HomeMy WebLinkAboutItem 1c: Resolution No. 6845 adopting an amended Ticket Distribution Policy; and repealing Resolution No. 6753 in its entirety. air
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unity of STAFF REPORT
Office of the City Manager
DATE: August 21, 2012
TO: Honorable Mayor and City Council Members
FROM: Dominic Lazzaretto, City Mana er ' S--
Stephen P. Deitsch, City Attorney A
Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager
SUBJECT: RESOLUTION NO. 6845 ADOPTING AN AMENDED TICKET
DISTRIBUTION POLICY, AND REPEALING RESOLUTION NO. 6753 IN
ITS ENTIRETY
Recommendation: Adopt
SUMMARY
Over the last four years, the Fair Political Practices Commission ("FPPC") has adopted
a number of amendments to gift regulations regarding the types of gifts required to be
disclosed and those requiring disqualification from decision making by a public official
under the Political Reform Act ("Act"). In order to comply with these amendments, it is
recommended the City Council adopt Resolution No. 6845 adopting a new Ticket
Distribution Policy.
DISCUSSION
The purpose of the City's Ticket Distribution Policy ("Policy") is to ensure that all tickets
provided to the City be distributed in furtherance of a governmental and/or public
purpose, as required under FPPC Regulation 18944.1. In December 2011, the FPPC
completed an almost year-long review of its gift regulations. Over a series of meetings,
the FPPC adopted a revised and updated set of gift regulations for public officials. The
purpose of the amendments is to make the regulations more readable, internally
consistent, and less duplicative.
FPPC regulation 18944.1 sets out the circumstances under which an agency's
distribution of tickets or passes to, or at the behest of, a public official or employee does
not result in a gift reportable on annually filed Forms 700 (Statement of Economic
Interests). Even though the distribution of tickets or passes to a public official under the
regulation is not a gift to the official, the agency must continue to disclose the names of
those recipients on its FPPC Form 802, which the City must now forward directly to the
Honorable Mayor and City Council
August 21, 2012
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Page 1 of 2
FPPC for posting on their website. It is no longer mandatory that a public agency post
its ticket policy and Form 802 on its website, but public agencies must continue to retain
these forms as a public record, as required under the Act.
The proposed Ticket Distribution Policy incorporates these changes. The City Attorney
assisted in developing the revised policy to ensure its adherence to the new regulations.
FISCAL IMPACT
There is no fiscal impact as a result of the proposed City Council action.
RECOMMENDATION
It is recommended the City Council adopt Resolution No. 6845, a Resolution of the City
Council of the City of Arcadia, California, adopting an amended Ticket Distribution
Policy; and repealing Resolution No. 6753 in its entirety.
Attachments — Resolution No. 6845 and amended Ticket Distribution Policy
if
RESOLUTION NO. 6845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ADOPTING AN AMENDED TICKET
DISTRIBUTION POLICY, AND REPEALING RESOLUTION
NO. 6753 IN ITS ENTIRETY
WHEREAS, in December 2011, the California Fair Political Practices
Commission ("FPPC") adopted a number of amendments to gift regulations regarding
the types of gifts required to be disclosed and those requiring disqualification from
decision making by public officials under the Political Reform Act ("Act"); and
WHEREAS, the purpose of the City's Ticket Policy is to ensure that all tickets
provided to the City be distributed in furtherance of a governmental and/or public
purpose, as required under FPPC regulation 18944.1; and
WHEREAS, from time to time, the City receives complimentary or discounted
tickets and/or passes to entertainment or similar events from outside sources for
distribution to City officials and/or employees; and
WHEREAS, the City occasionally will also purchase tickets or passes to
entertainment events for its employees or officials for governmental purposes; and
WHEREAS, on April 7, 2009, the City Council adopted a Ticket Distribution
Policy to conform with Section 18944.1 of the California Code of Regulations; and, as
amended on February 15, 2011; and
WHEREAS, pursuant to current FPPC regulations, as amended, the City Council
desires to adopt a clear and concise amended policy regarding the distribution of tickets
and/or passes entertainment or similar events.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
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1.
SECTION 1. The City Council hereby adopts the amended Ticket Distribution
Policy (Administrative Policy No. 11-08), as attached to this Resolution.
SECTION 2. City Council Resolution No. 6753 is hereby repealed in its
entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of 2012.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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ADMINISTRATIVE POLICY
14 rio!.! Policy No.: II-08
01 leaks SUBJECT: TICKET DISTRIBUTION POLICY Adopted: 04/07/2009
Amended: 02/15/2011
08/21/2012
CITY MANAGER
A. PURPOSE
The purpose of this policy is to ensure that all Tickets provided to the City shall be
distributed in furtherance of governmental and/or public purposes as required under Fair
Political Practices Commission (FPPC) Regulation 18944.1.
B. APPLICATION
1. This policy applies to Tickets which 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 at full price or at a discount;
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.
2. This policy does not apply to any other item of value provided to the City or
any City Official, regardless of whether received gratuitously or for which
consideration is provided.
