RPVCCA_CC_SR_2012_04_03_F_Complimentary_Ticket_Policy_To_City_Officials_By_CityCITY OF
AGENDA REPORT
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CAROL W.LYNCH,CITY ATTORNEY
APRIL 3,2012
COMPLIMENTARY TICKET POLICY FOR TICKETS TO
EVENTS GIVEN TO CITY OFFICIALS BY THE CITY
RECOMMENDATION
It is recommended that the City Council adopt Resolution No.2012-_,A Resolution of
the City Council of the City of Rancho Palos Verdes,Adopting a Complimentary Ticket
Policy Pursuant to the Requirements of the Fair Political Practices Commission
Regulation Section 18944.1
BACKGROUND
The City Council is required by FPPC Regulation 18944.1 to adopt a policy governing
distribution and reporting of tickets to events that are distributed by the City.The FPPC
Regulation was primarily prompted by cities with city-owned sports facilities that have
been distributing substantial numbers of tickets to City officials,such as the City of
Anaheim,for example.Even though Rancho Palos Verdes does not own such a
facility,the City Council still is required to adopt such a policy.
DISCUSSION
The Fair Political Practices Commission (FPPC)requires the City Council to adopt a
written policy governing the distribution of "complimentary tickets or passes,"defined as
admission to a facility,event,show or performance for entertainment,amusement,
recreational or similar purposes,when those tickets are given by the City to a City
official.This agenda item explains this requirement and presents a proposed policy for
City Council consideration.The policy does not apply to tickets provided to public
officials directly by third parties and applies only to public officials required to file an
Annual Statement of Economic Interests (FPPC Form 700)under state law or the City's
conflict of interest code.
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Complimentary Ticket Policy for Tickets to Events Given to City Officials by the City
April 3,2012
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FPPC Regulation 18944.1 ("Regulation 18944.1")provides that when a state or local
agency,including the City,distributes a ticket or pass to an official of that agency and
the official uses the ticket or pass,the ticket or pass does not have to be reported as a
gift and is not subject to the annual gift limit (currently $420 a year)if one or more of the
following exemptions apply:
1.The ticket or pass is provided to the official for an event at which the official
performs a ceremonial role or function.
2.The ticket or pass is given gratuitously to an agency and is then distributed to an
official or employee for his or her use,if all of the following apply:
a)THe original source of the ticket or pass has not earmarked it for use by
particular agency officials;
b)The agency determines in its sole discretion who may use the ticket or pass;and
c)The distribution of the ticket or pass by the agency furthers a specific
governmental or public purpose in addition to any private benefit the official or
employee may receive.
3.The agency obtains the ticket or pass:(i)pursuant to the terms of a contract for
use of public property;(ii)because the agency controls the event or venue;or (iii)
through purchase at fair market value and then distributes to an official for his or her
use to accomplish a specific governmental or public purpose in addition to any private
benefit the official may receive.
While the distribution of a complimentary ticket or pass to an official is not a gift to the
official,other benefits,such as food or beverage or gifts received by the official "that are
not included with the admission,"may be subject to the annual gift limit and reporting
requirements.
The regulation requires that any distribution of complimentary tickets or passes be
made pursuant to a written policy approved by the governing body of the agency and
prominently posted on the agency's website.
The City Council is also required to designate in the policy the person who will have
authority to distribute complimentary tickets.The proposed policy,like those in most
cities,delegates this authority to the City Manager.
The Regulation further requires that the agency document the distribution and use of
complimentary tickets on FPPC Form 802 (Tickets Provided by Agency Report).
Among other things,Form 802 requires identifying information regarding the agency,
the organization distributing the tickets or passes,a description of the event,the
officials and/or organizations or individuals receiving the complimentary tickets or
passes,the number of tickets received,the face value of each ticket or pass,and the
specific governmental or public purpose for which the distribution was made.The
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Complimentary Ticket Policy for Tickets to Events Given to City Officials by the City
April 3,2012
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agency must complete and post Form 802 on its website within thirty (30)days of
distributing the ticket or pass.
CONCLUSION
Because this is a requirement with which the City must comply,Staff recommends
approval of the proposed policy by the adoption of the attached Resolution,even
though it is unlikely that the City will ever be in the position of distributing event tickets
to City officials.
Attachments:
Resolution No.2012-_,Adopting a Complimentary Ticket Policy
Exhibit A -Complimentary Ticket Policy
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RESOLUTION NO.2012-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING A COMPLIMENTARY TICKET POLICY
PURSUANT TO THE REQUIREMENTS OF FAIR POLITICAL
PRACTICES COMMISSION REGULATION 18944.1
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1.The City Council of the City of Rancho Palos Verdes does
hereby find,determine and declare that:
(a)The California Fair Political Practices Commission pursuant to
Regulation 18944.1 regulates complimentary tickets and passes distributed to
government officials by their agency.The regulation requires the City Council to adopt
a written policy governing the distribution of complimentary tickets and passes to a City
official for a facility,event,show or performance when those tickets are given by the
City to public officials of the City.
