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Home My WebLink About10/06/2009, C4 - TICKET/PASS DISTRIBUTION POLICY counat ".°°°= 10/6/09 j ac,Enba Report 1= "..'' CITY OF SAN LUI S OB I SPO FROM: Jonathan P. Lowell, City Attorney dli' SUBJECT: TICKET/PASS DISTRIBUTION POLICY RECOMMENDATION Adopt a resolution approving a policy for distribution of tickets and passes to City officials. DISCUSSION On December 11, 2008, the California Fair Political Practices Commission ("FPPC") amended section 18944.1 of the California Code of Regulations, regarding the distribution of tickets or passes by a public agency to its officials. Section 18944.1, as amended, became effective February 7, 2009 and sets forth the conditions under which a ticket or pass provided to an agency official will not be treated as a "gift" under the California Political Reform Act of 1974 and FPPC regulations. It also requires the agency to adopt a policy governing ticket and pass distribution and to post information on its website for each ticket that it distributes to any agency official. The attached policy would govern the distribution of tickets and passes by the City and supersede any other City policies, practices or procedures relating to tickets or passes provided to a City official by the City, whether initially obtained by the City or from a third party. The City Manager will be responsible for administering the policy. All tickets and passes offered or provided to the City by a third party or purchased or otherwise obtained directly by the City shall be subject to the following provisions: 1. The City shall not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City official whether by name or position, unless: (a) the ticket or pass is offered or provided to the City pursuant to the terms of a contract for use of City owned property; (b) the ticket or pass is offered or provided to the City as a result of an official City event that the City controls; or (c) the ticket or pass is purchased by the City from the third party for full market value; 2. The City Manager or his or her designee shall document in writing the receipt of all tickets and passes provided to the City by a third party; 3. Tickets and passes shall only be provided to City officials by the City Manager or his or her designee for a legitimate public purpose of the City, as set forth in the policy; 4. The City Manager or his or her designee shall decide, consistent with the policy, which City officials should be provided with a ticket or pass; and /v C.`7 —1 Ticket/Pass Distribution Poticy Page 2 5. Within 30 days of distributing any ticket or pass pursuant to the policy, the City Manager or his or her designee, shall complete and cause to be posted an FPPC Form 802 on the City's website, with such posting to remaining on the website for a period of at least 4 years and a hard-copy of said form shall be retained for a minimum of seven (7) years. Any ticket or pass provided to a City official by the City shall not constitute a gift if provided and used by the City official for any of the following purposes: 1. Promotion of business activity, development, and/or redevelopment within the City; 2. Promotion of community resources and programs available to City residents including but not limited to those resources and programs involving charitable and non-profit organizations; 3. Promotion of City resources available to City residents; 4. Promotion of City-operated, sponsored or supported community programs; 5. Promotion of private facilities available for City residents' use including but not limited to those facilities involving charitable and non-profit organizations; 6. Promotion of City facilities available for City residents' use; 7. Promotion of City growth and development; 8. Promotion of City tourism on a local, state, national or worldwide scale; 9. Promotion of City recognition, visibility and/or profile on a local, state, national or worldwide scale; 10. Promotion of open government by City official appearances, participation and/or availability at business and/or community events; 11. Promotion of the improvement of inter-governmental relations; 12. Attendance at events sponsored by other governmental agencies, industry groups and non-profit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the City; 13. Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within the City; 14. Encouraging or rewarding significant academic, athletic, or public service achievements by City students, residents or businesses; or 15. Recognizing contributions made to the City by former or current City Council Members or other City employees. The following tickets and passes will be exempt from the provisions of the policy: 1. A ticket or pass received by a City official directly from a third party that the City official uses to perform a ceremonial role or function on behalf of the City; and 2. A ticket or pass received by a City official from the City where both the City official and the City treat and report the value of the ticket or pass as income consistent with applicable state and federal income tax laws and the ticket is reported as income pursuant to the provisions of the policy. In addition, a City official who receives a ticket or pass pursuant to the policy is prohibited from transferring or selling the ticket or pass to any other person, except to a member of the City Cq -a. Ticket/Pass Distribution Policy Page 3 official's immediate family solely for their personal use, provided such transfer furthers a legitimate public purpose and is approved by the City Manager or his or her designee. Finally, a copy of the policy must be prominently posted on the City's website. CONCURRENCES The Finance and Information Technology Department concurs with the recommendation to approve the policy. FISCAL IMPACT None. ALTERNATIVES Council could choose to not implement the policy. This would result in the City not being able to accept any passes or tickets to events or to distribute tickets or passes to City officials or employees. ATTACHMENT Resolution and Policy for Distribution of Tickets or Passes TACouncil Atrenda Re orts\City Attome CAR\Ticket-Pass Distribution Policy Agenda Re ort.doc C4-3 ATTACHMENT RESOLUTION NO. (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A POLICY FOR DISTRIBUTING TICKETS AND PASSES TO CITY OFFICIALS WHEREAS, from time to time the City of San Luis Obispo (the "City") receives event tickets and passes from third party private sources or obtains them directly for use by various City Officials; and WHEREAS, under section 18944.1 of Title 2 of the California Code of Regulations ("Regulations"), such tickets and passes are defined as those that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose; and WHEREAS, the City desires to use and distribute such tickets and passes to further governmental and public purposes, such as the promotion of City businesses, resources, programs, facilities, etc.; and WHEREAS, under section 18944.1 of the Regulations, tickets and passes are not considered gifts to public officials if the City distributes said tickets and passes in accordance with a duly adopted written policy consistent with section 18944.1. