HomeMy WebLinkAboutAgenda Report - July 15, 2009 E-13AGENDA ITEM 97� 15
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AGENDA TITLE: Adopt Resolution Establishing a Policy Governing the Receipt and Distribution of
Tickets and/or Passes
MEETING DATE: July 15, 2009
SUBMITTED BY: City Attorney
RECOMMENDED ACTION: Adopt resolution establishing a policy governing the receipt and
distribution of tickets and/or passes.
BACKGROUND INFORMATION: The Fair Political Practices Act governs the distribution of tickets
received by an agency as a result of its operation of event venues.
Under a recently adopted Fair Political Practices Commission
(FPPC) regulation, such tickets must be distributed pursuant to a specific policy adopted by the
Council. The regulation defines ticket to include admission to events, shows or performances for
entertainment, amusement or recreation obtained from an outside source, acquired pursuant to a
contract for use of agency owned property, for an agency controlled event, or purchased by the agency
at fair market value.
On limited occasions in the past, the City has received and distributed tickets to City sponsored events,
for purposes of industrial trade, marketing, or employee incentives (usually when ticket sales have been
weak). The new FPPC regulation now requires that the receipt and distribution of such tickets be
governed by a written policy that sets forth the permissible use of covered tickets for public purposes.
If the Council desires to allow the continued receipt and distribution of such tickets for public purposes, it
must adopt a policy. The City Attorney's office has drafted the attached policy for the Council's
consideration. The proposed policy complies with FPPC Regulation Section 18944.1, and is similar to
policies adopted by other cities in California. Alternatively the City could outright prohibit the receipt and
distribution of such tickets.
COSTS: None.
FUNDING: n/a
De Dagdich
ity
Attorney
Attachments: Resolution
FPPC Regulation 518944.1
Form 802
APPROVED:
Blair KinLC y Manager
(Regulations of the Fair Political Practices Commission Title 2, Division 6, California Code of
Regulations)
§ 18944.1. Gifts: Tickets or Passes to Events.
For purposes of this regulation "ticket or pass" means admission to a facility, event,
show, or performance for an entertainment, amusement, recreational, or similarpurpose.
(a) Ticket or pass provided by source other than official's agency. A ticket or pass
provided to an official for his or her admission to an event at which the official performs a
ceremonial role or function on behalf of the agency is not a gift to the official.
(b) Ticket or pass provided to official by official's agency.
(1) When an agency provides a ticket or pass to an official of that agency, the ticket or
pass is not subject to the provisions of this regulation, provided that the official treats the ticket
or pass as income consistent with applicable state and federal income tax laws and the agency
reports the distribution of the ticket or pass as income to the official in complying with the
provisions of subdivision (d) below.
(2) When an agency provides a ticket or pass to a public official that otherwise meets the
definition of gift under Section 82028 and is not exempt under applicable Commission
regulations, the official will meet the burden under Section 82028 that equal or greater value has
been provided in exchange therefor, provided that all of the following requirements are met:
(A) With respect to a ticket or pass from an outside source provided to an official by the
official's agency:
(i) The ticket or pass is not earmarked by the original source for use by the agency
official who uses the ticket or pass;
pass.
(ii) The agency determines, in its sole discretion, which official may use the ticket or
(iii) The distribution of the ticket or pass by the agency is made in accordance with a
policy adopted by the agency in accordance with subdivision (c) below.
(B) With respect to a ticket or pass provided by the official's agency to an agency official,
which ticket or pass the agency obtains (i) pursuant to the terms of a contract for use of public
property, (ii) because the agency controls the event (such as a state or county fair), or (iii) that is
purchased by the agency at fair market value, the distribution of the ticket or pass is made in
accordance with subdivision (c) below.
(c) Any distribution of tickets or passes under subdivision (b) (2) by an agency to, or at
the behest of, its officials must be made pursuant to a written policy duly adopted by legislative
or governing body of the agency that state the public purposes to be accomplished by the agency
policy. If the agency maintains a website, the written policy shall be posted on the website in a
prominent fashion. The written policy shall contain, at a minimum, the following:
(1) a provision setting forth the public purposes of the agency to be accomplished by the
distribution of tickets or passes;
(2) a provision requiring that the distribution of any ticket or pass by the agency to, or at
the behest of, an official accomplish a public purpose of the agency; and
(3) a provision prohibiting the transfer by any official of any ticket or pass, distributed to
such official pursuant to the agency policy, to any other person, except to members of the
official's immediate family solely for their personal use.
