HomeMy WebLinkAboutRes 2019-70 - Dist. Policy of Tickets-Passesmwffl_4�
STAFF REPORT
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
MEETING DATE: August 22, 2019
PREPARED BY: Robert W. Hargreaves, City Attorney
Rachelle D. Klassen, City Clerk
REQUEST: Adoption of Resolution No. 2019 - 70, amending the Distribution Policy of
Tickets and/or Passes, to conform with Section 18944.1 of Title 2, California
Code of Regulations, as amended by the Fair Political Practices Commission
(FPPC).
Recommendation
Waive further reading and adopt Resolution No. 2019 - 70, amending the Distribution
Policy of Tickets and/or Passes to conform with Section 18944.1 of Title 2, California
Code of Regulations, as amended by the FPPC.
Strateaic Plan
Routine governance, no specific Strategic Plan Goal associated.
Executive Summary
Adoption of the Resolution will ensure that the City of Palm Desert's ("City") Ticket Distribution Policy
conforms to newly amended FPPC regulations.
Backaround Analvsis
FPPC Regulation 18944.1 creates an exception to the definition of gift for tickets or passes to
entertainment, sports, or other similar events that are donated to an agency and distributed to public
officials for use for official public business, as long as the agency complies with specified
requirements.
Regulation 18944.1 requires the agency to:
1. Adopt a distribution policy setting provisions required under Regulation 18944.1;
2. Post a copy of the policy on the City's website and e-mail a link to the FPPC for posting;
3. Ensure the ticket/pass is used for a governmental purpose;
4. Complete Form 802 for each distribution and retain Form 802 as a public record under the
Political Reform Act; and
5. Post a copy of each Form 802 on the City's website and e-mail a link to the FPPC for posting.
At its January 12, 2017, meeting, City Council adopted Resolution No. 2017-07, setting forth an
updated written Ticket Distribution Policy to comply with Regulation 18944.1.
On May 16, 2019, the FPPC again revised and amended Regulation 18944.1, 18946, and 18946.1,
in an effort to provide clarification of the valuation of tickets and passes, and revise the requirements
August 22, 2019 — Staff Report
Amended/Restated City Tickets and/or Passes Distribution Policy
Page 2 of 2
for agency ticket distribution policies in order to limit misuse of resources and the potential to abuse
these policies.
Regulations 18946 and 18946.1 were amended to change the term of "face value" to "fair
value." This was done in order to clarify and assist in valuing tickets or passes.
• Regulation 18944.1 was amended to provide clarification on when a City Official is exempted
from reporting certain tickets and passes on his/her Form 700 or as additional income, and
to include certain revisions affecting the requirements of agency ticket distribution policies to:
1) Prohibit disproportionate use of tickets by members of the governing body, chief
administrative officer, or department heads; and
2) Require City Officials to submit a written report of findings and recommendations
when a ticket is distributed for purposes of oversight or inspection of facilities.
For ease in reviewing/comparing proposed amendments to the existing policy, a redlined version of
the Resolution's Exhibit'A' is attached to this report. Additionally for your reference and as required
by these regulations, the City of Palm Desert's current Ticket and/or Passes Distribution Policy is
posted on the City website (www.citvofoalmdesert.orq) under the City Clerk Department, "Tickets to
Agency" subpage, and has been since the regulation became effective in 2009. Based on all the
foregoing, and on the matters recited in more detail in the Resolution itself, staff requests the
City Council adopt Resolution No. 2019 - 70 .
Fiscal Analvsis
There is no fiscal impact associated with the recommended action.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
Approved as to Form or
Content
RU—ANIA
Robert W. H reaves Rachelle D. Klassen..J Janet M. Moore Lauri Aylaian
City Attorney City Clerk Director of Finance City Manager
ATTACHMENTS: 1. Resolution No. 2019 - 70
2. Redlined Version of Resolution's Exhibit "A"
3. Screenshot of "Tickets To Agency" page of City website
10:+-le] ILij 11 Lei `l i 101 WZ11 91 W11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE
DISTRIBUTION POLICY OF TICKETS AND/OR PASSES TO
CONFORM WITH SECTION 18944.1 OF TITLE 2,
CALIFORNIA CODE OF REGULATIONS, AS AMENDED BY
THE FAIR POLITICAL PRACTICES COMMISSION.
