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HomeMy WebLinkAboutCC RES 2019-70OMNI RESOLUTION NO. 2019 - 70 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 August, 2019, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: ' 41► Vi. �� Ate. • . LL i KLAS ' N, CITY CLER CITY OF PALM DESERT,CALIFORN -2- SUSAN MARIE WEBER, MAYOR 72500.00001 \32152594.4 RESOLUTION NO. 2019 - 70 ppm 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). -3- 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. -4- 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. rim c. If the distribution is to a City Official, or is at the behest of a City Official, h' 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: lbw 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. 72500.00001 \32152594.4 -5- 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. -6- 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 former 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, -7- 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 Zink 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. -8- 72500.0000 I \32 152594.4