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HomeMy WebLinkAbout2022-06-30; Clean Energy Alliance JPA; ; Consider Approval of Clean Energy Alliance Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1~ CLEAN ENERGY ALLIANCE DATE: TO: FROM: ITEM4: Staff Report June 30, 2022 Clean Energy Alliance Board of Directors Lindsay Thorson, General Counsel Consider Approval of Clean Energy Alliance Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1 RECOMMENDATION Approve Clean Energy Alliance Policy regarding the distribution of complimentary tickets or passes pursuant to FPPC Regulation 18944.1. BACKGROUND AND DISCUSSION As a governmental entity su bject to the California Fair Political Practices.Commission {FPPC) regulations, it is considered a best practice for Clean Energy Alliance (CEA) to have in place a policy that establishes a fair and equitable process for the distribution of complimentary tickets or passes. The proposed Policy is in compliance with the requirements of FPPC Regulation Section 18944.1. The proposed policy will be applicable to all officers, agents and employees of CEA who are obligated to file an annual Statement of Economic Interested (Form 700) under the Political Reform Act or CEA's current conflict of interest code. The policy governs the distribution of tickets or passes that have been provided to CEA free of charge, purchased by CEA, acquired by CEA pursuant to a contract for the use of a CEA venue or acquired and distributed in any other manner. The policy does not apply to any other item of value provided to CEA or any CEA official, whether received free of charge or for which consideration is provided; tickets or passes provided by sources other than CEA; tickets or passes received by a CEA Official from CEA where both the CEA Official and CEA treat and report the value of the ticket or pass as taxable income; a ticket or pass that the CEA official reimburses to CEA the fair value of the ticket within 30 days of receipt; a ticket provided to a CEA Official so that the CEA Official may perform a ceremonial role on behalf of CEA or as part of his or her job duties to assist the official performing the ceremonial role and is not a gift as provided by Section 18942(a)(13) of the FPPC Regulations. Section 6 of the proposed Policy lists the conditions under which tickets or passes distributed to CEA officials are not considered gifts under the Political Reforms Act. Tickets or passes distributed under this policy are subject to posting and disclosure as detailed in Section 9 of the proposed Policy. Specifically, within 45 days of distribution of a ticket or pass, CEA must report the distribution on FPPC Form 802 and post the Form 802 to CEA's website and email a link to the website that displays the Form 802 to the FPPC for the FPPC to post the link on its website. June 30, 2022 Ticket Distribution Policy Page 2 of2 Once adopted, this policy is to be posted to CEA's website within 30 days and a link to the website that displays the policy is to be emailed to the FPPC for the FPPC to post it to its website. FISCAL IMPACT None ATTACHMENTS Proposed Clean Energy Alliance Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1. Item 4 Attachment A ~ CLEAN ENERGY ALLIANCE POLICY REGARDING THE DISTRIBUTION OF COMPLIMENT ARY TICKETS OR PASSES PURSUANT TO FPPC REGULATION 18944.1 Section 1. Purpose of Policy CEA-### The purpose of this Policy is to establish a fair and equitable process for the distribution of complimentary tickets or passes to the Clean Energy Alliance ("CEA") in compliance with the requirements of Section 18944.1 of the Fair Political Practices Commission (FPPC) Regulations. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as now exist or may hereafter be added or amended. Section 2. 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 FPPC Regulations and the Political Reform Act. A. "CEA" shall mean the Clean Energy Alliance, and any departments, boards, committees, and commissions thereof. B. "CEA Official" shall mean every official, officer, agent and employee of CEA who is obligated to file an annual Statement of Economic Interests (FPPC Form 700) under the Political Reform Act or CEA's current conflict of interest code. C. "CEA Venue" shall mean and refer to any facility owned, controlled or operated by CEA. D. "FPPC" shall mean and refer to the California Fair Political Practices Commission. E. "FPPC Regulations" shall mean the Fair Political Practices Commission regulations contained in Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as the same may be amended from time to time. F. "Immediate Family" shall mean the spouse and dependent children of the CEA Official. The term spouse includes registered domestic partners recognized by state law. The term dependent children shall mean a child, including an adoptive child or stepchild, of a CEA Official who is under 18 years old and who the CEA Official is entitled to claim as a dependent on his or her federal tax