WHEREAS, the Fair Political Practices Commission ("FPPC") adopted
Section 18944.1, Title 2, California Code of Regulations ("Regulation 18944.1") to
regulate the distribution and disclosure by public agencies of certain tickets and passes
to public officials and employees; and
WHEREAS, Regulation 18944.1 provides that a ticket and pass distributed
pursuant to an adopted policy and properly disclosed by the agency is not a gift to the
public official and does not trigger a disclosure requirement on the official's Statement of
Economic Interests, Form 700; and
WHEREAS, the City Council of the City of Palm Desert ("City") previously
adopted Resolution No. 2017-07 pursuant to Regulation 18944.1 to provide for the
distribution of such tickets or passes; and
WHEREAS, on May 16, 2019, the FPPC amended and adopted
Regulation 18944.1 in order to clarify the valuation of tickets and passes, and include
revisions affecting public agency distribution policy requirements; and
WHEREAS, tickets and/or passes subject to Regulation 18944.1 are defined as
an admission to a facility, event, show or performance for an entertainment,
amusement, recreational, or similar purpose; and
WHEREAS, the FPPC recognizes the discretion of the legislative or governing
body of an agency to determine whether the City's distribution of tickets and/or passes
to City officials serves a legitimate public purpose of the City, provided that the
determination is consistent with state law; and
WHEREAS, from time to time, the City may receive complimentary or discounted
tickets or passes from outside sources or, receive tickets or passes pursuant to the
City's co-sponsorship of an event, or pursuant to the terms of a contract for use of
public property, or may purchase tickets or passes for both public and private events for
distribution to City officials; and
WHEREAS, the distribution to and use of such tickets and passes by officials
frequently serves legitimate governmental and/or public purposes; and
RESOLUTION NO. 2019 - 70
WHEREAS, based on such practice and the amended regulations, the
City Council desires to update its policy regarding the distribution of tickets and/or
passes pursuant to Regulation 18944.1; and
WHEREAS, the proposed City of Palm Desert Distribution Policy of Tickets
and/or Passes incorporates the recent revisions to the applicable regulations by the
FPPC, as well as updates the policy to ensure that the policy establishes a fair and
equitable process for the distribution to City officials of such tickets and passes by the
City, in compliance with the requirements of FPPC Regulations.
NOW, THEREFORE, the City Council of the City of Palm Desert, California,
hereby finds and resolves as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Resolution No. 2017-07 adopted on January 12, 2017, is hereby
repealed in its entirety.
Section 3. The City Council hereby approves and adopts the amended City of
Palm Desert Distribution Policy of Tickets and/or Passes adopted in accordance with
Regulation 18944.1, and attached hereto as Exhibit `A.'
Section 4. City Manager is directed to implement this policy.
Section 5. The Resolution shall take effect immediately upon adoption.
Section 6. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 22nd day of Auqust, 2019, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
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RESOLUTION NO. 2019 - 70
EXHIBIT `A'
CITY OF PALM DESERT DISTRIBUTION POLICY OF TICKETS AND/OR PASSES
Section 1. Purpose. The policy's purpose is to ensure that all tickets and/or
passes provided to the City are distributed in furtherance of governmental and/or public
purposes as required under amended Section 18944.1 of Title 2, California Code of
Regulations ("Regulation 18944.1").
In addition, the purpose of this policy is to ensure that tickets distributed by the City
under this policy are disclosed on Form 802 and posted to the City's website within
forty-five days of distribution, as required by Regulation 18944.1.
Section 2. Application. This policy applies to tickets that provide admission
to a facility, event, show or performance for an entertainment, amusement, recreational
or similar purpose, and are either:
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 venue; or
d. acquired and distributed by the City in any other manner.
Section 3. Scope. This policy applies to all City Officials, as defined in
Section 4b, below.
Section 4. Definitions. Unless otherwise expressly provided herein, words
and terms used in this policy shall have the same meaning as that ascribed to such
words and terms in the Political Reform Act of 1974 (Government Code section 81000
et seq., as the same may from time to time be amended) and the Fair Political Practices
Commission ("FPPC") Regulations (Title 2, California Code of Regulations, section
18110 et seq., as the same may from time to time be amended).
a. "City" means the City of Palm Desert, California.
b. "City Official" means every member, officer, employee or consultant of the
City, as defined by Government Code section 82048 and Regulation 18700.3. Such
term shall include, without limitation, any City board, commission, or committee member
or other appointed official or employee or consultant required to file an annual
Statement of Economic Interests (Form 700).
