SUPREME COURT OF APPEALS OF WEST VIRGINIA
Travel Policy and Standards
Finance Division

Introduction
This document prescribes the fiscal rules for travel paid by the Supreme Court of Appeals of
West Virginia (“the Court”).
Accordingly, while patterned in large part after the State of West Virginia Travel Rules, this
document establishes a distinctive set of policies, procedures, and guidelines for travel by all
employees of the Court, including all Judicial Officers and Employees of Circuit Courts,
including Probation Officers, Family Courts, Magistrate Courts, the Administrative Office,
Board of Law Examiners, Office of Disciplinary Counsel, Judicial Investigation Commission,
and, other individuals who are authorized to seek reimbursement from the Court for travel and
travel-related expenses.
To the extent these rules fail to provide adequate guidance in addressing or resolving a specific
problem or question, the Administrative Director and Chief Financial Officer shall address the
matter and with the approval of the Court, and establish the fiscal rules to be followed in these
special situations.
1.

Scope, Authority, and Definitions.
1.1
Scope. This Travel Policy and Standards document establishes the policies,
procedures, and guidelines for travel by all employees of the Court, including all Judicial
Officers and Employees of Circuit Courts including Probation Officers, Family Courts,
Magistrate Courts, the Administrative Office (“AO”), Board of Law Examiners, Office of
Disciplinary Counsel, Judicial Investigation Commission, and, other individuals who are
authorized to seek reimbursement from the Court for travel and travel-related expenses.
The rules set forth in this Travel Policy and Standards are designed to be a guide to a
variety of situations, but are not designed to encompass all circumstances that might
arise. From time-to-time individual circumstances may warrant a case-by-case review
and determination as to how the rules apply in a given situation.
Violations of this Travel Policy and Standards may give rise to grounds for immediate
corrective action, also on a case-by-case basis.
1.2
Authority. The Court establishes this Policy/these Rules pursuant to the
Authority granted in West Virginia Code § 12-3-11.
1.3

Definitions.

(a)
“Commuting” is travel between the home residence and the regular place of
work. Under no circumstances are the costs incurred in commuting considered
reimbursable Court business expenses. NOTE: Reimbursement for Commuting
Effective Date: 2018-06-26
Revision Date: 2019-01-31
Review Date:
2019 01-31

 expenses, approved on an exception basis, such as in Section 10.1, is considered taxable
income to the recipient.
(b)
“Employee” is used throughout these Rules to reference a West Virginia Judicial
Employee.
(c)

“FMO” refers to the State of West Virginia Fleet Management Office.

(d)

“Ghost Account” means the State Travel Card Program.

(e)

“Headquarters (Work Situs)” is the official work location.

For employees of local courts throughout the State of West Virginia, the
Headquarters/Work Situs is the county courthouse or related facility where the
employee reports to work on a regular/daily basis.

For AO employees, the Headquarters/Work Situs is either the State
Capitol or City Center East (“CCE”), as designated where the employee reports to
work on a regular/daily basis.

All Judicial Officers and Employees must be assigned to a single specific
Headquarters/Work Situs, except as noted otherwise in these Rules.

Probation officers may be assigned to multiple location/county
responsibilities, and in these situations, are deemed to have more than one regular
place of work/Headquarters/Work Situs, each of which shall be used as the home
base for travel within the appropriate jurisdiction.

As a general rule, a personal residence cannot serve as a
Headquarters/Work Situs, with the exception of specially designated positions
that do not have a designated regular work location, such as Senior Status Judges
and certain designated temporary and other employees on a case-by-case basis.

For Judicial Officers that travel on a regular basis, the county of residence
determines the Headquarters/Work Situs. (See also Section 10.1 of these Rules).

(f)
“Judicial Officer” is used throughout these Rules to reference elected officers
such as Circuit Court Judges, Family Court Judges, and Magistrates.
(g)
“Purchasing Card” means the payment account issued by the financial
institution and administered by the State Auditor to make payment for transactions.
(h)
“Reimbursable mileage” for Court business travel shall be calculated for
reimbursement purposes from the Headquarters/Work Situs to the Court business travel
destination and back, including any miles from remote Court business location to
location. In particular travel situations, a manager may deem that the point of travel
commences from the Employee’s/Traveler’s place of residence rather from the
Headquarters/Work Situs when the miles from the place of residence to the destination
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 would be less than the miles from the Headquarters/Work Situs to the Court business
destination.
(i)

“Rules” mean these Travel Rules.

