card account and may not authorize an officer or employee to use a credit card account. The Fiscal Officer is not eligible for appointment as the Compliance Officer.
(Ord. 2019-07. Passed 1-15-19.)