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The recitals set forth above are true and correct. SECTION 2. The City Council hereby adopts the "Tickets and Passes Distribution Policy" attached hereto as Exhibit"A." SECTION 3. This Resolution shall take effect upon its adoption. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: Cq I R Resolution No. (2009 Series) ATTACHMENT Page 2 The foregoing resolution was adopted this day of 2009. Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVE S TO FO 1 �7 r j9dathan P. Lowell City Attorney 2 �y -S EXHIBIT A ATTACHMENT TICKETS AND PASSES DISTRIBUTION POLICY Section A. Purpose of Policy The purpose of this Policy is to ensure that any ticket or pass provided to the City by any third party or purchased or obtained directly by the City shall be distributed to City Officials by the City Manager in a manner that serves or promotes a public purpose of the City of San Luis Obispo (the "City"). Section B. Definitions For purposes of this Policy, the following words, terms and phrases shall have the following meanings: 1. "City Official" shall mean any member, officer, employee or consultant of the City. 2. "Gift" shall mean anything that is received by a City Official that the City Official did not provide consideration of equal or greater value for or that represents a rebate or discount that is not provided in the regular course of business to members of the public without regard to official status. 3. "Third party" shall mean the source of any ticket or pass, other than the City. 4. "Ticket" or "pass" shall mean any ticket, pass, etc. that provides admission to a facility, event, show, or performance for entertainment, amusement, recreation or other similar purpose. Section C. Administration of Policy The City Manager shall be responsible for administering this Policy. Section D. Tickets and Passes Distribution Policy All tickets and passes offered or provided to the City by a third party or purchased or otherwise obtained directly by the City shall be subject to the following provisions: 1. The City shall not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City Official whether by name or position, unless: a. The ticket or pass is offered or provided to the City pursuant to the terns of a contract for use of City owned property. b. The ticket or pass is offered or provided to the City as a result of an official City event that the City controls. 1 �,q —b ATTACHMENT EXHIBIT A c. The ticket or pass is purchased by the City from the third party for full market value. 2. The City Manager or his or her designee shall document in writing the receipt of all tickets and passes provided to the City by a third party. 3. Tickets and passes shall only be provided to City officials by the City Manager or his or her designee for a legitimate public purpose of the City, as set forth in this Policy. 4. The City Manager or his or her designee shall decide, consistent with this Policy, which City Officials should be provided with a ticket or pass. 5. Within 30 days of distributing any ticket or pass pursuant to this Policy, the City Manager or his or her designee, shall complete and cause to be posted an FPPC Form 802 on the City's website, with such posting to remain on the website for a period of at least 4 years and a hard copy of said form shall be retained for a minimum of seven(7)years. Section E. Legitimate Public Purposes Any ticket or pass provided to a City Official by the City shall not constitute a gift if provided and used by the City Official for any of the following purposes: 1. Promotion of business activity, development, and/or redevelopment within the City. 2. Promotion of community resources and programs available to City residents including but not limited to those resources and programs involving charitable and non-profit organizations. 3. Promotion of City resources available to City residents. 4. Promotion of City-operated, sponsored or supported community programs. 5. Promotion of private facilities available for City residents' use including but not limited to those facilities involving charitable and non-profit organizations. 6. Promotion of City facilities available for City residents' use. 7. Promotion of City growth and development. 8. Promotion of City tourism on a local, state, national or worldwide scale. 9. Promotion of City recognition, visibility and/or profile on a local, state, national or worldwide scale. 10. Promotion of open government by City Official appearances, participation and/or availability at business and/or community events. 2 7�- EXHIBIT A ATTACHMENT 11. Promotion of the improvement of inter-governmental relations. 12. Attendance at events sponsored by other governmental agencies, industry groups and non-profit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the City. 13. Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within the City. 14. Encouraging or rewarding significant academic, athletic, or public service achievements by City students, residents or businesses. 15. Recognizing contributions made to the City by former or current City Council members or other City employees. Section F. Exemptions The following tickets and passes shall be exempt from the provisions of this Policy: 1. A ticket or pass received by a City Official directly from a third party that the City Official uses to perform a ceremonial role or function on behalf of the City. 2. A ticket or pass received by a City Official from the City where both the City Official and the City treat and report the value of the ticket or pass as income consistent with applicable state and federal income tax laws and the ticket is reported as income pursuant to the provisions of this Policy. Section G. Prohibition Against Transfer A City Official who receives a ticket or pass pursuant to this Policy is prohibited from transferring or selling the ticket or pass to any other person, except to a member of the City Official's immediate family solely for their personal use, provided such transfer to an immediate family member satisfies a legitimate public purpose as outlined above and is approved by the City Manager or his or her designee. Section H. Posting and Disclosure Requirements This Policy shall be prominently posted on the City's website. T:\Council Agenda Reports\City Attorney CAR\Ticket and Passes Distribution Policy.doc /L 3