return. G. "Pass" shall mean a Ticket that provides repeated access, entry, or admission to a facility or series of events and for which similar passes are sold to the public. H. "Policy" shall mean and refer to this Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1 Ticket or Pass Distribution Policy Proposed June 30, 2022 I. "Political Reform Act" shall mean California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may be amended from time to time) and the FPPC Regulations. J. "Ticket" shall mean anything that provides access, entry, or admission to a specific future event or function, and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits that the ticket provides. Section 3. Application of Policy A. This Policy shall be applicable to every officer, agent and employee of CEA who is obligated to file an annual Statement of Economic Interests (Form 700) under the Political Reform Act or CEA's current conflict of interest code. B. This Policy governs the distribution of Tickets or Passes by CEA to a CEA Official, or at the behest of a CEA Official , that are either: 1. Gratuitously provided to CEA by an outside source; 2. Acquired by CEA by purchase; 3. Acquired by CEA as consideration pursuant to the terms of a contract for the use of a CEA Venue; or 4. Acquired and distributed by CEA in any other manner. C. This Policy does not apply to the following: 1 . Other items of value. Any other item of value provided to CEA or any CEA Official, regardless of whether received gratuitously or for which consideration is provided. 2. Sources other than CEA. Tickets or Passes provided by sources other than CEA. 3. Taxable Income. A Ticket or Pass received by a CEA Official from CEA where both the CEA Official and CEA treat and report the value of the Ticket or Pass as taxable income consistent with applicable state and federal income tax laws and the Ticket is reported as income. 4. Reimbursement. A Ticket or Pass distributed by CEA to a CEA Official if such CEA Official pays to CEA the fair value of the ticket within 30 days of receipt. 5. Ceremonial Roles. A Ticket provided to a CEA Official so that the CEA Official may perform a ceremonial role on behalf of CEA or as part of his or her job duties to assist the official performing the ceremonial role, is not a gift as provided by Section 18942(a)(13) of the FPPC Regulations. Ticket or Pass Distribution Policy Proposed June 30, 2022 2 Section 4. General Provisions. A. No Right to Tickets or Passes: The use of complimentary Tickets or Passes is a privilege extended by CEA and not the right of any person to which the privilege may from time to time be extended. 8 . Limitation on Transfer of Tickets or Passes: Tickets or Passes distributed to a CEA Official pursuant to this Policy shall not be transferred to any other person, except to members of such CEA Official's Immediate Family or no more than one guest solely for their attendance at the event. If a CEA Official transfers a Ticket or Pass he or she has received from CEA to another person, as opposed to returning the Ticket or Pass to CEA for redistribution, then the value of the Ticket or Pass he or she transfers shall constitute a gift to him or her and shall be reportable as provided by the FPPC Regulations. C. Prohibition Against Sale of or Receiving Reimbursement for Tickets or Passes: No person who receives a Ticket or Pass pursuant to this Policy shall sell or receive reimbursement for the value of such Ticket or Pass. D. No Disproportionate Use. There shall be no disproportionate use of Tickets or Passes by any CEA Board member, Chief Executive Officer ("CEO"), political appointee or any department head. Section 5. Ticket Administrator A. The CEA Board delegates the authority to the CEO or his/her designee to be the Ticket Administrator for purposes of implementing the provisions of this Policy. 8 . The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets or Passes in accordance with this Policy. All requests for Tickets or Passes that fall within the scope of this Policy shall be made in accordance with the procedures established by the Ticket Administrator. C. The Ticket Administrator shall determine the fair value of Tickets or Passes distributed by CEA for purposes of reporting pursuant to Section 9 of this Policy. D. 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 or Passes. E. For the purpose of implementing this Policy, and completing and posting the FPPC California Form 802, the Ticket Administrator shall be the "Agency Head." The CEA Secretary is delegated responsibility for completing and posting the FPPC Form 802. Section 6. Conditions Under Which Tickets or Passes Distributed to CEA Officials are not considered a Gift under the Political Reform Act A. The Ticket Administrator must distribute complimentary Tickets or Passes to CEA Officials only pursuant to this Policy. Ticket or Pass Distribution Policy Proposed June 30, 2022 3 B. The Ticket or Pass is not earmarked by an outside source for use by specific CEA Official(s). The Ticket Administrator must determine, in its sole discretion, who uses the Ticket or Pass. C. The Ticket or Pass must be reported pursuant to Section 9 of this Policy. D. The distribution of the Ticket(s) to, or at the behest of, the CEA Official must accomplish or further one or more of the following governmental and/or public purposes: 1. Facilitating the performance of a ceremonial role or function by a CEA Official on behalf of CEA at an event, for which the CEA Official may receive enough Tickets or Passes for the CEA Official and each member of his or her Immediate Family. 