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72500.00001 \32152594.4
RESOLUTION NO. 2019 - 70
C. "Immediate family" means the City Official's spouse and dependent
children.
d. "Policy" means this Policy for the Distribution of Tickets and/or Passes.
e. "Ticket" shall mean and refer to a "ticket or pass" as those terms are
defined in Regulation 18946 and referenced in Regulation 18944.1, both Regulations as
amended from time to time, but which currently define "ticket or "pass" as anything that
provides admission or access to a facility, event, show, or performance for an
entertainment, amusement, recreational, or similar purpose.
Section 5. General Provisions.
a. 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.
b. Tickets distributed to a City Official pursuant to this Policy shall not be
transferred to any other person, except to members of such City Official's immediate
family solely for their personal use or to no more than one guest solely for their
attendance at the event.
C. No person who receives a ticket pursuant to this policy shall resell or
receive compensation for the value of such ticket.
d. The City Manager shall have the authority, in his or her sole discretion, to
establish procedures for the distribution of tickets in accordance with this policy. All
requests for tickets which fall within the scope of this policy shall be made in
accordance with the procedures established by the City Manager.
e. The City Manager or his/her designee shall be the "agency head" for
purposes of implementing the provisions of this policy and completing and posting the
Form 802. 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 behest of tickets is in accordance with
the terms of this policy.
f. No ticket gratuitously provided to the City by an outside source and
distributed to, or at the behest of, a City Official pursuant to this policy shall be
earmarked by the original source for provision to a particular City Official.
g. A ticket provided to a City Official and one guest of the official at which the
official performs a ceremonial role, as defined in Regulation 18942.3, on behalf of the
City must be disclosed on Form 802 as set forth below. Any additional effort by the City
to either limit or expand permissible ceremonial roles will require that the revised policy
be forwarded to the FPPC.
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72500.00001\32152594.4
RESOLUTION NO. 2019 - 70
h. The disproportionate use of tickets and passes, distributed pursuant to
this policy, by a member of the governing body, political appointee, department head,
and City Manager is prohibited.
i. The value of any ticket shall be the fair value of the ticket. The "fair value"
is the face value of the ticket, or the price at which the ticket would otherwise be offered
for sale to the general public by the operator or host. Where the ticket does not reflect
the actual cost for a ticket in a luxury box or suite, the face value is determined by
dividing the total cost of the box or suite by the number of tickets available for that box
or suite.
Section 6. Public Purpose for Which Tickets Mav be Distributed. Subject
to the provisions of this policy, the City shall only provide a ticket and/or pass to a
City Official, or at the behest of a City Official, under one of the following public and
governmental purposes:
a. If the distribution is to a City Official, and the City Official reimburses the
City for the face value of the ticket(s).
b. If the distribution is to a City Official, the City Official treats the ticket(s) as
income consistent with applicable federal and state income tax laws and the City
complies with the reporting requirements of Section 7, below.
C. If the distribution is to a City Official, or is at the behest of a City Official,
such distribution must accomplish a governmental and/or public purpose. The following
is a list of governmental and/or public purposes the City may accomplish through the
distribution of tickets. The list is illustrative rather than exhaustive:
1) Facilitating the performance of a ceremonial role or function by a City
Official on behalf of the City at an event.
2) Facilitating the attendance of a City Official at an event where the job
duties of the Official require his or her attendance.
3) 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.
4) Promotion of local and regional businesses, economic development and
tourism activities within the City, that serve or may potentially serve the
City's residents, including conventions and conferences.
5) Promotion of City -run, sponsored, or supported events, activities, or
programs.
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72500.00001\32152594.4
RESOLUTION NO. 2019 - 70
6) Promotion of community programs and resources available to City
residents, including nonprofit organizations and youth programs.
7) Marketing promotions highlighting the achievements of local residents and
businesses.
8) Promotion and marketing of private facilities available for City resident use,
including charitable and nonprofit facilities.
9) Promotion of public facilities available for City resident use.
10) Promotion of City growth and development, including outreach efforts,
economic development and job creation opportunities.
11) Promotion of specific City community events provided by or sponsored by
the City.
12) Promotion of any City -owned sites or facilities, such as parks, soccer
fields, Desert Willow Golf Resort.