(j)
“Temporary Assignments” are assignments that actually last or are anticipated
to last for twelve (12) or fewer months.
(k)
“Travel Authorization” is the form/format approved by the AO that is to be used
for approving travel under these Rules whether in an electronic travel management
solution or on paper.
(l)
“Travel Expense Account” is the form/format approved by the AO for use by the
Traveler to submit and/or settle all travel related expenses incurred pursuant to these
Rules. Travel Expense Account forms can be used in electronic or paper formats.
(m)
“The Traveler” is a West Virginia Judicial Employee, approved consultant,
appointed board member, or anyone approved and authorized to travel on Court business.
All approved travel for Court business is subject to reimbursement in accordance with
these Rules. Throughout these Rules, a West Virginia Judicial Employee may also be
referenced as “Employee/Traveler” in instances where the provision applies only to this
category of Traveler.
(n)
“Travel Status” is defined as the authorized period of travel time away from the
official workstation commencing with the time of departure and ending with the time of
return.
2.

Travel Authorization and Reimbursement Process.
2.1

Travel authorization.

(a)
The Court delegates the authority to manage, approve, or disapprove travel and
travel-related expenses to the Administrative Director and/or the Chief Financial Officer.
This authority may be revoked by the Court as it deems appropriate.
(b)
Travel may be authorized only for official Court business and only if the Court
has the financial resources to reimburse the Traveler for travel expenses.
(c)
The Court may develop administrative policies and procedures consistent with
these Rules to provide additional guidance to employees and others traveling on behalf of
the Court.
(d)
Travel expenses will be reimbursed for legitimate and reasonable expenses
considered necessary for the proper conduct of Court business in accordance with these
Rules.
(e)
The Traveler is considered in “travel status” when he or she is traveling on behalf
of the Court, which includes leaving his/her assigned official Headquarters/Work Situs
location to perform duties at other locations.
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 (f)
Routine travel in the course of meeting day-to-day work responsibilities does not
require advanced approval. Non-routine travel requires the advanced approval of the
Traveler’s immediate Division Director. Out of State travel must be approved by the
Chief Justice.
2.2

Travel Reimbursement.

(a)
The Traveler must complete the Travel Expense Account form, accounting for all
expenses incurred for the travel. The Travel Expense Account form can be accessed
through the Court Intranet site. The Traveler shall follow these Rules in completing the
Travel Expense Account form. All necessary receipts and related documents must
accompany the completed form.
(b)
The Traveler must submit a Travel Expense Account form as soon as is possible,
preferably no later than one (1) month and in no case longer than three (3) months
following the conclusion of the travel event.
(c)
Once the Traveler completes the form, and attaches all of the necessary receipts,
the Traveler submits the packet to the direct supervisor or Division Director for review
and preliminary approval. Once the direct supervisor or Division Director approves and
signs the Travel Expense Account form, the packet is forwarded to the Chief Financial
Officer for processing. As a matter of course, the Chief Financial Officer (or a designee)
will secure the approval of the Administrative Director (or a designee) and finalize the
Travel Expense Account processing in accordance with these Rules.
(d)
All required receipts must be valid, itemized, authentic receipts issued by the
vendor or service provider as documentation for the transaction. When an acceptable
form of receipt is not available, the Traveler shall create, in paper or electronic form, an
itemized list reflecting the goods or services purchased, vendor name, date of purchase,
and price.
(e)
All Travel Expense Account forms must contain the original or digital signature
of the Traveler, direct supervisor or Division Director, and the Administrative Director
(or a designee) and/or Chief Financial Officer (or a designee) in order to be processed.
(f)
Each Court Division is responsible to audit individual Travel Expense Account
forms prior to submission to the Finance Division for processing and payment. The
Finance Division under the leadership of the Chief Financial Officer to the best of its
ability and within reason further audits Travel Expense Account forms received and
submits only accurate and complete Travel Expense Account forms to the State Auditor’s
Office for payment.
(g)
Upon processing a Travel Expense Account form, the State Auditor’s Office shall
deposit the reimbursement into the Traveler’s designated account on file. The individual
Traveler must complete the appropriate form in order to receive timely deposit of
reimbursements directly into the designated account. Otherwise, payments shall be
processed by paper check, which may take considerably longer.

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 (h)
As a general rule, the value of reimbursable items as detailed in these Rules is not
considered taxable income to the Employee/Traveler. See exceptions at Section 10.
(i)
Any Travel Expense Account Form about which the Administrative Director
and/or Chief Financial Officer has granted an exception, waiver, or deviation, shall be
processed separately from those reports that do not have exceptions, waivers, or
deviations. The need for specialized audit review may result in longer processing times.
2.3

General.

