City Council
MEETING DATE: 4/13/2016
TITLE:
Title
Ticket Distribution Policy
End
FROM:
Erica L. Vega, Assistant City Attorney
RECOMMENDATION:
Recommendation
Staff recommends the City Council adopt a resolution establishing a policy for the distribution of tickets and passes.
Body
BACKGROUND:
The Political Reform Act and Fair Political Practices Commission ("FPPC") Regulations implementing the Act require public officials to disclose on their statement of economic interest (Form 700) sources of gifts aggregating $50 or more in the past 12 months, and prohibit a public official from receiving gifts aggregating $460 or more from a single source in a 12 month period. Tickets or passes to events that are provided to an official are typically considered to be gifts that are subject to these requirements.
FPPC Regulation 18944.1 creates an exception to these rules for tickets or passes "for admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose" that are distributed by an agency to individuals within that agency. For this exception to apply, the agency must adopt a policy for the distribution of tickets or passes that is consistent with the requirements of Regulation 18944.1. Tickets or passes that are distributed pursuant to an adopted policy that is in compliance with Regulation 18944.1 are not considered to be gifts to the recipient and do not need to be disclosed on an official's Form 700. However, the agency must complete a separate form that identifies the persons who received tickets or passes to events pursuant to the policy (Form 802). The Form 802 must be posted on the City's website, along with a copy of the adopted ticket policy, with a link forwarded to the FPPC.
FPPC Regulation 18944.1(c) requires a ticket distribution policy to at a minimum contain all of the following:
1. A provision setting forth the public purposes of the agency for which tickets or passes may be distributed.
2. A provision requiring that the distribution of any ticket or pass to, or at the behest of, an agency official accomplish a stated public purpose of the agency.
3. A provision prohibiting the transfer of any ticket received by an agency official pursuant to the distribution policy except to members of the official's immediate family or no more than one guest solely for their attendance at the event.
DISCUSSION:
The proposed ticket distribution policy complies with FPPC Regulation 18944.1. The policy designates the City Manager as the "Ticket Administrator" who is in charge of distributing tickets in accordance with the policy, but if tickets are going to be distributed to the City Manager then the Mayor shall serve as the Ticket Administrator. The Ticket Administrator determines the number of tickets that are distributed to an official, but consistent with Regulation 18944.1 the number of tickets cannot exceed the total number of persons in the official's immediate family (e.g. spouse/domestic partner and dependent children) plus one guest. For community events, the policy encourages the Ticket Administrator to provide an official with a ticket for their spouse or significant other whenever feasible to encourage officials to be involved in community events during non-business hours.
The policy allows for the distribution of tickets acquired by the City in any manner, including tickets that are provided by a third party gratuitously or pursuant to an agreement, tickets that are purchased by the City, and tickets to City events. However, if the donor of the tickets earmarks them for use by particular individuals and those individuals actually use the tickets, the distribution of those tickets is not pursuant to the policy and the tickets would be reportable as gifts to the official.
Tickets are required to be distributed to accomplish a public purpose. Section 5 of the policy lists the public purposes that may be served through a ticket distribution. Those purposes include:
1. Performance of a ceremonial role or function representing the City at the event.
2. The job duties of the City Official require his or her attendance at the event.
3. Economic or business development purposes on behalf of the City.
4. Intergovernmental relations purposes, 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.
5. Attracting or rewarding volunteer public service.
6. Supporting and/or showing appreciation for programs or services rendered by non-profit organizations benefiting City residents.
7. Encouraging or rewarding significant academic, athletic, or public service achievements by Cathedral City students, residents or businesses.
8. Supporting general employee morale and retention. (Elected City Officials are not eligible for tickets under this purpose).
9. As special recognition or reward for meritorious service by a City Official. (Elected City Officials are not eligible for tickets under this purpose).
10. For use in connection with a City employee competition or drawing.
City Council members and the City Manager are the only City officials that are allowed to direct the distribution of tickets to certain individuals. An official who behests tickets cannot use one of the tickets he or she directed to be distributed. Behested tickets must still serve one of the public purposes listed above.
FISCAL IMPACT:
None. Nothing in this policy requires the City to expend any money to acquire tickets.
ATTACHMENTS:
Resolution