13) Exchange programs with foreign officials and dignitaries.
14) Promotion of City recognition, visibility, and/or profile on a local, state,
national, or worldwide scale.
15) Promotion of City services on a local, state, national, or worldwide scale.
16) Promotion of open government and/or community relations by public
official appearances, participation, and/or availability at business or
community events.
17) Sponsorship agreements involving private events where the City
specifically seeks to enhance the City's reputation both locally and
regionally by serving as hosts or sponsors providing the necessary
opportunities to meet and greet visitors, dignitaries, and residents.
18) All written contracts where the City, as a form of consideration, has
required that a certain number of tickets or suites be made available for
City use.
19) Employment retention programs.
20) Special outreach programs for veterans, teachers, emergency services,
medical personnel, and other civil service occupations.
21) Charitable 501 (c)(3) fundraisers for the purpose of networking with other
community and civic leaders.
M
72500.00001 \32152594.4
RESOLUTION NO. 2019 - 70
22) Promotion of and participation in intergovernmental relations and
activities.
23) Promoting, supporting, and/or showing appreciation for programs or
services rendered by charitable and non-profit organizations benefiting
City residents.
24) Increasing public exposure to, and awareness of, the various recreational,
cultural, and educational venues and facilities available to the public within
the City's service area.
25) Attracting or rewarding volunteer public service.
26) Encouraging or rewarding significant academic, athletic, or public service
achievements by residents or businesses of the City service area.
27) Attracting and retaining highly qualified employees in the City service.
28) Recognizing or rewarding meritorious service by a City employee.
29) Promoting enhanced City employee performance or morale.
30) Recognizing contributions made to the City by former Council members or
City employees.
31) Spouses of City Officials in order to accompany him or her to any of the
events listed above.
32) Any purpose similar to above included in any City contract.
d. When a public purpose involves the oversight or inspection of facilities by
a City Official, the City Official is required to provide a written inspection report and/or
recommendation.
e. If the distribution is to an organization outside of the City, such distribution
is done pursuant to a public purpose outlined in Section 6c .
f. Subject to the provisions of this policy, tickets obtained by the City
pursuant to terms of a contract for use of public property because the City controls the
event, or, by purchase at fair market value, may be distributed to City Officials. Any
distribution must accomplish a governmental and/or public purpose in accordance with
Section 6c, above.
g. Any ticket obtained pursuant to Section 6f, which is distributed to a
City Official, other than an elected official or member of the governing body of the City,
for the Official's personal use, to support general employee morale, retention, or to
reward public service is also deemed to serve a public purpose. Such ticket distribution
shall be disclosed pursuant to Section 7, below. For purposes of this subsection,
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72500.00001 \32152594.4
RESOLUTION NO. 2019 - 70
"personal use" is defined as use by the City Official, his or her family, or no more than
one guest.
h. Any City Official, any member of the City Official's immediate family, or
guest of the City Official may return any unused ticket to the City for redistribution
pursuant to this policy.
i. The provisions of this policy apply only to benefits the City Official receives
that are provided to all members of the public with the same class of ticket.
Section 7. Disclosure Reauirements
a. This policy shall be posted on the City's website in a prominent manner.
The City shall, within 30 days of adoption or amendment, send to the FPPC by email a
website link that displays the policy.
b. Tickets distributed by the City to any City Official which the City Official
treats as income pursuant to Section 6b, above, or, which are distributed for one or
more public purposes described in Section 6c, above, must be recorded on Form 802
or, on such alternative form(s) as may from time to time be designated by the FPPC.
This form must be maintained as a public record, and be subject to inspection and
copying as required under Government Code section 81008(a). Within 45 days the City
must post these forms on its website and email a website link to the FPPC that displays
the Form.
C. Tickets distributed by the City for which the City receives reimbursement
from the City Official as provided under Section 6a, above, shall not be subject to the
disclosure provisions of Section 7b.
d. For tickets distributed to a department or other unit of the City, and not
used by a member of the Council, political appointee, a department head or the City
Manager, the City may report the name of the department or other unit of the City and
the number of tickets provided to the department or other unit in lieu of reporting the
name of the individual employee(s) as otherwise required.
e. Tickets distributed to an organization outside of the City pursuant to
Section 6e, above, shall be disclosed in accordance with Section 7b above, but, may
be done by reporting the name, address, description of the organization, and the
number of tickets or passes provided to the organization in lieu of reporting the names
of each individual from the organization as otherwise required.