(d) The distribution of a ticket or pass pursuant to this regulation, including a ticket or
pass that is provided to the official under subdivision (b)(1) above, shall be posted, on a form
provided by the Commission, in a prominent fashion on the agency's website, within 30 days
after the distribution. If the agency does not maintain a website, the form shall be maintained as a
public record, be subject to inspection and copying under Section 81008(a), and be forwarded to
the Commission for posting on its website. The posting shall include the following:
(1) the name of the person receiving the ticket or pass, except that if the ticket or pass is
distributed to an organization outside the agency, the agency may post the name, address,
description of the organization, and the number of tickets or passes provided to the organization
in lieu of posting the names of each individual from the organization;
(2) a description of the event;
(3) the date of the event;
(4) the face value of the ticket or pass;
(5) the number of tickets or passes provided to each person;
(6) if the ticket or pass is behested, the name of the official who behested the ticket or
pass; and
(7) a description of the public purpose under which the distribution was made or,
alternatively, that the ticket or pass was distributed as income to the official.
(e) The Commission recognizes the discretion of the legislative or governing body of an
agency to determine whether the distribution of a ticket or pass serves a legitimate public
purpose of the agency, provided the determination is consistent with state law.
(f) The provisions of subdivision (b) apply only to the benefits the official receives by the
admission and are not applicable to any other benefits the official may receive that are not
included with the admission, such as food or beverages, or any other item presented to the
official at the event.
Note: Authority cited: Section 83112, Government Code. Reference: Section 82028,
Government Code.
HISTORY
1. Renumbering of former section 18726.7 to section 18944.1 with amendment of section
heading filed 6-22-94; operative 6-22-94 (Register 94, No. 25).
2. Change without regulatory effect relocating section filed 11- 1 7-94pursuant to section 100,
title 1, California Code of Regulations (Register 94, No. 46).
3. Amendment of first paragraph and subsections (a) -(b) and (d) -(e) filed 7-25-95; operative
7-25-95 pursuant to Government Code section 11343,4(d) (Register 95, No. 30).
4. Repealer and new section filed 1-8-2009; operative 2-7-2009. Submittedto OAL for filing
pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil 010924,
California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992
(FPPC regulations only subj ect to 1974 Administrative Procedure Act rulemaking requirements)
(Register 2009, No. 2).
Agency Name
ent, or
Area Code[Phone Number
ncy Contact (name and title)
Date(s) of Event: I Description of Event: _
---J-- I Face Value of Ticket: $
Agency Event ❑ Yes ❑ No (Identify source of tickets below.)
Name of Outside Source of Ticket(s) Provided to Agency:
Number of Tickets Received:
Date Stamp
For Official Use Only
❑ Amendment (Must explain in Part 5.)
Dateof Original Filing:
(month. day. year)
Ticket(s) Provided to Agency: ❑ Gratuitously ❑ Pursuant to Contract
3. Agency Official(s) Receiving Ticket(s) (use a continuation sheetfor additional names)
Name of Official Number State Whether the Distribution is Incometo the Officialor
(Last, First) I of Tickets I Describe the Public Puroose for the Distribution
4. IrrdMdua? or Orgarri°zatlan Receiving Ticket(s) (Provided at the behestof an agency official.)
Name of Behesting Agency Official:
Name of Individual or Organization:
Description of Organization:
Number of Tickets:
Address of Organization:
Numberand Street City SUB Zip Code
Purpose for Distribution: (Describe the public purpose for the distribution to the organization.)
5. Verification
Ihave determined that the distribution of tickets set forth above is in accordance with the provisions of FPPC Regulation 18944.1
Signature cf Agency Head or Designee Print Name Title (month. day, year)
Comment: (Use this space or an attachmentfor anyadditional information including amendment explanation.)
FPPC Form 802 (Feb109)
FPPCToll-Free Helpllne: 8661ASK•FPPC (8661275-3772)
Tickets Provided by
Agency Report
A Public Document
This form is for use by all state and local government
agencies to disclose the distribution of tickets or passes
that allow admission to facilities, events, shows, or
performancesfor entertainment, amusement, recreational,
or similar purposes. The agency must complete Form
802 identifying agency officials who receivetickets or
passes from the agency as well as other individuals
and organizations that receive tickets or passes at the
behestof agency officials. Form 802 must be posted in a
prominent fashion on the agency's website.
Gifts of Tickets or Passes to Public Officials
FPPC Regulation 18944.1 sets out the circumstances
under which an agency's distribution of tickets or passes to
or at the behest of an official in the agency does not result
in a gift to the official. (Regulation 18944.1 is available
on the FPPC website at www.fppc.ca.gov.) Even though
the distribution of tickets or passes to a public official
under the regulation is not a gift to the official, the agency
must disclose the distribution on Form 802. The official
does not have to disclose tickets or passes received or
distributed under the regulation on his or her Statement
of Economic Interests (Form 700), but tickets or passes
received or distributed by the official that do not fall under
the regulation may be subject to disclosure on the official's
Form 700 and subject to gift limits.
