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HomeMy WebLinkAbout2009-10-27; City Council; 20018; Ticket Distribution Council Policy adoptionCITY OF CARLSBAD - AGENDA BILL 20.018AB# MTG. 10/20/09 DEPT.CA Implementation of a Ticket Distribution Policy as Required by FPPC Regulation 18944.1 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Approve Resolution No. 2009-270 implementing a "written policy" containing provisions setting forth the public purposes of the agency to be accomplished by the distribution of tickets or passes, and a provision prohibiting the transfer by an official of any ticket or pass, distributed to such official, to any other person, except to members of the official's immediate family solely for their personal use. ITEM EXPLANATION: Fair Political Practices Committee ("FPPC") revised Regulation 18944.1 as of February 1, 2009, to set out the circumstances under which an agency's distribution of tickets or passes to or at the behest of an official in the agency does not result in a gift to the official. The distribution of tickets or passes to an official under the regulation is not a gift to the official if it is not earmarked by the original source for use by the agency official who uses the ticket or pass, the agency determines in its sole discretion, which official may use the ticket or pass, and the distribution of the ticket or pass by the agency is made in accordance with the written policy adopted by the agency. However, the agency must disclose the distribution on Form 802, a copy of which is attached as Exhibit 3. The distribution of a ticket or pass, including a ticket or pass that the official treats as income consistent with applicable state and federal income tax laws and the distribution of which the agency reports as income, should be posted on Form 802 on the City's website, within 30 days after the distribution. The posting must include: the name of the person receiving the ticket or pass, description of the event, date of the event, face value of the ticket or pass, number of tickets or passes provided to each person, if the ticket or pass is behested, the name of the official who behested the ticket or pass; and a description of the public purpose under which the distribution was made or, alternatively, that the ticket or pass was distributed as income to the official. The regulation requires the City to adopt a "written policy" containing a provision setting forth the public purposes of the agency to be accomplished by the distribution of tickets or passes, a provision requiring that the distribution of any ticket or pass by the agency, to or at the behest of, an official accomplish a public purpose of the agency, and a provision prohibiting the transfer by an official of any ticket or pass, distributed to such official, to any other person, except to members of the official's immediate family solely for their personal use. This written policy should also be posted on the City's website. If the ticket or pass is distributed as income, the ticket or pass must be reported on Form 802 and posted on the City's website. DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 FISCAL IMPACT: There may be a nominal cost to the City of Carlsbad for the staff time necessary to complete the reporting requirements of the Regulation. ENVIRONMENTAL IMPACT: The proposed action has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore is not a "project" within the definition of that term under the California Environmental Quality Act (Pub.Res. Code section 21065). EXHIBITS: 1. Resolution 2009-270 2. FPPC Regulation 18944.1 3. Form 802 4. Council Policy Statement: Ticket Distribution Policy 1 RESOLUTION NO. 2009-270 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A WRITTEN 3 POLICY FOR TICKET DISTRIBUTIONS PURSUANT TO 4 FPPC REGULATION 18944.1 5 WHEREAS, from time to time, the City of Carlsbad receives tickets or passes 6 which are not directed to any particular individual; and 7 WHEREAS, the Fair Political Practices Commission has recently changed 8 g Regulation 18944.1 regarding the distribution of tickets or passes to or at the behest of !0 an official in the agency; and 11 WHEREAS, Regulation 18944.1 requires that the City Council adopt a written 12 policy containing provisions setting forth the public purposes of the agency to be 13 accomplished by the distribution of tickets or passes, a provision requiring that the 14 distribution of any ticket or pass by the agency, to or at the behest of, an official 15 accomplish a public purpose of the agency, and a provision prohibiting the transfer by 16 an official of any ticket or pass, distributed to such official, to any other person, except to 17 members of the official's immediate family solely for their personal use; and18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 20 Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. That a written policy shall determine the circumstances under which the City's 23 distribution of tickets or passes accomplish a public purpose. 24 3. The City Manager shall report any tickets or passes made to the City on 25 FPPC Form 802 within 30 days after the distribution. 26 27 4. The City Manager shall provide the completed form 802 to the City Clerk. 28 1 5. The City Clerk shall be the filing officer for these forms and shall maintain 2 official custody of the completed forms. 6. A copy of the completed Form 802 will be kept by the City Clerk and shall be 4 considered a public record subject to inspection and copying under Section 5 81008(a).6 7 7. The City Clerk shall prepare a log of all Form 802s and shall maintain said log for not less than four years. 9 8. The City Clerk will publish the information from form 802 on the City's 10 website. 