(b)The purpose of the Complimentary Ticket Policy is to establish a
fair and equitable process for the distribution to City Council members and employees
of complimentary tickets and passes received by the City to a facility,event,show or
performance for entertainment,amusement,recreational or similar purposes and the
reporting of the distribution of complimentary tickets in compliance with the
requirements of Fair Political Practices Commission Regulation 18944.1.
Section 2.The City Council hereby approves and adopts the
"Complimentary Ticket Policy"attached hereto as Exhibit "A."
Section 3.The City Clerk shall certify to the adoption of this Resolution.
PASSED,APPROVED AND ADOPTED this 3rd day of April,2012.
MAYOR
ATTEST:
CITY CLERK
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EXHIBIT A
CITY OF RANCHO PALOS VERDES POLICY REGARDING THE DISTRIBUTION OF
COMPLIMENTARY TICKETS PURSUANT TO FPPC REGULATION 18944.1
Section 1.Purpose of Policy.
The purpose of this policy is to establish a fair and equitable process for the distribution of
complimentary tickets or passes by the City in compliance with the requirements of Section
18944.1 of the Fair Political Practices Commission 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,including,without limitation,definitions.(These regulations can be found at
Title 2 of the California Code of Regulations and will be referred to as "FPPC Regulations").
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 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).
A."City"or "City of Rancho Palos Verdes"shall mean and include the City of Rancho Palos
Verdes,and any other affiliated agency created or activated by the Rancho Palos Verdes City
Council,and any departments,boards and commissions thereof.
B."City Official"shall mean every officer,agent and employee of the City who is obligated
to file an Annual Statement of Economic Interests (FPPC Form 700)under state law or the
City's current conflict of interest code.
C."City Venue"shall mean and refer to any facility owned,controlled or operated by the
City.
D."FPPC"shall mean and refer to the California Fair Political Practices Commission.
E."Immediate family"shall mean and refer to the spouse and dependent children of the
City Official.The term spouse includes registered domestic partners recognized by state law,
and dependant children shall mean a child,including an adoptive child or stepchild,of a City
Official who is under 18 years old and who the City Official is entitled to claim as a dependent
on his or her federal tax return.
F."Policy"shall mean and refer to this Policy Regarding the Distribution of Complimentary
Tickets Pursuant to FPPC RegUlation 18944.1.
G."Ticket"shall mean and refer to a "ticket or pass"as that term is defined in FPPC
Regulation 18944.1,as amended from time to time,but which currently defines a "ticket or pass"
as admission privilege to a facility,event,show or performance for an entertainment,
amusement,recreational,or similar purpose.
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Section 3.Application of Policy
A.This policy shall be applicable to every officer,agent and employee of the City who is
obligated to file an Annual Statement of Economic Interests (Form 700)under state law or the
City's current Conflict of Interest Code.
B.This Policy governs the distribution of complimentary Tickets received by the City that
are either:
1.Gratuitously provided to the City by an outside source;
2.Acquired by the City by purchase;
3.Acquired by the City as consideration pursuant to the terms of a contract
for the use of a city venue;or
4.Acquired and distributed by the City in any other manner.
C.This Policy does not apply to:
1.Any other item of value provided to the City or any City Official,regardless of
whether received gratuitously or for which consideration is provided.
2.Tickets provided by sources other than the City.
3.A Ticket received by a City Official from the City where both the City Official and
the City treat and report the value of the Ticket as income consistent with applicable state and
federal income tax laws and the Ticket is reported as income pursuant to the provisions of this
Policy.
Section 4.Official Duties;Ceremonial Roles.A Ticket provided to a City Official as part
of his or her official duties,or a Ticket provided so that the City Official may perform a
ceremonial role or function on behalf of the City is not a gift and is exempt from any disclosure
or reporting requirements to the extent provided by Section 18944.1.This Policy shall not apply
to such Tickets.
Section 5.General Provisions.
A.No Right to Tickets:The use of complimentary Tickets is a privilege extended by the City
and not the right of any person to which the privilege may from time to time be extended.
B.Limitation on Transfer of Tickets:Tickets distributed to a City Official 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.If a City Official transfers a Ticket he or she has
received from the City to another person,as opposed to returning the Ticket to the City for
redistribution,then the value of the Ticket or Tickets he or she transfers shall constitute a gift to
him or her and shall be reportable as provided by the regulations of the FPPC.
