HomeMy WebLinkAboutAgenda Report - June 6, 2012 I-02AGENDA ITEM 16*20
CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Authorize Request for Use of City Letterhead Pursuant to City Council Protocol
Manual Section 7.4 and Government Code Section 82015
MEETING DATE: June 6,2012
PREPARED BY: City Clerk
RECOMMENDED ACTION: Authorize request for use of City letterhead pursuant to City Council
Protocol Manual Section 7.4 and Government Code Section 82015.
BACKGROUND INFORMATION: The City received a request for use of the City letterhead through
Council Member Johnson on May 17, 2012 with respect to creating
a marketing portfolio to be used for fundraising purposes for the
Grape Bowl.
As you are aware, City Council Protocol Manual Section 7.4 states Council Member correspondence
written with City resources (i.e., letterhead, staff support, postage, etc.) will reflect a majority position of
the Council and be copied to the full Council.
In addition, pursuant to the Fair Political Practices Commission (FPPC) Regulations, the Political Reform
Act and Government Code Section 82015(b)(2)(B)(iii), an elected official is required to disclose payments
made at their behest for legislative, governmental or charitable purposes when the payment meets or
exceeds $5,000 from a single source in a calendar year. When such a payment is made, the elected
official must file Form 803 with the local elections official within 30 days of the date the behested payment
is made. Upon receipt, the City Clerk is required to post Form 803 on -the City's website.
Section 7.4 of the Protocol Manual, Government Code Section 82015(b)(2)(B)(iii) and Form 803 are
attached for reference purposes.
It is recommended that the City Council authorize the aforementioned usage of the City's letterhead if so
desired.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Not applicable.
APPROVED:
Randi Johl
City Clerk
Bartlam, City Manager
City Council F rotocol Manual
7.4 Use of City Letterhead or City Seal
All Council Member correspondence written on City resources, i.e. letterhead, staff
support, postage, etc., will reflect a majority position of the Council, not individual
Council Members' positions. All Council Member correspondence using City resources
shall be copied to the full Council. The City Clerk is the custodian of the Official City Seal
pursuant to Lodi Municipal Code 2.13.010. The City Seal shall not be altered and is to be
used only on official City documents.
California Government Code
(b) (1) A payment made at the behest of a committee as defined in subdivision (a) of
Section 82013 is a contribution to the committee unless full and adequate consideration
is received from the committee for making the payment.
(2) A payment made at the behest of a candidate is a contribution to the candidate
unless the criteria in either subparagraph (A) or (B) are satisfied:
(B) It is clear from the surrounding circumstances that the payment was made for
purposes unrelated to his or her candidacy for elective office. The following types of
payments are presumed to be for purposes unrelated to a candidate's candidacy for
elective office:
(iii) A payment not covered by clause (i), made principallyfor legislative, governmental,
or charitable purposes, in which case it is neither a gift nor a contribution. However,
payments of this type that are made at the behest of a candidate who is an elected
officer shall be reported within 30 days following the date on which the payment or
payments equal or exceed five thousand dollars ($5,000) in the aggregate from the
same source in the same calendar year in which they are made. The report shall be filed
by the elected officer with the elected officer's agency and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of Section 81008. The
report shall contain the following information: name of payor, address of payor, amount
of the payment, date or dates the payment or payments were made, the name and
address of the payee, a brief description of the goods or services provided or purchased,
if any, and a description of the specific purpose or event for which the payment or
payments were made. Once the five -thousand -dollar ($5,000) aggregate threshold from
a single source has been reached for a calendar year, all payments for the calendar year
made by that source must be disclosed within 30 days after the date the threshold was
reached or the payment was made, whichever occurs later. Within 30 days after receipt
of the report, state agencies shall forward a copy of these reports to the Fair Political
Practices Commission, and local agencies shall forward a copy of these reports to the
officer with whom elected officers of that agency file their campaign statements.
Behested Pavment Resort
1. Elected Officer or CPUC Member (Last name, First name)
A Public Document
ency
ency Street Address
Designated Contact Person (Name and title, if different)
Area Code/Phone Number I E-mail (Optional)
Date Stamp
❑ Amendment (See Part 5)
Behested Payment Report
For Official Use Cl j
Date of Original Filing:
(month, cb , year)
2. Payor Information (For additional payors, include an attachmentwith the names and addresses.)
Name
Address Cly State Zip Code
3. Payee Information (For additional payees, include an attachmentwith the names and addresses.)
Name
Address Cly State Zp Code
4. Payment Information ponnpiEtaall "arrration,)
Date of Payment:Amount of Payment: (In -Kind FMv) $
(month, day, year) (Round to whole dolars.)
Payment Type: ❑ Monetary Donation or ❑ In -Kind Goods or Services (Provide description below.)