3. This policy shall supersede and replace any other City policy pertaining to the
distribution of Tickets.
C. 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 California Political
Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may from
time to time be amended) and the Fair Political Practices Commission ("FPPC")
Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18110 et
seq., as the same may from time to time be amended).
1. "City" or "City of Arcadia" shall mean and include the City of Arcadia, any
other affiliated agency or body created or activated by the Arcadia City
Council, and any departments, boards and commissions of the City of
Arcadia.
�µ.P°emu • ADMINISTRATIVE POLICY
061P" 131 Policy No.: II-08
"�� SUBJECT: TICKET DISTRIBUTION POLICY Adopted: 04/07/2009
Amended: 02/15/2011
08/21/2012
2. "City Official" means every member, official, officer, employee or consultant of
the City of Arcadia, as defined in Government Code Section 82048 and FPPC
Regulation 18701. Such term shall include, without limitation, any City board
or commission member or other appointed official or designated employee
required to file an annual Statement of Economic Interests (FPPC Form 700).
3. "Immediate family" means spouse and dependent children. The term
"spouse" includes registered domestic partners (FPPC Regulation 18229).
4. "Ticket" means and includes any form of admission privilege, including without
limitation passes, to a facility, event, show or performance for an
entertainment, amusement, recreational or similar purpose provided by the
City to, or at the behest of, a City Official.
D. GENERAL PROVISIONS
1. The use of complimentary Tickets is a privilege extended by the City and not
the right of any person to whom the privilege may from time to time be
extended.
2. Tickets received by a City Official pursuant to this policy shall not be
transferred, except to members of such City Official's immediate family or to
no more than one guest solely for his or her attendance at the event.
3. No person who receives a Ticket pursuant to this policy shall sell or receive
reimbursement for the value of such Ticket.
4. 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 outside source for use by a specific City Official or a certain
class of City Officials.
5. This policy does not generally apply to political or nonprofit fundraisers which
are governed by a separate FPPC regulation.
6. Tickets received or directed for use by a City Official not in conformance with
this policy remain subject to separate disclosure requirements and the annual
gift limit under the California Political Reform Act and related regulations,
unless otherwise exempted or excluded under state law.
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,f•� '4•, ADMINISTRATIVE POLICY
��,,,, Policy No.: II-08
oil 4`" SUBJECT: TICKET DISTRIBUTION POLICY
Adopted: 04/07/2009
,,N Amended: 02/15/2011
08/21/2012
7. Tickets to events that primarily provide information and related material and
are provided to assist the City Official in the performance of his or her official
duties or those of his or her elected office are also not generally subject to this
policy. To the extent that any event might be considered to be more
entertainment-oriented, the City Attorney's office should be consulted
concerning possible disclosure and reporting requirements.
8. Tickets provided to a City Official and one guest for admission to a facility,
event, show, or performance for an entertainment, amusement, recreational,
or similar purpose, at which the City Official performs a ceremonial role on
behalf of the City, shall not be subject to this policy so long as the City
complies with the reporting requirements set forth below. Any City Official
who attends the event as part of his or her job duties for the purpose of
assisting another City Official who is performing the ceremonial role shall not
be deemed to have received a gift or income by attending the event.
9. Any City Official, any member of the City Official's immediate family, or any
guest of the City Official may return any unused ticket to the City for
redistribution pursuant to this policy.
10. The FPPC recognizes the discretion of the City Council to determine whether
the distribution of a Ticket serves a legitimate public purpose of the City,
provided the determination is consistent with state law.
11. The provisions of this policy apply only to benefits the City Official receives
that are provided to all members of the public possessing the same class of
Ticket.
E. TICKET ADMINISTRATOR
1. The City Manager or his/her designee, shall be the Ticket Administrator for
purposes of implementing the provisions of this policy. In such case where the
City Manager desires to obtain a Ticket, the City Council authorizes the Mayor
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.
2. The Ticket Administrator 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 these procedures.
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- ADMINISTRATIVE POLICY
' E 1-4„
Policy No.: II-08
�4
SUBJECT: TICKET DISTRIBUTION POLICY Adopted: 04/07/2009
Amended: 02/15/2011
08/21/2012
3. The value of any Ticket shall be deemed to be its face value unless calculated
otherwise pursuant to FPPC Regulation 18946.1.
4. The Ticket Administrator, in his or her sole discretion, may revoke or suspend
the Ticket privileges of any person who violates any provision of this policy or
the procedures established by the Ticket Administrator for the distribution of
Tickets.
5. If available, the City Manager shall attend all events to which the City obtains
control of Tickets as the City's primary representative.
F. CONDITIONS UNDER WHICH TICKETS MAY BE DISTRIBUTED
Subject to the following conditions, complimentary Tickets may be distributed to City
Officials pursuant to any one or more of the following:
1. The City Official reimburses the City for the face value of the Ticket(s),
provided that:
a) reimbursement shall be made at the time the Ticket(s) is/are distributed to
the City Official, and
b) the Ticket Administrator shall, in his or her sole discretion, determine
which Tickets, if any, shall be made available under this section.