11 12 // 13 " 14 15 ,6 " 17 18 // 19 // 20 // 21 // 22 // 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27 day of October . 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, and Blackburn NOES: None. ABSENT: None. CLAUDE A LEWIsTMayor ATTEST: <<^^&d&L J :y Clerk (Regulations of the Fair Political Practices Commission Title 2, Division 6, California Code of Regulations) § 18944.1. Gifts: Tickets or Passes to Events. For purposes of this regulation "ticket or pass" means admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose. (a) Ticket or pass provided by source other than official's agency. A ticket or pass provided to an official for his or her admission to an event at which the official performs a ceremonial role or function on behalf of the agency is not a gift to the official. (b) Ticket or pass provided to official by official's agency. (1) When an agency provides a ticket or pass to an official of that agency, the ticket or pass is not subject to the provisions of this regulation, provided that the official treats the ticket or pass as income consistent with applicable state and federal income tax laws and the agency reports the distribution of the ticket or pass as income to the official in complying with the provisions of subdivision (d) below. (2) When an agency provides a ticket or pass to a public official that otherwise meets the definition of gift under Section 82028 and is not exempt under applicable Commission regulations, the official will meet the burden under Section 82028 that equal or greater value has been provided in exchange therefor, provided that all of the following requirements are met: (A) With respect to a ticket or pass from an outside source provided to an official by the official's agency: (i) The ticket or pass is not earmarked by the original source for use by the agency official who uses the ticket or pass; (ii) The agency determines, in its sole discretion, which official may use the ticket or pass. (iii) The distribution of the ticket or pass by the agency is made in accordance with a policy adopted by the agency in accordance with subdivision (c) below. (B) With respect to a ticket or pass provided by the official's agency to an agency official, which ticket or pass the agency obtains (i) pursuant to the terms of a contract for use of public property, (ii) because the agency controls the event (such as a state or county fair), or (iii) that is purchased by the agency at fair market value, the distribution of the ticket or pass is made in accordance with subdivision (c) below. (c) Any distribution of tickets or passes under subdivision (b)(2) by an agency to, or at the behest of, its officials must be made pursuant to a written policy duly adopted by legislative or governing body of the agency that state the public purposes to be accomplished by the agency policy. If the agency maintains a website, the written policy shall be posted on the website in a prominent fashion. The written policy shall contain, at a minimum, the following: (1) a provision setting forth the public purposes of the agency to be accomplished by the distribution of tickets or passes; (2) a provision requiring that the distribution of any ticket or pass by the agency to, or at the behest of, an official accomplish a public purpose of the agency; and (3) a provision prohibiting the transfer by any official of any ticket or pass, distributed to such official pursuant to the agency policy, to any other person, except to members of the official's immediate family solely for their personal use. (d) The distribution of a ticket or pass pursuant to this regulation, including a ticket or pass that is provided to the official under subdivision (b)(l) above, shall be posted, on a form provided by the Commission, in a prominent fashion on the agency's website, within 30 days after the distribution. If the agency does not maintain a website, the form shall be maintained as a public record, be subject to inspection and copying under Section 81008(a), and be forwarded to the Commission for posting on its website. The posting shall include the following: (1) the name of the person receiving the ticket or pass, except that if the ticket or pass is distributed to an organization outside the agency, the agency may post 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; (2) a description of the event; (3) the date of the event; (4) the face value of the ticket or pass; (5) the number of tickets or passes provided to each person; (6) if the ticket or pass is behested, the name of the official who behested the ticket or pass; and (7) a description of the public purpose under which the distribution was made or, alternatively, that the ticket or pass was distributed as income to the official. (e) The Commission recognizes the discretion of the legislative or governing body of an agency to determine whether the distribution of a ticket or pass serves a legitimate public purpose of the agency, provided the determination is consistent with state law. (f) The provisions of subdivision (b) apply only to the benefits the official receives by the admission and are not applicable to any other benefits the official may receive that are not included with the admission, such as food or beverages, or any other item presented to the official at the event. Note: Authority cited: Section 83112, Government Code. Reference: Section 82028, Government Code. HISTORY 1. Renumbering of former section 18726.7 to section 18944.1 with amendment of section heading filed 6-22-94; operative 6-22-94 (Register 94, No. 25). 2. Change without regulatory effect relocating section filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46). 