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72500.00001 \32152594.4
RED LINED TO
SHOWS CHANGES MADE
EXHIBIT `A'
CITY OF PALM DESERT DISTRIBUTION POLICY OF TICKETS AND/OR PASSES
Section 1. Purnose. The policy's purpose is to ensure that all tickets and/or passes
provided to the City are distributed in furtherance of governmental and/or public purposes as
required under amended Section 18944.1 of Title 2, California Code of Regulations ("Regulation
18944.1 ").
In addition, the purpose of this policy is to ensure that tickets distributed by the City under and
this policy arc disclosed on Form 802 and posted to the City's website within forty-five days of
distribution, as required by Regulation 18944.1.
Section 2. AvOication. This policy applies to tickets that provide admission to a
facility, event, show or performance for an entertainment, amusement, recreational or similar
purpose, and are either:
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 venue; or
d. acquired and distributed by the City in any other manner.
Section 3. ag2U. This policy applies to all clxted and app:rntod-City Officials, as
well as all de igiiate cmpic�,vc:; defined in Section 4h, below.
Section 4. Definitions. Unless otherwise expressly provided herein, words and terms
used in this policy shall have the same meaning as that ascribed to such words and terms in the
Political Reform Act of 1974 (Government Code section 81000 .0 wq.ct sec., as the same may
from time to time be amended) and the Fair Political Practices Commission ("FPPC")
Regulations (Title 2, California Code of Regulations, section 18110 met scn., as the same
may from time to time be amended).
a. "City" means the City of Palm Desert, California.
b. "City Official" means every member, officer, employee or consultant of the City,
as defined by Government Code section 82048 and Regulation 1870118700.3. Such term shall
include, without limitation, any City board, commission, or committee member or other
72500.00001 �32152594.3
appointed official or employee or consultant required to file an annual Statement of Economic
Interests {Form 760}.
C. "immediate family" means the City Official's spouse and dependent children,
d. "Policy" means this Policy for the Distribution of Tickets and/or Passes.
C. "Ticket" shall mean and refer to a "ticket or pass" as those terms are defined in
Regulation 18946 and referenced in Regulation 18944.1, both Regulations as 1g amended
from time to time, but which currently define "ticket or "pass" as anything that provides
admission or access to a facility, event, show or performance for an entertainment, amusement,
recreational or similar purpose.
Section 5. General Provisions.
a, 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.
b. Tickets distributed to a City Official pursuant to this Policy shall not be
transferred to any other person, except to members of such City Official's immediate family
solely for their personal use or to no more than one guest solely for their attendance at the event.
C. No person who receives a ticket pursuant to this 42poiicy shall resell or receive
compensation for the value of such ticket.
d. The City Manager shall have the authority, in his or her sole discretion, to
establish procedures for the distribution of tickets in accordance with this l-policy. All requests
for tickets which fall within the scope of this P-policy shall be trade in accordance with the
procedures established by the City Manager.
C. The City Manager or his/her designee shall be the Head- "acencv head" for
purposes of implementing the provisions of this policy and completing and posting the Four
802. 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 behest of tickets is in accordance with the terms of this policy.
f. No ticket gratuitously provided to the City by an outside source and distributed to,
or at the behest of, a City Official pursuant to this policy shall be earmarked by the original
source for provision to a particular City Official.
g. A ticket provided to a City Official and one guest of the official at which the
official performs a ceremonial role, as defined in Regulation 18942.3, on behalf of the City must
be disclosed on Form 802 as set forth below. Any additional effort by the City to either limit or
expand permissible ceremonial roles will require that the revised policy be forwarded to the
FPPC.
725tX),OOW 1 \32152594.3 2
h. The disproportionate use of tickets and _passes distributed_pursuant to this policy_.
by a member of the governing body _olitica_l.appointec, department head, and City Manager is
prohibited.
h i. The value of any ticket shall be the faee fair value of the ticket. The "fair value" is
the face value of the ticket or the price at which the ticket would otherwise be offered for sale to
the geera] public by the operator or host. Where the ticket does not reflect the actual cost for a
ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box
or suite by the number of tickets available for that box or suite.