(a)
Reimbursement of travel expenses incurred by consultants, contractors and nonemployees, such as those traveling for interview purposes, will be in accordance with
these Rules, unless otherwise specified in the purchase order or contract with the Court
and/or State of West Virginia.
(b)
Reimbursement of travel expenses paid from federal, state, and private grants
shall be governed by the terms and conditions of the grant if they differ from those
contained in these Rules; otherwise, these Rules shall govern the reimbursement.
(c)
The Traveler must use state contracts for travel services, or deal directly with the
service vendor. The Traveler is not permitted to use third-party booking sites, such as
Travelocity, Orbitz, etc. The Traveler is personally responsible for submitting all
required, valid receipts for travel to his/her Purchasing Card Coordinator for expenses
paid by a Purchasing Card, if/as applicable.
3.

Travel Advances.

On August 29, 2018 the Office of the State Auditor issued a memo to all State agencies
regarding the issue of travel cash advances. This memo stated that effective September 1, 2018,
the State Auditor would no longer approve travel advances, with the rare exception of a hardship
that had to be submitted in writing to the State Auditor’s Office at least 10 days prior to the date
of travel.
Therefore, employee travel advances will be considered on a very limited basis, and only for
anticipated meal and mileage expenses. The traveler will be required to make all travel
arrangements, to the extent possible, on a direct bill basis. This includes the Traveler arranging
direct billing for hotel, air transportation, and related arrangements.
4.

Meals
(a)
Reimbursement for meal expenses requires the Traveler to experience overnight
travel/lodging outside of the Traveler’s Headquarters county. The travel must be for
legitimate Court business. Proof of the overnight stay is required in order for the
Traveler to receive meal expense reimbursement. The Traveler should request the
hotel/motel folio upon check-out and submit it with the Travel Expense Account form in
order to secure reimbursement for meal expenses. See below for situations that are not
encompassed by this Rule.

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 (b)
Meal reimbursement is made on a per diem basis, not to exceed the maximum
amount established by the federal government. The standard is the Authorized Daily
Rate established by the US General Services Administration (“GSA”), accessible at
http://www.gsa.gov/portal/content/104877. The Traveler should note that the maximum
per diem GSA rate includes expenses for meals, service, gratuities, tips, and other
incidental expenses, such as transportation between places of lodging, business, and
places where meals are taken, and these incidental expenses are NOT separately
reimbursable.
(c)
The Traveler does not need to submit actual meal receipts with a completed
Travel Expense Account form in order to receive reimbursement for meals, provided the
Traveler follows the standards detailed in these Rules. If the Traveler incurs meal-related
expenses in excess of the maximum per diem GSA rate, or encounters an extraordinary
circumstance, and elects to request reimbursement, then the Traveler would have to
submit all receipts, including for meals, in order to be considered for special approval in
excess of the maximum per diem GSA rate. Only the Administrative Director is
authorized to approve any exceptions to the maximum per diem GSA rate.
(d)
The Court will not under any circumstances reimburse the Traveler for alcohol
and entertainment expenses.
(e)
Meal expenses for the first and last days of travel on a multi-day, overnight trip
shall be reimbursed at a rate of seventy-five percent (75%) of the per diem GSA rate.
The date and time of departure and return are not considered. The Traveler may round
the calculated amount up to the next whole dollar where a percentage of the maximum
daily rate applies.
(f)
If travel is wholly within a single day with no overnight travel, the Court will not
issue reimbursement for meals. There are limited exceptions to this rule pursuant to state
statute and/or as provided in these Rules, including that with the advanced approval of
the Administrative Director, meal expenses for an individual day, with no overnight
travel, may be reimbursed if the Traveler is in travel status for more than twelve (12)
hours in a 24-hour period. The meal reimbursement in these situations is seventy-five
percent (75%) of the applicable per diem GSA rate. The Traveler must note the date and
time of departure and return with specificity on the Travel Expense Account form. In
these instances, the Traveler may round the calculated amount up to the next whole dollar
where a percentage of the maximum daily rate applies.
(g)
If the cost of meals is included in conference and/or registration fees, the Court
shall not separately reimburse the Traveler for such meals. In addition, the value of the
meal(s) shall be deducted from the GSA rate.
(h)
If a complimentary meal is provided, such as through a common carrier or by a
hotel/motel, at no cost, the Traveler is not eligible to seek reimbursement for such meals.
In addition, the value of the meal(s) shall be deducted from the per diem GSA rate.