3. Amendment of first paragraph and subsections (a)-(b) and (d)-(e) filed 7-25-95; operative 7-25-95 pursuant to Government Code sectionl 1343.4(d) (Register 95, No. 30). 4. Repealer and new section filed 1-8-2009; operative 2-7-2009. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil 010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2009, No. 2). Tickets Provided by Agency Report A Public Document TICKETS PROVIDED BY AGENCY REPORT 1. Agency Name Division, Department, or Region (if applicable) Street Address Date Stamp California Form For Official Use Only Area Code/Phone Number E-mail Agency Contact (name and title) l~l Amendment (Must explain in Part 5.) Date of Original Filing:.(month, day, year) 2. Event For Which Tickets Were Distributed Date(s) of Event: / / Description of Event: _ 1 / Face Value of Ticket: $. Agency Event D Yes Q No (Identify source of tickets below.) Name of Outside Source of Ticket(s) Provided to Agency: Number of Tickets Received:Pursuant to Contract 3. Agency Official(s) Receiving Ticket(s) (use a continuation sheet for additional names) Name of Official (Last, First) Number of Tickets State Whether the Distribution is Income to the Official or Describe the Public Purpose for the Distribution 4. Individual or Organization Receiving Ticket(s) (Provided at the behest of an agency official.) Name of Behesting Agency Official: Name of Individual or Organization: Number of Tickets: Description of Organization: Address of Organization: Number and Street City State Zip Code Purpose for Distribution: (Describe the public purpose for the distribution to the organization.) 5. Verification / have determined that the distribution of tickets set forth above is in accordance with the provisions of FPPC Regulation 18944.1. Signature of Agency Head or Designee Print Name Title Comment: (Use this space or an attachment for any additional information including amendment explanation.) (month, day, year) FPPC Form 802 (Feb/09) FPPC Toil-Free Helpline: 866/ASK-FPPC (866/275-3772) Tickets Provided by Agency Report California Form 802 A Public Document This form is for use by all state and local government agencies to disclose the distribution of tickets or passes that allow admission to facilities, events, shows, or performances for entertainment, amusement, recreational, or similar purposes. The agency must complete Form 802 identifying agency officials who receive tickets or passes from the agency as well as other individuals and organizations that receive tickets or passes at the behest of agency officials. Form 802 must be posted in a prominent fashion on the agency's website. Gifts of Tickets or Passes to Public Officials FPPC Regulation 18944.1 sets out the circumstances under which an agency's distribution of tickets or passes to or at the behest of an official in the agency does not result in a gift to the official. (Regulation 18944.1 is available on the FPPC website at www.fppc.ca.gov.) 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 disclose the distribution on Form 802. The official does not have to disclose tickets or passes received or distributed under the regulation on his or her Statement of Economic Interests (Form 700), but tickets or passes received or distributed by the official that do not fall under the regulation may be subject to disclosure on the official's Form 700 and subject to gift limits. Posting Form 802 The Form 802 must be posted on the agency's website within 30 days after the distribution. If the agency does not maintain a website, the form must be maintained by the agency as a public record, be available for public inspection and copying, and be forwarded to the FPPC for posting on its website. Parti. Agency Identification List the agency's name, address and the name of an agency contact. Mark the amendment box if changing any information on a previously filed form and include the date of the original filing. Part 2. Event For Which Tickets Were Distributed Provide the date(s) of the event, a description of the event, and the face value (i.e. the cost to the public) of the ticket or pass. Check the box indicating whether the event was an "agency event" (such as a county fair, or an event for which the agency purchased tickets). If the agency received the tickets from an outside source, identify the source, the number of tickets received, and check the box to identify whether the tickets or passes were provided to the agency: Gratuitously; or Pursuant to a contract. Part 3. Agency Official(s) Receiving Ticket(s) Disclose the name of each agency official that received a ticket or pass and the number of tickets or passes the official received. Also state whether the distribution is income to the official or describe the public purpose for which the official received the tickets or passes. Part 4. Individual or Organization Receiving Ticket(s) If tickets or passes were distributed to an individual or organization outside the agency, at the behest of an official of the agency, provide the name of the official. Disclose the name(s) of the individuals(s) who received the tickets or passes and the number of tickets or passes provided. If the tickets or passes were provided to an organization, the agency may post the name, address, a description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the name of each individual that received a ticket or pass. Also, describe the public purpose for the distribution to the individual or organization. Parts. Verification The agency head or his or her designee must sign the form. Privacy Information Notice Information requested on all FPPC forms is used by the FPPC to administer and enforce the Political Reform Act (Government Code Sections 81000-91014 and California Code of Regulations Sections 18109-18997). All information required by these forms is mandated by the Political Reform Act. Failure to provide all of the information required by the Act is a violation subject to administrative, criminal, or civil prosecution. All reports and statements provided are public records open for public inspection and reproduction. If you have any questions regarding this Privacy Act Notice, please contact the FPPC. General Counsel Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (916)322-5660 FPPC Form 802 (Feb/09) FPPC Toil-Free Helpline: 866/ASK-FPPC (866/275-3772) M- <\ CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 76 Page 1 of 3 Date Issued October 27. 