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Board staff clarifies statutory per‑diem: $100 per day payable for any day spent on board duties
Summary
Executive Officer Anthony Lum told the board that, under Business and Professions Code section 103, members are entitled to a $100 per‑diem for each day spent performing official duties (even for a single hour); staff will create tracking sheets and can make payments retroactive to the start of the fiscal year if the board requests it.
The board received a staff clarification March 28 on statutory per‑diem payments for board members. Executive Officer Anthony Lum reported he consulted DCA Office of Human Resources and found the per‑diem is set in law: "The per diem is a $100 per day, period," he told the board during the discussion.
Lum said the per‑diem should not be prorated by hours; a member who performs official board duties on a given day — even for an hour — is entitled to the $100 per‑diem. He proposed staff will create a tracking sheet for members to record days performing board duties and will implement reimbursements; he said the board could authorize retroactive payments to the start of the fiscal year if it wishes.
Board members raised budgetary and audit concerns (including potential incentives to fragment work into single‑hour days). Lum told the board the line‑item budget could absorb modest increases and that staff will provide an implementation plan. Members asked staff to include auditing and reporting language in the board manual updates.
Next steps: staff will prepare a per‑diem tracking and payment process, propose manual language updates, and return with budget and audit language as needed.