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 (i)
If the Traveler attends a Court-sponsored conference, banquet, or event,
regardless of location, and is charged for a meal, the Traveler may include the value of
that meal on the Travel Expense Account form for reimbursement.
(j)
The costs of all coffee breaks and/or refreshments at Court-sponsored
conferences, banquets, or events, will be paid directly by the Court and the value of these
items shall not reduce the meal allowance for the Traveler participating in these
functions.
(k)
The Administrative Director or Chief Financial Officer, at his or her discretion,
may require the Traveler to maintain individual meal receipts, and nothing in this section
shall prevent the Court from reimbursing for the actual cost of a meal up to the
established rate for the location in which the meal was purchased.
5.

Transportation.
5.1

General.

(a)
To receive reimbursement for ground transportation from the terminal (air or any
common carrier) to/from the destination lodging site, the Traveler must complete a
Travel Expense Account form and present it for approval with any original receipts for
such transfer/ground transportation.
(b)
When the Traveler uses courtesy transportation as provided by a hotel, motel, or
other service facility/entity, the Traveler shall not be eligible for reimbursement for such
courtesy service. The Traveler is encouraged to use such transport.
(c)
The Traveler can request reimbursement for taxi, bus, and other forms of public
transportation. Receipts are not required if under the limit authorized by the State Travel
Management Office, which is currently seventy-five dollars ($75).
(d)
The Traveler may travel by the common carrier of choice, including air, rail, or
bus, provided the Traveler choses the least expensive logical fare via the most direct or
other reasonable route that results in the lower fare. When booking rail transport service,
the Traveler shall make advance bookings for rail service through the Statewide Contract
for Travel Services using the least expensive logical fare via the most direct or other
reasonable route that results in the lower fare.
5.2

Commercial Air Travel.

(a)
The preferred method of reserving air transportation shall be through the directbill arrangement established by the Administrative Office. Information about the direct
billing arrangement is available through the Administrative Office Finance Division
and/or the Chief Financial Officer. (Current direct-bill vendor is National Travel, June
2018). In all instances, air travel arrangements shall be made by the least expensive
airfare possible, via the most direct route of travel, or a reasonable route if it results in a
lower fare.

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 (b)
In the event that the Traveler directly makes an air travel reservation, the Court
will reimburse the Traveler for the actual cost for the least expensive logical airfare via
the most direct route, or a reasonable alternative route if it results in a lower fare. In
order to receive reimbursement for the purchase of an air travel ticket, the Traveler must
complete a Travel Expense Account form in accordance with these Rules and present it
for approval with the original receipt for the purchase.
(c)
In all instances, air travel arrangements shall be made by the least expensive
airfare possible, via the most direct route of travel, or a reasonable route if it results in a
lower fare.
(d)
Electronic Tickets (“E-tickets”) are the industry standard and are issued
automatically unless a paper ticket is specifically requested by the Traveler. Costs for
obtaining paper tickets are not reimbursable. E-tickets are sufficient for traveling and
reimbursement.
5.3

Inappropriate Traveler Behavior.

(a)
The Traveler may not deliberately cause increased costs or delays to obtain
personal gratuities, such as denied boarding compensation, frequent flier points or
mileage or other benefits. Conversion of airline tickets for personal benefit, such as
downgrading tickets, returning unused ticket for cash, credit, or personal airline tickets or
other similar action is prohibited.
(b)
The Traveler may not specify a particular airline to accumulate mileage or
promotional plans such as frequent flyer programs if it results in a higher fare. As a
general rule, the Traveler may retain frequent flyer points properly accumulated.
(c)
If an increase in airfare is caused by the Traveler without legitimate excuse, the
increased costs of the airfare are considered a personal expense of the Traveler which the
Court will not reimburse. For example, first class and/or other premium seating shall be
at the expense of the Traveler. If an increase in airfare is incurred through no fault of the
Traveler and the Administrative Director or Chief Financial Officer has approved the
increase, the increased cost is reimbursable.
(d)
The travel agency should be notified immediately if airline tickets are unused or
refundable for proper credit or refund.
5.4

Ground Transportation.

(a)

General

The Employee/Traveler may use a privately owned, state-owned, or
commercially leased/rented vehicle for ground transportation used in meeting
Court business travel needs. Under no circumstances is the Employee/Traveler to
use Court resources in furtherance of personal pleasure, gain, or objectives.