Section 6. Public Puroose for Which Tickets Mai be Distributed. Subject to the
provisions of this Ppolicy, the City shall only provide a ticket and/or pass to a City Official, or at
the behest of a City Official, under one of the following public and governmental purposes.
a. If the distribution is to a City Official, and the City Official reimburses the City
for the face value of the ticket(s).
b. If the distribution is to a City Official, the City Official treats the ticket(s) as
income consistent with applicable federal and state income tax laws and the City complies with
the reporting requirements of Section 7, below.
C. If the distribution is to a City Official, or is at the behest of a City Official, such
distribution must accomplish a governmental and/or public purpose. The following is a list of
governmental and/or public purposes the City may accomplish through the distribution of tickets.
The list is illustrative rather than exhaustive:
1 } Facilitating the performance of a ceremonial role or function by a City Official on
behalf of the City at an event.
Facilitatine the attendance of a Citv Official at an event where the Job duties of
the Official require his or her attendance_
?31L—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.
3�4L_Promotion of local and regional businesses, economic development and tourism
activities within the City, -that serve or may t_)otentially serve the C ity's residents,
including conventions and conferences.
445-j_Promotion of City run, sponsored or supported events, activities, or
programs.
C Promotion of community programs and resources available to City residents,
including nonprofit organizations and youth programs.
72500,0000$\32152594J
6Q _Marketing promotions highlighting the achievements of local residents and
businesses.
_Promotion and marketing of private facilities available for City resident use,
including charitable and nonprofit facilities.
,}r_PromotMn of public facilities available for City resident use.
91_ Ql Promotion of City growth and development, including outreach efforts, economic
development and job creation opportunities.
44)1 U Promotion of specific City community events provided by or sponsored by the
City.
-H412LPromotion of any City owned sites or facilities such as parks, soccer fields, Desert
Willow Golf Resort.
4-2413LExchange programs with foreign officials and dignitaries.
4-3)1)_Promotion of City recognition, visibility, and/or profile on a local, state, national
or worldwide scale.
l5) _ Promotion of City services on a local, state. national or worldwide scale.
-11LPromotion of open government and/or community -relations by public official
appearances, participation and/or availability at business or community events.
-15 jaSponsorship agreements involving private events where the City specifically
seeks to enhance the City's reputation both locally and regionally by serving as
hosts or sponsors providing the necessary opportunities to meet and greet visitors,
dignitaries, and residents.
4-641.8LA11 written contracts where the City, as a form of consideration. has required that
a certain number of tickets or suites be made available for City use.
47419JEmployment retention programs.
-1442OLSpecial outreach programs for veterans, teachers, emergency services, medical
personnel and other civil service occupations.
4432 1 LCharitablc 501 (c)(3) fundraisers for the purpose of networking with other
community and civic leaders.
2$y2 LPromotion of and participation in intergovernmental relations and activities.
72500.0(M 1 �32152594.3 4
24423LPronioting, supporting and/or showing appreciation for programs or services
rendered by charitable and non-profit organizations benefiting City
residents.
3-14-MLIncreasing pub iic exposure to, and awareness of, the various recreational, cultural.
and educational venues and facilities available to the public within the City's
service area.
??Attracting or rewarding volunteer public service.
?4426)_I:ncouraging or rewarding significant academic, athletic, or public service
achievements by residents or businesses of the City service area.
?-y?7�Attracting and retaining highly qualified employees in the City service.
2frQ81-Recognizing or rewarding meritorious service by a City employee.
?7-)29)-Promoting enhanced City employee performance or morale.
30 Recognizing contributions made to the City by former Council members or Cit
employees.
2y31ZSpouses of City Officials in order to accompany him or her to any of the events
listed above.
29JR)-Any purpose similar to above included in any City contract.
d. When a public l2pWose involves the oversight or inspection of facilities by a
Public Official the Public Official is required to provide a written inspection -re ort and/or
rccommendat ion.
d-c. If the distribution is to an organization outside of the City, such distribution is
done pursuant to a public purpose outlined in Section 6c .
e.f: Subject to the provisions of this policy, tickets obtained by the City pursuant to
tcm-Ls of a contract for use of public property because the City controls the event, or, by purchase
at fair market value, may be distributed to City Officials. Any distribution must accomplish a
governmental and/or public purpose in accordance with Section 6c, above.
fig. --Any ticket obtained pursuant to Section 6e ref which is distributed to a City
Official, other than an elected otficial or member of the governing body of the City, for the
} Official's personal use, to support general employee morale, retention, or to reward
public service is also deemed to serve a public purpose. Such ticket distribution shall be
disclosed pursuant to Section 7, below. For purposes of this subsection, "personal use" is
defined as use by the dal City Official, his or her family, or no more than one guest.
