HomeMy WebLinkAbout06 TICKETS AND PASSES DISTRIBUTION POLICYAgenda Item 6
AGENDA REPORT Reviewed:
City Manager
Finance DirectorNIA
MEETING DATE: NOVEMBER 6, 2018
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFFREY C. PARKER, CITY MANAGER
SUBJECT: TICKETS AND PASSES DISTRIBUTION POLICY
SUMMARY:
Adoption of the proposed Tickets and Passes Distribution Policy ensures that any ticket
or pass provided to the City by any third party or purchased or obtained directly by the
City shall be distributed to City Officials in a manner that serves or promotes a public
purpose of the City in accordance with Section 18944.1 of the Fair Political Practices
Commission (FPPC) Regulations.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 18-77, adopting the Tickets
and Passes Distribution Policy.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
BACKGROUND:
Regulation 18944.1:
FPPC Regulation 18944.1 establishes the circumstances under which an agency's
distribution of tickets to entertainment events, sporting events and like occasions would
not result in a reportable gift to individuals who attend the function. Under this regulation,
the agency must adopt a policy which identifies the public purpose of each ticket
distribution.
Tickets and Passes Distribution Policy
November 6, 2018
Page 2 of 3
FPPC Form 802:
Under the policy, the City will be required to complete FPPC Form 802 (attached for
reference) to report use of a ticket or pass under the policy. The Form 802 details each
event and the public purpose of each ticket distribution. The Form 802 also informs the
public as to whether the tickets/passes were made at the behest of an agency official and
whether the tickets were provided to an organization or to specific individuals.
When tickets are distributed in accordance with the policy, City officials will not be required
to report the admission on the official's Statement of Economic Interests, Form 700, and
the value of the tickets and passes will not be subject to the gift limit.
Public Posting:
Once the policy is adopted, the City will be required to post its ticket policy on its website
within 30 days and email a link of the website location to the FPPC. The FPPC website
has direct links to adopted agency policies and their respective Form 802.
The use of the ticket or pass under the policy must be reported on Form 802 and posted
on the City's website within 45 days of distribution.
Implementation of the Policy:
Under the proposed policy, the City Manager will have the authority, in his/her sole
discretion, to distribute tickets or passes in accordance with this Policy and to establish
related procedures.
Public Purpose:
Currently, upon receipt of donated tickets and passes which exceed the gift limit of $50,
the City returns the tickets and passes to the individual and/or organization who donated
the tickets. However, the City recognizes that attendance at an event by a City Official
can be beneficial to the City and accomplish a public purpose. The following are
examples of public purposes the City may accomplish by attending these events and that
would be permissible under the proposed policy:
a. Facilitating public recognition, support, or award -giving on behalf of the City
at an event.
Tickets and Passes Distribution Policy
November 6, 2018
Page 3 of 3
b. Facilitating the attendance of a City Official at an event where the job duties
of the official require his or her attendance at the event.
C. Promotion of intergovernmental relations and/or cooperation and
coordination of resources with other governmental agencies, including, but
not limited to, attendance at an event with or by elected or appointed public
officials from other jurisdictions, their staff members, and their guests.
d. Promotion of City resources and/or facilities available to the public.
e. Promotion of City -run, sponsored, or supported community programs or
events.
f. Promoting, supporting and/or showing appreciation for programs or
services rendered by charitable and non-profit organizations benefiting the
public.
g. Recognizing or rewarding meritorious service by a City employee or
volunteer.
h. Promoting enhanced City employee performance, morale, or retention.
The City recognizes the importance of supporting certain events and organizations and
recommends that the City Council adopt this policy.
Attachments:
1. Resolution No. 18-77
A. Exhibit A, Tickets and Passes Distribution Policy
2. FPPC Form 802
RESOLUTION NO. 18-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING A TICKETS AND
PASSES DISTRIBUTION POLICY IN ACCORDANCE WITH
FAIR POLITICAL PRACTICES COMMISSION
REGULATION 18944.1
WHEREAS, the City of Tustin (the "City") occasionally receives event tickets
and/or passes from public and private entities and individuals or purchases event tickets
and/or passes for events involving the City; and
WHEREAS, such tickets and/or passes purchased or received by the City are
public resources; and
WHEREAS, the City desires to use such tickets and/or passes to further
governmental and public purposes, such as promotion of City businesses, resources
and programs; and
WHEREAS, the Fair Political Practices Commission (FPPC) regulates tickets or
passes distributed to government officials and employees by their agency; and
WHEREAS, FPPC Regulation 18944.1 requires the City Council to adopt a
written policy governing the distribution of tickets and passes that includes a statement
describing the public purpose to be accomplished by such policy; and
WHEREAS, the proposed tickets and passes distribution policy establishes a fair
and equitable process for the distribution to City Officials of tickets and passes received
by the City to a facility, event, show or performance for entertainment, amusement,
recreational or similar purposes, in compliance with the requirements of the FPPC
Regulations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin hereby approves the Ticket and Passes Distribution Policy (Exhibit A) and
authorizes staff to implement the provisions of said policy.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6t' day of November 2018.