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 
Regardless of which type of transport/vehicle the Employee/Traveler opts
to use, the Employee/Traveler must at all times possess a valid driver’s/operator’s
license while operating a motor vehicle as a means of transportation for Court
business travel.

Under no circumstances are the costs incurred in commuting, as defined
in these Rules, considered reimbursable Court business expenses. Reimbursable
mileage shall normally be calculated for reimbursement purposes from the
Headquarters/Work Situs to the Court business travel destination and back,
including any miles from remote Court business location to location. In particular
travel situations, a manager may deem that the point of travel commences from
the Employee/Traveler’s place of residence rather from the Headquarters/Work
Situs when the miles from the place of residence to the destination would be less
than the miles from the workstation to the destination. See these Rules for
exceptions.

The Employee/Traveler that utilizes the home residence as the
Headquarters/Work Situs is eligible to request reimbursement for Court business
travel from the home residence/Headquarters/Work Situs when traveling to and
from assignments. This travel shall not be considered commuting.

The Employee/Traveler on a temporary assignment is eligible to request
reimbursement for Court business travel from the home residence when traveling
to and from the location of a temporary assignment. If the temporary assignment
exceeds twelve (12) months, the assignment shall convert retroactively to an
indefinite assignment and payments made during that indefinite period shall be
considered taxable.

The Employee/Traveler is responsible for following all applicable laws
and requirements while operating a motor vehicle on Court business travel. The
Employee/Traveler is responsible for any fines and/or penalties resulting from
citations, charges, or warrants attributable to operation of the vehicle. Any such
fines and/or penalties are not reimbursable expenses.

When the Employee/Traveler requests to drive his or her personal vehicle
rather than fly for business, reimbursement shall be based on actual in-transit
expenses (mileage and other costs incurred while in-transit, such as lodging,
meals, parking, etc.), not to exceed the least expensive logical commercial airline
cost plus local transportation to and from the airport and parking (where
required).
(b)

Privately-Owned Vehicles

The Employee/Traveler may use privately-owned vehicles for
Court business travel on occasions where Court owned vehicles are
unavailable or when use of a Court owned vehicle poses undue hardship
and/ or inconvenience to the Employee/Traveler.
When the
Employee/Traveler elects to use a privately-owned vehicle, reimbursement for

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 mileage shall not exceed the amount that would have been allowed for
commercial transportation to and from the authorized destination.

Mileage allowance for privately owned-vehicles used for Court business
travel will be based on the GSA rate in effect at the time of the travel. The GSA
mileage rate covers gasoline and all vehicle operating costs such as fuel,
maintenance, insurance, wear-and-tear, repairs, etc., and no additional
reimbursement will be made for such expenses.

To secure reimbursement for mileage incurred while traveling on Court
business in a privately-owed vehicle, the Traveler must complete a Travel
Expense Account form and present it for approval with all appropriate travel
related receipts. The Traveler is not required to present receipts to secure mileage
reimbursement when using a privately-owned vehicle, but would be required to
present receipts to secure reimbursement for tolls, parking, and related travel
expenses.

Mileage reimbursement is always based upon the shortest practical route
to and from the destination, with travel normally beginning and ending at the
Traveler’s Headquarters/Work Situs, except where the shortest distance to and
from the destination is from the Traveler’s residence. In calculating mileage, the
Traveler shall use the actual odometer reading or a standard source for mileage,
such as MapQuest. When requesting reimbursement for travel to or from the
residence, documentation such as the MapQuest routes substantiating the shortest
distance must be included with the Travel Expense Account form.


Insurance (Privately-Owned Vehicles):

In addition to possessing a valid driver’s/operator’s license, the
Traveler that uses a privately-owned vehicle for Court business travel
must possess adequate insurance coverage at all times.

The Traveler’s/private vehicle owner’s insurance will be primary
for liability insurance coverage. The Traveler/private vehicle owner
should communicate with their automobile insurance carrier to discuss
available/required coverage for the purpose of using the privately-owned
vehicle while on Court business travel.

The Court’s/State’s insurer, BRIM (Board of Risk & Insurance
Management), will provide excess liability coverage for additional
protection to the Employee/Traveler using their privately-owned vehicle
for Court business travel. Being excess, BRIM’s coverage will only be
available after the Employee/ Traveler’s/private vehicle owner’s coverage
is exhausted.