Posting Form 802
The Form 802 must be posted on the agency's website
within 30 days after the distribution. If the agency does
not maintain a website, the form must be maintained by
the agency as a public record, be available for public
inspection and copying, and be forwarded to the FPPC for
posting on its website.
Part 1. Agency Identification
List the agency's name, address and the name of an
agency contact. Mark the amendment box if changing any
information on a previouslyfiled form and include the date
of the original filing.
Part2. Event For Which Tickets Were Distributed
Provide the date(s) of the event, a description of the event,
and the face value (i.e. the cost to the public) of the ticket
or pass. Check the box indicating whether the event was
an "agency event" (such as a county fair, or an event
for which the agency purchased tickets). If the agency
received the tickets from an outside source, identify the
source, the number of tickets received, and check the box
to identify whether the tickets or passes were provided to
the agency:
Gratuitously; or
Pursuantto a contract.
Part 3. Agency Official(s) ReceivingTicket(s)
Disclose the name of each agency official that received
a ticket or pass and the number of tickets or passes the
official received. Also state whether the distribution is
income to the official or describe the public purpose for
which the official received the tickets or passes.
Part 4. Individual or Organization Receiving Ticket(s)
If tickets or passes were distributed to an individual or
organization outside the agency, at the behest of an official
of the agency, provide the name of the official. Disclose
the name(s) of the individuals(s) who received the tickets
or passes and the number of tickets or passes provided. If
the tickets or passes were provided to an organization, the
agency may post the name, address, a description of the
organization, and the number of tickets or passes provided
to the organization in lieu of posting the name of each
individual that received a ticket or pass. Also, describe
the public purpose for the distribution to the individual or
organization.
Part 5. Verification
The agency head or his or her designee must sign the
form.
Privacy Information Notice
Information requested on all FPPC forms is used by the
FPPC to administer and enforce the Political Reform
Act (GovernmentCode Sections 81000-91014 and
California Code of Regulations Sections 18109-18997).
All information required by these forms is mandated by
the Political ReformAct. Failure to provide all of the
information required by the Act is a violation subject to
administrative, criminal, or civil prosecution. All reports
and statements provided are public records open for public
inspection and reproduction.
If you have any questions regarding this Privacy Act
Notice, please contact the FPPC.
General Counsel
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento: CA 95814
(916) 322-5660
FPPC Form 802 (Feb/09)
FPPCToII-Free Helpllne:866/ASK-FPPC (8661275-3772)
RESOLUTION NO. 2009-99
A RESOLUTION OF THE LODI CITY COUNCIL
ESTABLISHING A POLICY GOVERNING THE RECEIPT
AND DISTRIBUTION OF TICKETS AND/OR PASSES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LODI AS
FOLLOWS:
Section 1. The City Council of the City of Lodi hereby finds, determines, and
declares as follows:
A. From time to time, the City receives tickets or passes to various facilities,
events, or performances or shows from third party sources, both public
and private, which the City distributes to various persons including city
employees and officials; and
B. The Fair Political Practices Commission ("FPPC) has promulgated
regulations regarding when disclosure of receipt of these tickets as gifts
may be required for those city officials deemed to be who file annual
Statements of Economic Interest ("Form 700") under the City's Conflict of
Interest Code; and
C. FPPC Regulations Section 18944.1 permits covered tickets to be
distributed to these city officials without being treated as gifts on Form
700 if the City distributes these tickets in accordance with a duly adopted
written policy consistent with Section 18944.1; and
D. FPPC has clearly stated that it recognizes the discretion cf the City
Council to determine whether the distribution of such tickets serves a
legitimate public purpose of the City.
Section 2. Policy Governing the Receipt and Distribution of Tickets and/or Passes.
The following standards shall apply to the distribution by the City of tickets and/or
passes for admission to a facility, event, show, or performance for entertainment,
amusement, recreation, or similar purposes as defined by the FPPC Regulation Section
18944.1.
Definitions:
a. "Designated Official" shall mean a City public official required by
the City's Conflict cf Interest Code, as may be amended from time
to time, to file a Statement of Economic interest.
b. "Ticket" shall mean a ticket and/or pass for admission to a facility,
event, show, or performance for entertainment, amusement,
recreation, or similar purposes (as defined by FPPC Regulation
18944.1, as amended and interpreted from time to time) that is
obtained by the City, a) from an outside source, b) acquired by the
City pursuant to a contract for use of City -owned property, c) for a
City -controlled event, or d) purchased by the City at fair market
value. This definition shall not include a ticket to an event where
there is no admission fee, or to civic, political, community, and/or
cultural activities including, but not limited to, employee
recognitions, neighborhood events, state of the city addresses,
and community prayer programs, unless expressly determined
otherwise by the FPPC or judicial decision.