ELWYN A. MURRAY
Mayor
Resolution 18-77
Page 1 of 2
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 18-77 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6"' day of
November 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-77
Page 2 of 2
Exhibit A (Resolution No. 18-77)
Tickets and Passes Distribution Policy
TICKETS AND PASSESS DISTRIBUTION POLICY
1.0 Purpose of Policy
The purpose of this Policy is to ensure that any ticket or pass provided to the City by any
third party or purchased or obtained directly by the City shall be distributed to City
Officials in a manner that serves or promotes a public purpose of the City in accordance
with Section 18944.1 of the Fair Political Practices Commission (FPPC) Regulations.
2.0 Definitions
Unless otherwise expressly provided herein, the words and terms used in this Policy shall
have the same meaning as that ascribed to such words and terms in the California
Political Reform Act of 1974 (Government Code Section 81000 et seq., as the same
may from time to time be amended) and the FPPC Regulations (Title 2, Division 6 of the
California Code of Regulations, Section 18110 et seq., as the same may from time to
time be amended).
2.1 "City" shall mean and include the City of Tustin, and any departments, legislative body,
boards, commissions and committees thereof.
2.2 "City Official". shall mean and refer to the City's "public officials", including every
member, officer, employee, or consultant of the City, as that term is defined by
Government Code section 82048 and FPPC Regulation 18701, as may from time
to time be amended. Such term shall include, without limitation, any City Council,
commission or committee member or other appointed official or employee
required to file an annual Statement of Economic Interests (FPPC Form 700).
2.3 "Ticket" or "pass" shall mean any ticket, pass, etc. that provides admission to a
facility, event, show, or performance for an entertainment, amusement,
recreational or similar purpose.
3.0 Application of Policy
3.1 This Policy applies to tickets or passes that are:
a. Gratuitously provided to the City by an outside source;
b. Acquired by the City by purchase;
C. Acquired by the City as consideration pursuant to the terms of a contract for
the use of a City -owned venue; or
d. Acquired and distributed by the City in any other manner.
3.2 This Policy does not apply to:
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a. A ticket or pass provided to an City Official for his or her admission to an
event at which the official performs a ceremonial role or function on behalf
of City;
b. A ticket or pass received by an City Official where the official treats the ticket
or pass as income consistent with the applicable state and federal income tax
laws and the ticket is reported in accordance with the FPPC Regulations; or
C. A ticket or pass for which the City Official reimburses the City for the face
value of the ticket.
4.0 General Provisions
4.1 No Right to Tickets: The use of complimentary tickets is a privilege extended by the
City and not the right of any person to which the privilege may from time to time be
extended.
4.2 Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant
to this Policy shall not be transferred to any other person, except to members of such
official's immediate family (i.e., spouse and dependent children) or no more than
one guest solely for their attendance at the event.
4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who
receives a ticket pursuant to this Policy shall sell or receive reimbursement for the value
of the ticket.
4.4 Implementation of Policy: The City Manager shall have the authority, in his/her
sole discretion, to distribute tickets or passes in accordance with this Policy and to
establish related procedures.
4.5 No Earmarking of Ticket: No ticket or pass gratuitously provided to the City by an
outside source and distributed pursuant to this Policy shall be earmarked by the
original source for use by a particular City Official.
5.0 Ticket Distribution Must Accomplish Public Purpose
5.1 The distribution of the tickets or passes to, or at the behest of, a City Official must
accomplish a governmental and/or public purpose. The following list of
governmental and/or public purposes the City may accomplish through the
distribution of tickets is illustrative rather than exhaustive:
a. Facilitating public recognition, support, or award -giving on behalf of the
City at an event.
b. Facilitating the attendance of a City Official at an event where the job duties
of the official require his or her attendance at the event.
1347478.1
C. Promotion of intergovernmental relations and/or cooperation and
coordination of resources with other governmental agencies, including, but
not limited to, attendance at an event with or by elected or appointed public
officials from other jurisdictions, their staff members, and their guests.
d. Promotion of City resources and/or facilities available to the public.
e. Promotion of City -run, sponsored, or supported community programs or
events.
f. Promoting, supporting and/or showing appreciation for programs or
services rendered by charitable and non-profit organizations benefiting the
public.
g. Recognizing or rewarding meritorious service by a City employee or
volunteer.
h. Promoting enhanced City employee performance, morale, or retention.
6.0 Public Disclosure
6.1 A record of any ticket or pass distributed pursuant to this Policy must be completed
on FPPC Form 802, or such alternative form(s) as from time to time may be
designated by the FPPC ("Form 802"). The completed Form 802 must be
maintained by the City Clerk, or his/her designee, as a public record and is subject
to inspection and copying under California Government Code Section 81008(a).
6.2 Within 45 days of distributing any ticket or pass pursuant to this Policy, the City
Clerk, or his/her designee, shall complete and cause to be forwarded to the FPPC,
for posting on the FPPC's website, the completed Form 802. The completed Form
802 must contain the following information:
a. The name of the person receiving the ticket or pass, except:
(1) If the tickets or passes are distributed to an outside organization, the City
must 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) If the tickets or passes are distributed pursuant to FPPC Regulation
section 18944.1 subsection (d), the City Clerk may report the name of
the department or other unit of the City and the number of tickets or
passes provided to the department or other unit in lieu of posting the
name(s) of the individual employee(s).
b. A description of the event;
c. The date of the event;
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d. The face value of the ticket or pass;
e. The number of tickets or passes provided to each person;
f. If the ticket or pass is behested, the name of the official who behested the ticket;
and
g. A description of the public purpose under which the distribution was made or,
alternative, that the ticket or pass was distributed as income to the official.
1347478.1