C.Prohibition Against Sale of or Receiving Reimbursement for Tickets:No person who
receives a Ticket pursuant to this policy shall sell or receive reimbursement for the value of such
Ticket.
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Section 6.Ticket Administrator
A.The City Council delegates the authority to the City Manager or his/her designee to be
the Ticket Administrator for purposes of implementing the provisions of this Policy.
B.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.Such authority
includes the power to distribute such a Ticket to the City Manager provided that doing so is
otherwise consistent with this Policy.All requests for Tickets 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 face value of Tickets distributed by the City
for purposes of Sections 7.A.and 7.B 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.
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."
Section 7.Conditions Under Which Tickets May be Distributed
Subject to the provisions of this Policy,the Ticket Administrator may distribute complimentary
Tickets to City Officials under anyone of the following conditions:
A.The City Official reimburses the City for the face value of the Ticket(s).
B.The City Official treats the Ticket(s)as income consistent with applicable federal and
state income tax laws and the Ticket(s)are reported as income pursuant to the provisions of this
Policy.
C.The distribution of the Ticket(s)to,or at the behest of,the City Official accomplishes or
furthers one or more of the following governmental and/or public purposes:
1.Facilitating the performance of a ceremonial role or function by a City Official on
behalf of the City at an event,for which the City Official may receive enough Tickets for the City
Official and each member of his or her Immediate Family.
2.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,for which the City Official may receive
enough Tickets for each member of the City 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 the City.
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5.
residents.
Promotion of City resources and/or facilities available to Rancho Palos Verdes
Promotion of City-run,sponsored or supported community events,activities or6.
programs.
7.To monitor and evaluate the value of City-run,sponsored or supported
community events,activities or programs to the City including but not limited to evaluation of the
venue,quality of performances and compliance with City policies,agreements and other
requirements.
8.Promotion and evaluation of events,activities or programs at City venues,
including but not limited to evaluation of the venue,quality of performances and compliance with
City policies,agreements and other requirements.
9..Promoting,supporting and/or showing appreciation for programs or services
rendered by charitable and non-profit organizations benefiting Rancho Palos Verdes residents.
10.Promotion of City tourism on a local,state,national or worldwide scale.
11.Business retention or attraction on a local,state,national or worldwide scale.
12.Promotion of City recognition,visibility,and/or profile on a local,state,national or
worldwide scale.
13.Encouraging Rancho Palos Verdes resident and business support for and
attendance at local events.
14.Encouraging participants in City sponsored programs to attend local events.
15.Attracting or rewarding volunteer public service.
16.Encouraging or rewarding significant academic,athletic,or public service
achievements by Rancho Palos Verdes students,residents or businesses.
17.Attracting and retaining highly qualified employees in the City service.
18.Recognizing or rewarding meritorious service by a City employee.
19.Promoting enhanced City employee performance or morale.
20.As an incident to the above public purposes,allowing for the Immediate Family of
the City Official to accompany the City Official to events to accomplish any of the purposes
listed in this Resolution.
Section 8.Tickets Distributed at the Behest of a City Official.
A.Only the following City Officials shall have authority to behest Tickets:City Council
Members and the City Manager.
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B.Tickets shall be distributed at the behest of a City Official only for one or more public
purposes set forth in Section 7.C.above.
C.If Tickets are distributed at the behest of a City Official,such City Official shall not use
one of the Tickets so distributed to attend the event.
Section 9.Other Benefits
A.The distribution of Tickets pursuant to this Policy shall not constitute a "gift"to the City
Official receiving the Ticket;however,other benefits,such as food or beverage or other gifts
provided to the City Official that are not part of the admission provided by the complimentary
Ticket,will need to be accounted for as gifts.
B.If the City receives complimentary Tickets that are earmarked for particular City Officials,
then the Tickets are considered gifts to that particular City Official.If these Tickets are not
returned unused to the provider within thirty (30)days of receipt,then the City Official must
comply with the applicable FPPC gift limit regulations and reporting regUlations.
Section 10.Posting and Disclosure Requirements
A.This Policy and Form 802 reports required by Section 18944.1 of the FPPC Regulations
shall be posted on the City's website as required by that Section.
B.The distribution of Tickets pursuant to this Policy shall be documented by the
preparation and certification of Fair Political Practices Commission Form 802.Within thirty (30)
calendar days of the distribution of a Ticket,the Ticket Administrator shall prepare and certify a
Form 802 and shall post it on the City's Website.
C.Tickets distributed by the City for which the City receives reimbursement from the City
Official shall not be subject to the disclosure provisions set forth herein.
Policy adopted by the City Council by Resolution No.on '2012.
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