BRIM does not provide coverage that will pay for damage to a
privately-owned/personal automobile regardless of the cause. Further,

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 BRIM will not pay the Traveler’s/private vehicle owner’s physical
damage deductible
(c)

Commercial Rental/Leased Vehicles

The Traveler should only use a commercial rental vehicle when a
temporary need arises, a state vehicle is unavailable, and the cost will be less than
the reimbursement associated with use of a privately-owned vehicle.

Only the Traveler renting the commercial rental vehicle is permitted to
operate the vehicle. If state employees are traveling together it must be noted on
the rental agreement which of the Employee/Travelers are authorized to operate
the vehicle.

The Purchasing Card or Ghost Account are the only acceptable methods of
payment when renting a vehicle. Reimbursement for rentals made outside of the
statewide car rental contract requires advance authorization.

The Employee/Traveler must use the State contract for car rental services,
unless the State contracts for car rental services do not have:


A rental location in the specific area,



The type of vehicle needed, or,



A vehicle available for the duration needed.


If the Employee/Traveler does not use the State contract for car rental
services, the Employee/Traveler must note the reason on the Travel Expense
Account form.

For travel of more than a few days in duration, weekly rental rates may be
reimbursed if they result in a lower total cost than the daily rate.

Reimbursement for commercial rental vehicles will be made at actual cost
for the daily rental charge for a mid-size or smaller vehicle, plus mileage fees and
fuel costs, if/as applicable. Reimbursement may be made for a full-sized vehicle
if more than three (3) people are traveling together on business and for larger
vehicles if a group of five (5) or more is traveling together. Larger vehicles may
be rented when situations warrant (i.e. negotiating rough terrain, transporting
large groups of people or equipment or other extenuating circumstances) as
approved by the Administrative Director and/or Chief Financial Officer.


Collision Damage Insurance (“CDW”):

The state contract(s) for car rental services may provide CDW
insurance for some vehicles that are excluded by the Purchasing Card.

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 
The Purchasing Card provides CDW coverage at no cost for rentals
up to thirty-one (31) days.

No other insurance or insurance-like product is reimbursable for
rental vehicles used in the United States, unless required by law. Full
coverage insurance is a reimbursable expense for any approved rental
vehicle used· outside the United States.

No other insurance or insurance-like product is reimbursable for
rental vehicles used in the United States, unless required by law. Full
coverage insurance is a reimbursable expense for any approved rental
vehicle used· outside the United States.

The Purchasing Card does not cover the rental of trucks,
motorcycles and motorized scooters, antique cars, high value, special
interest and exotic cars, or vans that seat more than eight (8) occupants.

A receipt or documentation is required for reimbursement of
vehicle rental and mileage charges or fees.

Reimbursement may be made for actual fuel costs, supported by
valid, itemized receipts.

Vehicles should be returned to the rental agency with a full tank of
fuel. Unless rental location provides gas at a lower rate, documentation
required.
(d)

Court-Owned Vehicles

The Employee/Traveler desiring to use a Court-owned State vehicle for
Court business travel should reference the Court Rules for Motor Vehicles. To
make travel arrangements to use a Court-owned State vehicle the Traveler must
contact the Court Fleet Coordinator.

As detailed in the Supreme Court of Appeals of West Virginia Motor
Vehicle Policy, gasoline/fuel for Court-owned vehicles is provided through the
use of a Purchasing Card assigned to the vehicle. There is no additional
reimbursement for fuel and/or mileage while using a Court-owned vehicle. Other
travel expenses such as parking and tolls, are not chargeable to the Purchasing
Card assigned to the vehicle and as such are reimbursable with itemized receipts
for each expense. The Traveler must include these expenses/receipts on a Travel
Expense Account form to receive reimbursement. NOTE: Tolls in many cases
will be covered by the EZPass assigned to and provided in the Court-owned
vehicle, mounted in the windshield area of each vehicle.

6.

Lodging.
(a)
Lodging for the Traveler is reimbursable where the distance is more than fifty
(50) miles from the assigned Headquarters/Work Situs, or outside of the county of

