HomeMy WebLinkAboutRes 2017-07 - Distribution Policy - Tickets-Passes CITY OF PALM DESERT
STAFF REPORT
REQUEST: ADOPTION OF RESOLUTION NO. 2017-07 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.
SUBMITTED BY: ROBERT HARGREAVES, CITY ATTORNEY
DATE: JANUARY 12, 2017
CONTENTS: RESOLUTION NO. 2017-07
Recommendation:
Adopt Resolution No. 2017-07 ("Resolution") 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").
Executive Summary:
Approval of the Resolution will ensure that the City of Palm Desert's ("City") ticket
distribution policy will conform to newly amended FPPC regulations.
Background:
FPPC Regulation 18944.1 creates an exception to the definition of gift for tickets or
passes to entertainment, sports or other similar events which are donated to an agency
and distributed to certain public officials for use for official public business as long as the
agency complies with specified requirements.
Originally, Regulation 18944.1 required the agency to:
1. Adopt a distribution policy setting provisions required under Regulation 18944.1
and forward a copy to the FPPC for posting;
2. Ensure the ticket/pass is used for a governmental purpose;
3. Complete Form 802 for each distribution and retain Form 802 as a public record
under the Political Reform Act; and
4. Forward a copy of the each Form 802 to the FPPC for posting on its website
while the agency maintained a copy for its records.
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On March 26, 2009, the City Council adopted Resolution No. 9-17 setting forth a written
ticket distribution policy to comply with Regulation 18944.1.
Discussion:
On December 17, 2016, the FPPC again revised and amended Regulation 18944.1.
The amendment to Regulation 18944.1 has two goals: 1) to increase compliance by
setting a deadline for agency reporting and posting where there was none; and 2) to
provide greater transparency on ticket distributions by requiring agencies to post their
ticket distribution policies and reports directly on their websites.
In addition to minor revisions to help clarify the Regulation, the substantive amendments
to Regulation 18944.1 found in subsections (e) and (f) now require each agency to post
its ticket distribution policy on its website along with any amendments within thirty (30)
days of adoption or amendment and send a link to the website displaying the policy to
the FPPC so it may also post the link. (Reg. 18944.1(e)(4).)
Also, amended Regulation 18944.1 now requires each agency to post all Form 802s
within forty-five (45) days of the distribution of any tickets or passes, reporting the
distribution, and email the website link displaying the Form 802 to the FPPC for posting
on its website.
Subsection (f)(4) further states that Form 802s must be maintained as a public record
and available for inspection and copying during regular business hours pursuant to
Government Code section 81008(a).
Based on all the foregoing, and on the matters recited in more detail in the Resolution
itself, Staff requests that the City Council adopt Resolution No. 2017-07
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
SUBMITTED Y:
argrea s
Ci Attorney
APPROVAL:
Lauri Aylaian
City Manager
72500.00001\29460002.1
Attachment:
1. Resolution No. 2017-07 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.
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RESOLUTION NO. 2017 - 07
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") regulates complimentary
tickets or passes distributed to government officials and employees by their agency; and
WHEREAS, the City Council of the City of Palm Desert ("City") previously adopted
Resolution No. 09-17 adopting a policy regarding the distribution and use of tickets donated to the
City; and
WHEREAS, the FPPC amended Section 18944.1 of Title 2, California Code of Regulations
("Regulation 18944.1"), which amendment became operative on February 13, 2016, that sets forth the
circumstances under which the City's distribution of certain tickets and passes to a public official
would need to be disclosed by the City and not trigger a disclosure requirement on a public official's
Statement of Economic Interests, Form 700; 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, Regulation 18944.1 provides that tickets or passes that are distributed by the City
to public officials in accordance with a duly adopted policy are not gifts to the public officials; 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 serve
legitimate governmental and/or public purposes; and
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 established a fair and equitable process for the distribution to City
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RESOLUTION NO. 2017 - 07
officials of complementary 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 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. 09-17 adopted on March 26, 2009 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 Section 18944.1, Title 2,
California Code of Regulations, attached hereto as Exhibit "A," and incorporated herein by reference.
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 12th day of January,2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 2017 - 07
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 and
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 elected and appointed City Officials, as well as
all designated City employees.
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 18701. Such term shall include, without
limitation, any City board, commission, or committee member or other appointed official or employee
required to file an annual Statement of Economic Interests (Form 700).
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 being amended from
time to time, but which currently define "ticket or "pass" as anything that provides admission or access
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RESOLUTION NO. 2017 - 07
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 "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.
h. The value of any ticket shall be the face value of the ticket.
Section 6. Public Purpose for Which Tickets May 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 the following public and governmental purposes:
a. If the distribution is to a City Official, 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.
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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) 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) Promotion of local and regional businesses, economic development and tourism
activities within the City, including conventions and conferences.
4) Promotion of City-controlled or sponsored events, activities, or programs.
5) Promotion of community programs and resources available to City residents, including
nonprofit organizations and youth programs.
6) Marketing promotions highlighting the achievements of local residents and businesses.
7) Promotion and marketing of private facilities available for City resident use, including
charitable and nonprofit facilities.
8) Promotion of public facilities available for City resident use.
9) Promotion of City growth and development, including economic development and job
creation opportunities.
10) Promotion of specific City community events provided by or sponsored by the City.
11) Promotion of any City owned sites such as parks, soccer fields, Desert Willow Golf
Resort.
12) Exchange programs with foreign officials and dignitaries.
13) Promotion of City recognition, visibility, and/or profile on a local, state, national or
worldwide scale.
14) Promotion of open government by public official appearances, participation and/or
availability at business or community events.
15) 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.
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16) 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.
17) Employment retention programs.
18) Special outreach programs for veterans, teachers, emergency services, medical
personnel and other civil service occupations.
19) Charitable 501 (c)(3) fundraisers for the purpose of networking with other community
and civic leaders.
20) Promotion of and participation in intergovernmental relations and activities.
21) Promoting, supporting and/or showing appreciation for programs or services rendered
by charitable and non-profit organizations benefiting City service area residents.
22) Increasing public exposure to, and awareness of, the various recreational, cultural, and
educational venues and facilities available to the public within the City.
23) Attracting or rewarding volunteer public service.
24) Encouraging or rewarding significant academic, athletic, or public service achievements
by residents or businesses of the City service area.
25) Attracting and retaining highly qualified employees in the City service.
26) Recognizing or rewarding meritorious service by a City employee.
27) Promoting enhanced City employee performance or morale.
28) Spouses of City Officials in order to accompany him or her to any of the events listed
above.
29) Any purpose similar to above included in any City contract.
d. 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. 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.
f. Any ticket obtained pursuant to Section 6e 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. For purposes of this
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subsection, "personal use" is defined as use by the official, his or her family, or no more than one
guest.
g. 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.
h. 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 Requirements
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, 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 pursuant to this policy, the City may post 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 posting the name of the individual employee(s) as otherwise required.
e. Tickets distributed to an organization outside of the City pursuant to Section 6d, shall
be disclosed in accordance with Section 7b above, but, may be done by posting 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 as otherwise required.
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