Brief Description of In -Kind Payment:
Purpose: (Check one and pukledemom bekwv.) ❑ Legislative ❑ Governmental ❑ Charitable
Describe the legislative, governmental, charitable purpose, or event:
5. Amendment Description or Comments
6. Verification
certify, under penalty of perjury underthe laws of the State of California, that to the best of my knowledge, the information contained
herein is true and complete.
Executed on
DATE
By SIGNATUREOF ELECTED OFFICER OR CPUC MEMBER
FPPC Form 803 (December/09)
FPPCToll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Behested Payment Report A Public Document
This report is for use by elected officers and members
of the California Public Utilities Commission (CPUC)
to disclose payments made at their behest, principally
for legislative, governmental, or charitable purposes.
This form was prepared by the Fair Political Practices
Commission (FPPC) and is available at
www.fppc.ca.gov.
When to File
File Form 803 within 30 days following the date on
which the payment(s) meets or exceeds five thousand
dollars ($5,000) in the aggregate from a single source
in a calendaryear. Once a single source has made
a behested payment of $5,000 or more during the
calendar year, subsequent payments of any amount
from that source must be reported.
Where to File
State Officials: The official's state agency must receive
Form 803 within 30 days of the date the behested
payment is made. Within 30 days after receipt of the
report, the state agency must forward a copy to the Fair
Political Practices Commission (FPPC) 428 J Street,
Suite 620, Sacramento, CA 95814.
Fax: 916-322-0886 E-mail: Form8030fppc.ca.gov
Local Officials: The official's local agency must receive
Form 803 within 30 days of the date the behested
payment is made. Within 30 days after receipt of the
report, the agency must forward a copy to the filing
officer who receives the official's original campaign
statements.
General Information: Behested payments are
payments made principallyfor legislative, governmental,
or charitable purposes under Government Code
Section 82015(b)(2)(B)(iii). These payments are
not for personal or campaign purposes. Generally,
a donation is made at the behest if it is requested,
solicited, or suggested by the official, or otherwise made
to a person in cooperation, consultation, coordination
with, or at the consent of, the elected officer or CPUC
member. This includes payments behested by the
official or by his or her agent or employee on the
official's behalf.
Privacy Information Notice: Information requested
by the FPPC is required by and used to administer and
enforcethe Political ReformAct. Failureto provide
information may be a violation subject to administrative,
criminal, or civil penalties. All reports and statements
are public records available for inspection and
reproduction. If you have any question regarding this
notice, please contact General Counsel at 428 J Street,
Suite 620, Sacramento, CA 95814 or (916) 322-5660.
Instructions
Part 1: Identification: Identifythe official's name, agency,
address, and contact information. Mark the amendment
box if changing information on a previouslyfiled Form 803
and include the date of the original filing.
Part 2: Payor Information: Disclosethe name and
address of the person making the payment. A business
address is acceptable.
Part 3: Payee Information: Identifythe name and
address of the person receiving the payment, if
applicable. A business address is acceptable.
Part4: Payment Information: Disclosethe paymentdate
and amount using the fair market value (FMV)for donated
in-kind goods or services. Check one box to identify the
type of payment and provide a description if the payment
is an in-kind good or service. Check one box to identify
the purpose and provide a description. Use Part 5 for
additional or clarifying information.
Part 5: Amendment Description or Comments:
Completethis section if amending a previouslyfiled Form
803 or to provide additional information.
Part 6: Verification: Date and sign the form under
penalty of perjury.
Example
On April 24, 2010, at CPUC MemberTully's request, the
ABC Corporation made a monetary donation of $5,000 to
the Boys and Girls Club.
t, Payor Information(Faradddmalpayors, indude anadactmentvih eienmesandaddresses.)
ABC Corporation
Name
12301phahe., Sacmmenlo CA 95814
A,Was CM SU* Z9CO&
t. Payee Information (For addaimalpayees,imude an aRammenf mai the names and addresses.)
The Boys and Girls Club
Name
5678 Bmvdlvd., Sacramento CA 95814
Addnss cq able Zp cele
I, Payment Information p #& zb nsw
Date of Payment: A0124.2010 Arnount of Payment: pm -,-a $ 200
(Randk Wedoeirs)
PaymentType: MMonetaryDonation or❑In-KindGoodsaServiees)Pm;ae&wW+meeroe)
Brief Description ofln•Klnd Payment:
Purpose: f * e ^ * ) ❑ Legislative ❑ Govemmenlal 0 chadtable
Describetheleglslative,governmental, charitable purpose, or event Donation to children's community service
or ani etion,
FPPC Form 803(Decemberl09)
FPPC Toll -Free Helpline: 866/ASK-FPPC (8661275-3772)