72500.00001%32152594.3 5
g:h. Any City Official, any member of the City Official's immediate family, or guest
of the City Official may return any unused ticket to the City for redistribution pursuant to this
Ppolicy.
It i The provisions of this policy apply only to benefits the City Official receives that
are provided to all members of the public with the same class of ticket.
Section 7. Disclosure Reauirements
a. This policy shall be posted on the City's wcbsite in a prominent manner. The City
shall, within 30 days of adoption or amendment, send to the FPPC by email a wcbsite link that
displays the policy.
b. Tickets distributed by the City to any City Official which the City Official treats
as income pursuant to Section 6b, above, or, which are distributed for one or more public
purposes described in Section 6c, above, must be recorded on Form 802 or, on such alternative
form(s) as may from time to time be designated by the FPPC. This form must be maintained as a
public record, and be subject to inspection and copying as required under Government Code
section 81008(a). Within 45 days the City must post these forms on its website and email a
websitc link to the FPPC that displays the Form.
C. Tickets distributed by the City for which the City receives reimbursement from
the City Official as provided tinder Section 6a, above,, shall not be subject to the disclosure
provisions of Section 7b.
d. For tickets distributed per-stiam i$ thi:; pall to a department
or other unit of the City, and not used by a member of the Council political appointee, a
department head or the City Manager, the Citv may report the name of the department or other
unit of the City and the number of tickets provided to the department or other unit in lieu of
reporting the name of the individual employce(s) as otherwise required.
C. Tickets distributed to an organization outside of the City pursuant to Section 6d
6e, above, shall be disclosed in accordance with Section 7b above, but, may be done by leg
reporting the name, address, description of the organization, and the number of tickets or passes
provided to the organization in lieu of pg_rc�orting the names of each individual from the
organization as otherwise required.
72500.00001 �321525943 6
Tickets to Agency Report
Form 802 Ticket Disclosure
In December 2oo8, the Fair Political Practices Commission ("FPPC") amended its regulations pertaining to disbursement of tickets to and
from a public agency (such as the City of Palm Desert), which are used by individual public officials. These regulations apply to tickets for
admission to entertainment, recreational, amusement, and similar types of events. Unless specific circumstances exist, such tickets
constitute a gift to a public official subject to the annual gift limitation of $500 (total amount allowed for 20i9 and 2020) from any one
source in a calendar year, as set forth in FPPC regulations. However, if the tickets fit within certain descriptive uses (such as a City
business use), then such tickets do not constitute a gift to the public official.
The Regulation requires agencies to prepare reports disclosing the distribution of tickets and also requires agencies to adopt a written
policy for distributing tickets to public officials. A written policy must state the specific governmental or public purpose of the agency to
be accomplished by the distribution of the ticket to an agency official. The written policy must be posted prominently and continuously
on the agency's website. (See City Council Resolution No. 2017-07 below.)
• CC RES 2017-07-Tickets-Passes Policy
• FPPC Form 802 - Fash Wk - Food -Wine Fest - Mar. 2019.
• FPPC, Form 802 - La Ouinta Arts Fest - Mar. 2019.
• FPPC Form 802 - 201q Speaker Series - Feb. 201Q,
• FPPC Form 802 - Riv Co Fair-Natl Date Fest - Feb. 2019.
