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HomeMy WebLinkAboutReso 2010-022 - City Council Policy No 220 , . . RESOLUTION NO. 2010 - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING CITY COUNCIL POLICY NO. 220 PERTAINING TO DISTRIBUTION OF EVENT TICKETS AND PASSES TO CITY OFFICIALS WHEREAS, from time to time, the City of Redding (the "City") receives event tickets and passes from third party sources, or obtains them directly, for use by various City officials; and WHEREAS, pursuant to 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 other 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 and facilities; and WHEREAS, tickets and passes are not considered gifts to public officials if the City distributes the tickets and passes in accordance with a duly adopted written policy consistent with the provisions of section 18944.1. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that City Council Policy No. 220 titled "Distribution of Tickets and Passes," attached hereto and made a part hereof, is hereby adopted. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 16th day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, Mc None None None .' Attest: . -, -.-._',,- Approved as to Form: ~~ ~ 6 2 ~ 9-> ,;." ~. . P AMELA_ M~~E,:Dep' . . CITY OF REDDING, CALIFORN COUNCIL POLICY SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE Distribution of Tickets and Passes 2010 - 22 220 02-16-10 lof2 PURPOSE This policy governs the distribution of tickets and passes for a facility, event, show or other performance for entertainment, amusement, recreational or similar purposes ("Event"), either received by the City of Redding and/or any of its related agencies ("City") or provided 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) that is purchased by the City at fair market value and provided to any Council member, officer, employee or consultant of the City ("Official"), or to another individual or organization at the behest of the Official. This policy is established pursuant to Section 18944.1 of the Fair Political Practices Commission ("FPPC") regulations and is subject to all applicable FPPC regulations and the Political Reform Act, as now exist or may hereafter be added or amended. Section 18944.1 provides that such tickets or passes are not gifts to public officials (which must be disclosed on the Official's Statement of Economic Interest/Form 700), if the City distributes them in accordance with a duly adopted written policy pursuant to Section 18944.1, subdivision (b )(2). The provisions of subdivision (b) of Section 18944.1 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. Subdivision (e) of Section 18944.1 recognizes the discretion ofthe City Council to determine whether the distribution of a ticket or pass serves a public purpose of the City, provided the determination is consistent with state law. EXCLUSION FOR PERFORMANCE OF CEREMONIAL ROLE OR FUNCTION A ticket or pass provided by a source other than the City directly to an official or provided to the City to distribute to a specific official for an event at which the Official performs a ceremonial role or function on behalf of the City is not a gift to the Official. These tickets are exempt from any disclosure or reporting requirements. PUBLIC PURPOSES The distribution of tickets or passes by the City pursuant to this policy, to or at the request of an Official, shall accomplish a public purpose. Such public purposes include, but not be limited to: a. 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. b. Supporting and/or showing appreciation for programs and services rendered by non-profit organizations benefitting Redding residents. c. Encouraging or rewarding significant academic, athletic or public service achievements by Redding students, residents or businesses. . CITY OF REDDING, CALIFORN COUNCIL POLICY SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE Distribution of Tickets and Passes 2010 - 22 220 02-16-10 20f2 d. Promotion of City controlled events, activities or programs. e. Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs. f. Marketing promotions highlighting the achievements oflocal residents and businesses. g. Promotion and marketing of private facilities available for City resident use. h. Promotion of City growth and development, including economic development and job creation opportunities. i. Promotion of City events, facilities or landmarks. j. Promotion of open and accessible government by appearances or participation of Officials at business and community events. PROHIBITION ON TRANSFER A ticket or pass distributed to an Official pursuant to this policy may not be transferred by the Official to any person, except to members of their immediate family solely for their personal use. Government Code Section 82029 defines immediate family to mean spouse and dependent children. The Official or any member of the Official's immediate family may, however, return any ticket or pass unused to the City for redistribution pursuant to this policy. WEBSITE POSTING This policy shall be posted on the City of Redding's website. The distribution of tickets or passes pursuant to this policy shall also be posted by the City Clerk on the City of Redding's website in a prominent fashion within thirty (30) days after the distribution of the ticket or pass by using a FPPC Form 802 (sample attached). The form shall be posted for twelve (12) months and may be removed at the City's discretion any time thereafter. DISTRIBUTION OF TICKETS The City Manager or his or her designee shall distribute any complimentary tickets or passes pursuant to this policy. COMPLIMENTARY TICKETS AND PASSES With respect to a complimentary ticket or pass from an outside source provided to an Official by the City, the ticket or pass may not be earmarked by the original source for use by the Official who uses the ticket or pass. Tickets Provided by Agency Report 1. Agency Name . A Public Document. TICKETS PROVIDED BY AGENCY REPORT Date Stamp California 802 Form Division, Department, or Region (if applicable) For Official Use Only Street Address Area CodelPhone Number E-mail o Amendment (Must explain in Part 5.) Agency Contact (name and lille) Date of Original Filing: (month, day. year) 2. Event For Which Tickets Were Distributed Date(s) of Event: ----1----1_ Description of Event: ----1----1_ Face Value of Ticket: $ Agency Event DYes o No (Identify source of tickets below.) Name of Outside Source of Ticket(s) Provided to Agency: Number of Tickets Received: Ticket(s) Provided to Agency: 0 Gratuitously o Pursuant to Contract 3. Agency Official(s) Receiving Ticket(s) (use a continuation sheet for additional names) Name of Official Number State Whether the Distribution is Income to the Official or (Last, First) of Tickets 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 I 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 (month, day. year) Comment: (Use this space or an attachment for any additional infonnation including amendment explanation.) FPPC Form 802 (Feb/09) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) . . Tickets Provided by. Agency Report . California 802 Form 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. Part 1. 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. Part 5. 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 Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)