2009 Effective Date nri-ohm- ?7, ?OOQ Cancellation Date n/a Supersedes No. n/a General Subject: TICKET DISTRIBUTION POLICY Specific Subject: DISTRIBUTION OF TICKETS OR PASSES TO CITY OFFICIALS Copies to: City Council, City Manager, City Clerk, and City Attorney BACKGROUND: Fair Political Practices Commission ("FPPC") revised Regulation 18944.1 as of February 1, 2009 to set out the circumstances under which an agency's distribution of tickets or passes to or at the behest of an official in the agency does not result in a gift to the official. The distribution of tickets or passes to an official under the regulation is not a gift to the official if it is not earmarked by the original source for use by the agency official who uses the ticket or pass, the agency determines in its sole discretion, which official may use the ticket or pass, and the distribution of the ticket or pass by the agency is made in accordance with the written policy adopted the agency. The regulation requires the City to adopt a "written policy" containing a provision setting forth the public purposes of the agency to be accomplished by the distribution of tickets or passes, a provision requiring that the distribution of any ticket or pass by the agency, to or at the behest of, an official of any ticket or pass, distributed to such official, to any other person, except to members of the official's immediate family solely for their person use. This written policy should also be posted on the City's website. If the ticket or pass is distributed as income, the ticket or pass must also be reported on Form 802 and posted on the City's website. PURPOSE: It is the intent of this policy to set forth public purposes to be accomplished concerning the distribution of tickets or passes provided to the City of Carlsbad. POLICY: 1. This policy applies to tickets which provide admission to a facility, event, show or performance for the purpose of 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 CITY OF CARLSBAD COUNCIL POLICY STATEMENT Page 2 of 3 Policy No. 76 Date Issued October 27, 2009 Effective Date Qp.t-.ohpr 27, ?nOQ Cancellation Date n/a Supersedes No. n/a General Subject: TICKET DISTRIBUTION POLICY Specific Subject: DISTRIBUTION OF TICKETS OR PASSES TO CITY OFFICIALS Copies to: City Council, City Manager, City Clerk, and City Attorney d) acquired and distributed by the City in any other manner. 2. The City may only distribute such ticket(s) to or at the behest of, an official in order to accomplish a public purpose. The following is a list of public purposes the City may accomplish through the distribution of tickets: a) Performance of a ceremonial role or function representing the City at the event, for which the City Official may receive enough tickets for the City Official and each member of his or her immediate family. b) The job duties of the City Official require his or her attendance at the event, for which the City Official may receive enough tickets for the City Official and each member of his or her immediate family. c) Economic or business development purposes on behalf of the City. d) Intergovernmental relation 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. e) Attracting or rewarding volunteer public service. f) Supporting and/or showing appreciation for programs or services rendered by non-profit organizations benefiting City of Carlsbad residents. g) Attracting and retaining highly qualified employees in City service. h) As special recognition or reward for meritorious service by a City employee. i) For use in connection with a City employee competition or drawing. j) Recognition of contributions made to the City by former City Council Members or City Executive Managers. k) Any other public purpose as determined by majority vote of the City Council. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 76 Page 3 of 3 Date Issued October 27, 2009 Effective Date October 27. 2009 Cancellation Date n/a Supersedes No. n/a General Subject: TICKET DISTRIBUTION POLICY Specific Subject: DISTRIBUTION OF TICKETS OR PASSES TO CITY OFFICIALS Copies to: City Council, City Manager, City Clerk, and City Attorney 3. Tickets distributed 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. 4. Tickets distributed by the City to any City Official either i) which the City Official treats as income, or ii) for one or more public purposes described above, shall be posted on a form provided by the FPPC in a prominent fashion on the City's website within thirty (30) days after distribution. Such posting shall include the following information: a) 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; b) a description of the event; c) the date of the event; d) the face value of the ticket; e) the number of tickets provided to each person; f) if the ticket was distributed at the behest of a City Official, the name of the City Official who made the behest; and g) a description of the public purpose(s) under which the distribution was made, or alternatively, that the City Official is treating the ticket as income.