• FPPC Form 802 - Bighorn-BAM - Nov. 2018
• FPPC Form 802 - WetNWild Water Pk -PS - Oct. 2018
• FPPC Form 802 - United Wav Gala - May 2018
• FPPC Form 802 - Food -Wine Fest - Mar. 2018
• FPPC Form 8o2 - Fash Wk El Paseo - Mar. 2o18
• FPPC Form 802 - Riv Co Fair-Natl Date Fest-Feb 2018
• FPPC Form 802 - L,ive Well Festival -Jan. 2018
• FPPC Form 802 - PS Intl Film Fest Gala -Jan. 2018,
• FPPC Form 802 - lave-Love-Plav - Dec 2017
• FPPC Form 802 - BAM on El Paseo - Nov 2017
• FPPC Form 802 - Childrens Discov Museum -Oct 2017
• FPPC Form 802 - Desert Oasis Music Fest -Oct 2017
• FPPC Form 802 - PD Food-Wine-Mar24-26-2017
• FPPC Form 802 - PD Food-Wine-Mar24-2017
• FPPC Form 802 - Fashion Wk El Paseo - March 2017
• FPPC-Form 802-Riverside Co. Fair -Feb 2017
• FPPC Form 802 - LO Arts Fest-March 2017
• FPPC Form 802 - Behind A Miracle - Nov 2016
• FPPC Form 802 - Circus Vargas -Nov 2016
• FPPC Form 802 - McCallum Theatre Familv Fun Dav-Oct 2o16
• FPPC Form 802 - Fashion Wk El Paseo - Anr 2016
• FPPC Form 802 - Indian Wells Arts Fest - Anr 2016
• FPPC Form 802 - BNP Paribas Open - Mar 2016
• FPPC Form 802 - Riv Co Fair-Natl Date Fest-Feb 2016
• FPPC Form 802 - PS Fine Art Fair - Feb 2016
• Form 802 - Riverside Co. Fair - Feb. 2009
• Form 8o2 - CSUPD Golf Tournament - Anr. 2009.
• Form 802 - Riv. Co. EDA Air Show - Nov. 200().
• Form 8o2 - Bob Hone Classic - Jan. 2010
• Form 802 - Frank Sinatra Golf Tournament - Feb. 2010
• Form 802 - BNP Paribas Open Tennis Tourn - March 2oio,
• Form 802 - Fashion Week - March 2010
• Form 802 - Restaurant Week - June 2010
• Form 802-Desert Classic DanceSnort ChamnionshiD-July 2010
• Form 802 - Bob Hone Classic Golf Tourn - January 2011
• Form 802-Fashion Week March 2011
• FPPC Form 802 - Fashion Week -Mar 2011-AMENDED
• FPPC Form 802-Fashion Week -Mar 2011-City Council
• Form 802 - Restaurant Week - June 2011
• Form 8o2 - J Cochran Air Show - Nov 2011
• For1n 802 - Humana Challenge - Jan 2012
• Form 802 - Southwest Arts Festival -Jan 2012
• FPPC Form 802 - Palm SDrinrs Fine Art Fair -Feb. 2012
• FPPC Form 802 - Fashion Week - March 2012 ,
• FPPC Forin 802 - Indian Wells Art Festival -April 2012
• FPPC Form 802 - Restaurant Week - June 2012
• FPPC Form 802 - J Cochran Air Show -Nov 2012
• Form 802-Southwest Arts Festival -January 2013
• FPPC Form 802 - PS Fine Art Fair - Feb. 2()13
• FPPC Form 802 - Riverside Co. Fair-Natl. Date Fest-Feb. 2013
• FPPC Form 802 - La Ouinta Arts Fest - Mar. 2014
• FPPC Form 802 - Fash Week El Paseo-March 2011
• FPPC Form 802 - Humana Challenge -Jan. 2014-Ci. I.,Q
• FPPC Form 802 - Humana Challenge-Jan.2oi4-I3GA Superstore
• FPPC Form 802 - Riv Co Fair-Natl Date Fest-Feb 2014
• FPPC Form 802 - BNP Paribas ODen-2014
• FPPC Form 802 - Fashion Week - March 2014
• FPPC Form 802 - Desert Concorso - March 2014
• FPPC Form 802 - Kraft Nabisco Championshin - Anril 2014
• FPPC Form 802 - PS Modernism Wk-Architectural Tour -Oct. 2014
• FPPC Form 802 - PS Modernism Week Arch Tour -AMENDMENT -Oct. 2014
• FPPC Form 802 - McCallum Theatre Fam Fun Dav - Oct 201A
• FPPC Form 802 - J Cochran Air Show - Oct 2014
• FPPC Form 802 - Miracle On El Paseo - Nov. 2014
• FPPC Form 802 - Riverside Co. Fair-Natl Date Fest-Feb. 2015
• FPPC Form 802 - Fashion Week El Paseo - March 2015
• FPPC Form 802 - Food -Wine Festival El Paseo - March 2015
• FPPC Form 802 - Amer Documentary Film Fest-Mar 201
• FPPC Form 802 - PS Des Resorts Restaurant Wk - June 201E
• FPPC Form 802 - Century La Ouinta Movie Tickets -Nov. 2015