2. The City Official treats the Ticket(s) as income consistent with applicable
federal and state income tax laws and the City reports the distribution of the
Ticket(s) as income to the City Official in compliance with the reporting
requirements set forth below.
3. The City Official reports the Ticket(s) as a gift on his or her FPPC Form 700
when no governmental or public purpose (as set forth below) for the use of
the Ticket(s), or for distribution at the behest of a City Official, has been
identified by the Ticket Administrator.
4. The distribution of the Ticket(s) to, or at the behest of, a City Official
accomplishes a governmental and/or public purpose. The following list of
governmental and/or public purposes the City may accomplish through the
distribution of Tickets is illustrative rather than exhaustive:
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4t-',1V41„4,0, ADMINISTRATIVE POLICY
0 ?, Policy No.: II-08
�` ' �� Adopted: 04/07/2009
SUBJECT: TICKET DISTRIBUTION POLICY Amended: 02/15/2011
\ / • 08/21/2012
a) Facilitating the attendance of a City Official at an event where the job
duties of the City Official require his or her attendance at the event.
b) 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.
c) Promotion of City resources and/or facilities available to Arcadia residents.
d) Promotion of City run, sponsored or supported community programs or
events.
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e) Promoting, supporting and/or showing appreciation for programs or
services rendered by charitable and non-profit organizations benefiting
Arcadia residents.
f) Promotion of business activity, development, and/or redevelopment within
the City.
g) Promotion of City-owned businesses.
h) Promotion of City tourism on a local, state, national or worldwide scale.
i) Promotion of City recognition, visibility, and/or profile on a local, state,
national or worldwide scale.
j) Promotion of open government by City Official appearances, participation
and/or availability at business and/or community events.
k) Increasing public exposure to, and awareness of, the various recreational,
cultural, and educational venues and facilities available to the public within
the City.
I) Attracting or rewarding volunteer public service.
m) Encouraging or rewarding significant academic, athletic, or public service
achievements by Arcadia students, residents or businesses.
n) Attracting and retaining highly qualified employees in City service.
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14 wair ii
44 - ADMINISTRATIVE POLICY
Policy No.: II-08
,— �~ SUBJECT: TICKET DISTRIBUTION POLICY Adopted: 04/07/2009
Amended: 02/15/2011
08/21/2012
o) Recognizing or rewarding meritorious service by a City employee.
p) Promoting enhanced City employee performance or morale.
q) Recognizing contributions made to the City by former City Council
members or City employees.
r) Fulfilling sponsorship agreements involving private events where the City
specifically seeks to enhance the City's reputation, either locally or
regionally, by serving as host in order to provide opportunities to meet and
greet visitors, dignitaries and residents.
s) Fulfilling written contracts where the City as a form of consideration has
required that a certain number of tickets or suites be made available for its
use.
t) Attending charitable fundraisers for the purpose of networking with other
community and civic leaders.
u) Attendance by spouses/partners of a City Official in order to accompany
the City Official to any of the events listed above.
5. Tickets obtained by the City (i) pursuant to the terms of a contract for use of
public property, (ii) because the City controls the event, or (iii) by purchase at
fair market value, are used by or distributed, at the behest of a City Official, in
accordance with this policy. When Tickets are received for the purposes set
forth herein, are distributed to a City Official, other than an elected official or
member of the legislative or governing body of the City, for the City Official's
personal use, to support general employee morale, retention, or to reward
public service is deemed to serve a public purpose, and any Tickets
distributed to a City Official for such purpose must be reported as described
below. For purposes of this subsection, "personal use" means use by the City
Official, his or her family, or no more than one guest.
G. DISCLOSURE/REPORTING REQUIREMENTS
Tickets distributed to City Officials pursuant to Section F above, or for a ceremonial purpose
as defined in FPPC Regulation 18942 (a)(12), must be maintained as a public record by the
City, subject to inspection and copying under Government Code section 81008 (a). A
record of the Ticket must be completed on Form 802, or any alternative form subsequently
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�•� ADMINISTRATIVE POLICY
i cWVO►,y4:
Policy No.: 11-08
" . SUBJECT: TICKET DISTRIBUTION POLICY
Adopted: 04/07/2009
tee• Amended: 02/15/2011
•`" 08/21/2012
adopted by the FPPC. This form must be forwarded to the FPPC for posting on the FPPC's
website.
This public record shall include the following information.
• The name of the recipient, except that if the recipient is an organization, the City
may post the name, address, description of the organization and number of
Tickets provided to the organization in lieu of posting the names of each
recipient;
• a description of the event;
• the date of the event;
• the face value of the Ticket;
• the number of Tickets provided to each person;
• if the Ticket is requested by an official, the name of the official who requested the
Ticket; and
• a description of the public purpose under which the distribution was made or,
alternatively, that the Ticket was distributed as income to the official.
Tickets distributed by the City for which the City receives reimbursement from a City
Official, or which are reported as a gift on FPPC Form 700, shall not be subject to the
disclosure provisions set forth above.
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