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 residence, whichever is the shorter distance. Additionally, in order for overnight lodging
to be reimbursable, an overnight stay must be required based upon the Court business
needs.
(b)
The Traveler shall secure the lowest rate available at a reasonably priced facility.
Most hotels and motels offer special reduced rates to the Traveler which are stored in the
system. The reimbursable allowance for lodging is based on a single-occupancy rate, and
if available with application of a government or conference discount.
(c)
The Traveler shall not book lodging through a third-party booking vendor, such as
Travelocity and Orbitz. Third-party vendors are unable to provide an itemized invoice or
folio for reimbursement and may charge services fees that are not reimbursable.
(d)
The lodging facility location should be as convenient as possible to the location
where Court business is being conducted.
(e)
Allowable reimbursement for lodging shall include the actual expense for
overnight accommodations and all applicable taxes and surcharges. Employees are
reimbursed for lodging up to the maximum per diem established by the federal
government. The Traveler may request reimbursement above the per diem, not to exceed
three hundred percent (300%) of the maximum per diem allowance. Request for
reimbursement above the per diem allowance should be made in advance of travel.
Reimbursement above per diem following travel may be granted subject to approval of
the Administrative Director and/or Chief Financial Officer.
(f)
Sales tax is to be paid if the lodging facility is located outside the State of West
Virginia. When using the Purchasing Card for travel, purchases made with this card for
in-state travel are exempt from any form of taxation.
(g)
If more than one Traveler shares a room, one of the Travelers may claim the total
charge at the rate charged for the number of persons in one room, but each of the
Travelers will need to be referenced on the other Travel Expense Account forms. They
may also request the total charge be split between them accordingly and each issued their
own separate folio or receipt.
(h)
Receipts are required for lodging reimbursement. A valid, itemized invoice or
folio shall be the official document utilized for reimbursement to the Traveler. The
Traveler must attach this original receipt document with the completed Travel Expense
Account form when it is submitted for approval. The final receipt must show a full credit
or zero balance.
(i)
If an increase in the lodging charge is incurred due to the Traveler being directed
by the Administrative Director or a designee of the Administrative Director to change
travel plans or due to extenuating circumstances arising beyond the control of the
Traveler, then the increase is reimbursable. Increased charges incurred due to the
Traveler’s failure to notify the lodging facility are the personal expense of the Traveler
and are not reimbursable.

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 (j)
The Traveler has the option to make direct-bill arrangements with the lodging
provider as an alternative to paying for the lodging and requesting reimbursement. The
Traveler should check with the lodging provider to obtain the necessary paperwork for
completion to establish a direct-bill relationship. All lodging direct-bill arrangements
must be coordinated with the Finance Division.
(k)
The Traveler may request the option to receive a cash advance for lodging
expenses. These requests must be approved by the Administrative Director as described
in Section 3 above. Cash advances to cover lodging expenses is not the preferred method
of covering the expense.
(l)
Personal charges to the room, such as for dry cleaning, movie rental, snacks, and
similar items, are not reimbursable. Hotel parking, necessary baggage transfer and
storage, and related business expenses charged to the room are reimbursable with an
original receipt. Baggage storage fees will not be reimbursable if the total exceeds ten
percent (10%) of the daily single-occupancy hotel rate.
7.

Registration Fees for Conferences, Meetings, and Educational Seminars.
(a)
Registration fees and event-related materials for meetings, conferences, seminars,
and/or workshops are reimbursable.
(b)
The Traveler must present receipts for registration and related items in order to
receive reimbursement. The receipt or documentation provided by the event sponsor
shall be sufficient for reimbursement.
(c)
The Traveler is to adjust meal reimbursement (per diem) requests for meals
included with the registration fee, as described in Section 4.
(d)
The Traveler should verify acceptable payment methods with the event sponsor
prior to attending. Registration fees should be charged on a Purchasing Card when
possible. The Traveler must retain all original receipts for registration fees in order to
receive reimbursement, account for Purchasing Card purchase, and similar record
keeping purposes.
(e)
If the Traveler incurs a cancellation charge, the charge is reimbursable if the
Traveler is directed to change his/her travel plans, or if other extenuating circumstances
beyond the Traveler’s control arise. Approval of the Administrative Director is required
in these instances.
(f)
If transportation, lodging, meals, or other reimbursable costs are included in
conference fees, registration fees, commercial transportation tickets, or are otherwise
provided or obtained at no additional cost to the Traveler, then no reimbursement shall be
made for these items.

8.

Other Expenses.