C. "Immediate Family" shall mean spouse and dependent children as
set forth in Government Code Section 82029.
2. Purpose of Policy. The purpose of this policy is to ensure that all Tickets
provided to the City shall be distributed in accordancewith FPPC Regulation 18944.1.
3. Limitations.
a. This Policy shall only apply to the City's distribution of Tickets to,
or at the behest of, a Designated Official.
b. Tickets provided to a Designated Official as part of their official
duties, or tickets provided so that the Designated Official may
perform a ceremonial role or function on behalf of the City, shall
not be subject to this Policy. These tickets are exempt from any
FPPC disclosure or reporting requirements.
4. Public Purpose. The City Council hereby finds and determines, in its
sound discretion that the City will accomplish one or more of the following public
purposes through distribution of Tickets to Designated Officials, or provided to third
persons at the behest of a Designated Official. The list is intended to be illustrative
rather than exhaustive of the public purposes that may be served by Designated
Officials utilization of Tickets:
a. Economic, employment, and business development on behalf of
the City and businesses within the City, including conventions and
conferences.
b. Promotion of City -controlled or -sponsored events, activities, or
programs, public facilities, and resources.
C. Promotion of tourism within the City and the surrounding area.
d. Information gathering and education regarding matters of local,
regional, and statewide concern that affect the City, including
enhancing intergovernmental relations through including
attendance at events with or by elected and appointed officials
from otherjurisdictions.
e. Promoting or showing City appreciation for programs and services
rendered by community and other non-profit and charitable
resources for the benefit of the community, including artistic and
cultural organizations and institutions.
f. Promoting, encouraging, and rewarding educational and athletic
achievements by students and officials of local and regional
educational institutions.
g. Promotion of City recognition, visibility, and/or profile on a local,
state, national, or worldwide scale including exchange programs
with national and foreign officials and dignitaries.
h. Promotion of open government by Designated Official
appearances, participation and/or availability at business or
community events.
Promotion of City landmarks and/or community events.
Marketing promotions highlighting the achievements of local
residents and businesses.
k. Promotion of inter -governmental relations, i.e., cooperation and
coordination of resources between the City and other
governmental agencies or entities within San Joaquin County.
Attracting and retaining highly qualified employees in City service.
M. Special recognition or reward of meritorious service by a City
employee or for use in a City employee competition or drawing.
n. Performance cf a ceremonial or official function on behalf of the
City, including the attendance of the Designated Official's
Immediate Family.
o. Recognition of contributions made to the City by former City
Council members and City officials.
P. Promotion of special events in accordance with any City contract,
including those contracts where the City as a form of
consideration has required that a certain number of Tickets be
made available for City use.
q. Events sponsored by the City where the City specifically seeks to
enhance the City's reputation both locally and regionally by
serving as hosts by providing the necessary opportunities to meet
and greet visitors, dignitaries, public officials from neighboring
jurisdictions, residents of the City, and their guests.
5. City Manager. The City Council hereby delegates the authority to
distribute any Tickets in accordance with this policy to the City Manager or his or her
designee. In such case where the City Manager desires to obtain a Ticket, the City
Council authorizes the City Manager to exercise the City's sole discretion in determining
whether the City Manager's use or distribution cf tickets and/or passes is in accordance
to the terms of this policy.
6. Return of Tickets. Any Designated Official or the Designated Official's
immediately Family may return any Ticket unused to the City for redistribution pursuant
to this policy. Under no circumstances may either the Designated Official or the
Designated Official's Immediate Family sell or further transfer any Ticket provided under
this policy.
7. Transfer Prohibition. The transfer by any Designated Official of any
Ticket distributed pursuant to this policy to any other person, except to members of the
Designated Official's Immediate Family for their personal use, is prohibited.
8. Policy Limited to Tickets. Pursuant to FPPC Regulation 18944.1(f),
this policy applies only to Tickets and is not applicable to any other benefits received as
a part of admission, such as food and beverages.
9. Website Posting. This policy shall be prominently posted on the
City's website.
10. Website Disclosure. The distribution of any Ticket pursuant to this policy
shall be prominently posted on the City website within 30 -days after the ticket
distribution and shall include all of the information as required under FPPC Regulation
18944.1(d). Any such posting shall use FPPC Form 802 or such alternative form as
may be approved or amended from time to time. Such posting shall be for a period of
30 -days, unless a specific duration is otherwise provided for by FPPC Regulation.
Section 3. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopted this
Resolution.
Dated: July 15, 2009
hereby certify that Resolution No. 2009-99 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 15, 2009, by the following
votes:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian,
Mounce, and Mayor Hansen
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
VDIJOHIL
City Clerk
2009-99