2. Facilitating the attendance of a CEA Official at an event where the job duties of the CEA Official require his or her attendance at the event, for which the CEA Official may receive enough Tickets or Passes for each member of the CEA Official's Immediate Family. 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. Economic or business development purposes on behalf of CEA. 5. Promotion of CEA resources and/or facilities available to CEA customers. 6. Promotion of CEA-run, sponsored or supported community events, activities or programs. 7. To monitor and evaluate the value of CEA-run, sponsored or supported community events, activities or programs, including, but not limited to, evaluation of the venue, quality of performances and compliance with CEA policies, agreements and other requirements. 8. Promotion and evaluation of events, activities or programs at CEA venues, including but not limited to evaluation of the venue, quality of performances and compliance with CEA policies, agreements and other requirements. 9. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting CEA customers. 10. Promotion of CEA on a local, state, national or worldwide scale. 11 . Promotion of CEA recognition, visibility, and/or profile on a local, state, national or worldwide scale. 12. Encouraging CEA customer support for and attendance at local events. 14. Encouraging participants in CEA sponsored programs to attend local events. 15. Attracting or rewarding volunteer public service. 16. Encouraging or rewarding significant achievements of CEA customers. Ticket or Pass Distribution Policy Proposed June 30, 2022 4 17. Attracting and retaining highly qualified employees to CEA. 18. Recognizing or rewarding meritorious service by a CEA employee. 19. Promoting enhanced CEA employee performance or morale. 20. As an incident to the above public purposes, allowing for the Immediate Family of the CEA Official to accompany the CEA Official to events to accomplish any of the purposes listed in this Resolution. E. The CEA Official receiving a Ticket or Pass shall prepare a written inspection report of findings and recommendations if part of the public purpose for which the Ticket or Pass was received was for the public oversight or inspection of facilities. Section 7. Tickets or Passes Distributed at the Behest of a CEA Official. A. Only the following CEA Officials shall have authority to behest Tickets or Passes: CEA Board Members, and the CEO. B. Tickets or Passes shall be distributed at the behest of a CEA Official only for one or more public purposes set forth in Section 6.0. above. C. If Tickets or Passes are distributed at the behest of a CEA Official, such CEA Official shall not use one of the Tickets or Passes so distributed to attend the event. Section 8. Other Benefits A. The distribution of Tickets or Passes pursuant to this Policy shall not constitute a "gift" to the CEA Official receiving the Ticket, however, other benefits, such as food or beverage or other gifts provided to the CEA Official that are not given to the general public as part of the Ticket or Pass admission, will need to be accounted for as gifts. B. If CEA receives complimentary Tickets or Passes that are earmarked for particular CEA Officials, then the Tickets or Passes are considered gifts to that particular CEA Official. If these Tickets or Passes are not returned unused to the provider within thirty (30) days of receipt, then the CEA Official must comply with the applicable FPPC gift limit regulations and reporting regulations. Section 9. Posting and Disclosure Requirements A. Within 30 days of adoption or amendment of this Policy, the Policy shall be posted on CEA's website and a link to the website that displays CEA's Policy shall be e-mailed to the FPPC in order for the FPPC to post the link on its website. B. Within 45 days of distribution of a Ticket or Pass, CEA must report the distribution on FPPC Form 802 containing the information required to be reported under Regulation 18944.1 (d), and post the Form 802 on CEA's website and a link to the website that displays CEA's Form 802s shall be e-mailed to the FPPC in order for the FPPC to post the link on its website. C. This Policy and CEA's Form 802s are public records and are subject to inspection and c9pying under Government Code Section 81008. Ticket or Pass Distribution Policy Proposed June 30, 2022 5