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 (a)
The Traveler may incur miscellaneous business-related expenses for which
reimbursement may be made, if appropriate. Receipts are required for all expenditures.
Such expenses and reimbursement may include, but are not limited to:

Baggage storage between appointments and between hotels and meeting
places;

Tolls, garage, and parking fees, excluding valet parking for personal
convenience;


Currency conversion;



Guides, interpreters, and visa fees;


Laundry and dry cleaning when an employee is in travel status in excess
of seven (7) days without returning home; and,

Valet charges, which are only reimbursable where self-parking is not
available, where self-parking costs more than valet parking, and where selfparking costs the same amount as valet at the Traveler’s discretion.
(b)
Expenses for travel in foreign countries are to be reported in United States dollars.
Expenditures in foreign currencies must be converted into United States dollars at the rate
or rates at which the foreign currency was obtained. The rates of conversion and
commissions must be shown on an attachment to the Travel Expense Account form.
(c)
Personal expenses such as for dry cleaning, movie rental, entertainment, snacks,
and similar items, except as noted in these Rules, are not reimbursable. Hotel parking,
necessary baggage transfer and storage, and related business expenses are reimbursable
with an original receipt. Baggage storage fees will not be reimbursable if the total
exceeds equivalent to ten percent (10%) of a daily single-occupancy hotel rate.
9.

Purchasing Card Use (PCard).
The Traveler must use the State of West Virginia Purchasing Card (“PCard”) for
approved Court business travel related expenses, wherever possible. The Traveler that is
an authorized PCard holder is not to use the PCard for personal purchases under any
circumstances. Relatedly, personal expenditures are not to be charged to hotel room
folios where a PCard will be used for the lodging expenses. Please refer to the Court’s
“Purchasing Card Policy and Procedure” for additional rules regarding the authorized use
of PCards.

10.

Special Situations.
10.1

Mileage and Expenses of Certain Traveling Judges.

(a)
Special statutory provisions apply to a judge of the Supreme Court of Appeals and
circuit court judges that hold court outside of the county of residence (“Traveling
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 Judges”). W. Va. Code § 6-7-5 provides judges in these circumstances with an option to
collect a per diem payment of thirty-five dollars ($35) for expenses, plus mileage at
fifteen cents ($.15) per mile for travel from the judge’s place of residence to the place of
holding court in a county other than that of the residence and back. The following
conditions apply to payments made pursuant to W. Va. Code § 6-7-5:

The per diem payment of thirty-five dollars ($35) for expenses is always
considered taxable to the recipient as it is being paid on a non-accountable basis;
and.

The fifteen cent ($.15) mileage reimbursement is considered taxable
income to the recipient as it is reimbursement for Commuting expenses.
(b)
In situations where Traveling Judges travel from the Headquarters/Work Situs to
hold court outside of the county of residence, the Traveling Judge can request mileage
reimbursement for travel from/to the regular Headquarters/Work Situs. Reimbursement
of mileage under this standard shall be at the standard government rate and is not taxable
to the recipient.
10.2

Members of Statutory Boards or Commissions.

(a)
Any compensation paid to Board or Commission Members in accordance with
statutory provisions for such compensation shall be made on a W-2 basis with tax
withheld. Board Members shall be considered “temporary court employees” for the
limited purposes of compensation.
(b)
Board or Commission Members may be reimbursed, in accordance with statutory
provisions, for the actual, necessary, and reasonable expenses incurred in the
performance of their duties. For reimbursement purposes, the Headquarters/Work Situs
of the Board or Commission Member shall be the place at which the Board or
Commission Member conducts Board work, including the Board Member’s residence or
office. Board and Commission Members should be made aware that public funds are the
source of the reimbursement.
(c)
By Administrative Order, the Court shall declare there to be no inherent conflict
in practicing law and/or appearing before the Court as a result of the Board or
Commission Member service and receipt of compensation as a W-2 employee.
10.3

Job Applicants and Other Non-Employees.

(a)
Any non-employee seeking approval or reimbursement for travel expenses must
use a Court Travel Expense Account form to submit the request according to these Rules.
The completed form must contain the non-employee Traveler’s original signature,
preferably in blue ink.
(b)
When a non-employee accompanies an Employee/Traveler on official business,
the Court shall in no way be responsible or liable for any expenses, actions, or inactions
of the non-employee companion.
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 10.4

Travel Not Paid by the Court.

Judicial Officers and Employees may be invited to attend meetings, seminars, or
conferences concerning or related to Court or State related business where their travel
expenses are either paid directly by the sponsor or reimbursed by the sponsor. In such
instances, the Employee/Traveler may accept the invitation if the Court approves the
travel. No Judicial Officer or Employee shall be eligible for Court reimbursement for
any expenses incurred by the Employee/Traveler if these expenses are reimbursed by
such a sponsor as described here.
The details of this policy and all Court policies are subject to modification by the Court at any
time as situations, standards, and legal requirements may change. The Court will ensure that all
employees are notified of any such modification in a timely fashion.

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