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HomeMy WebLinkAboutResolution No. 2017-07RESOLUTION 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 RVPUB\PKNOX\757753.1 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: KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE JAN C. HARNIK, MAYOR ATTEST: C�iL L '9 RAC 79 D. IffXSSEN, MTY CLERk CITY OF PALM DESERT, CALIFORNIA 72500.0000 1 \29458958.1 2 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 tile C11v iii-idet- and this policy are disclosed on Form 802 and posted to the City's k\:cbsite Nvithin fortv- five days of distribution, as reqtiired 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 ten-ns 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. 72500.0000 1 \29458958.1 3 RESOLUTION NO. 2017-07 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 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 terrns 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. 9. 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 one of 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). 72500.0000 1 \29458958.1 4 RESOLUTION NO. 2017-07 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) 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. 72500.0000 1 \29458958.1 5 RESOLUTION NO. 2017-07 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. 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. 0.- 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. 72500.0000 1 \29458958.1 6 RESOLUTION NO. 2017-07 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 subsection, "personal use" is defined as use by the official, his or her family, or no more than one guest. 9. 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 forrn 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. 72500.0000 1 \29458958.1 7