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Home My WebLink AboutCC Policy No. 117 - Distr. & Reporting of Tickets and Passes - Behest Amended October 17, 2023CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: April 19, 2011 POLICY # 117 TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official. Background The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the residents and interests groups within the City. Purpose The purpose of this Policy is to ensure that tickets and passes provided to and distributed by the City to, or at the behest of, a City official are in furtherance of a governmental and/or public purpose as required under Section 18944.1 of Title 2, Division 6 of the California Code of Regulations. This policy is subject to all applicable California Fair Political Practices Commission (FPPC) regulations, as well as the Political Reform Act. Nothing in this Policy is intended to alter, amend, or otherwise affect the obligations of City officials under the Political Reform Act and its implementing regulations or the City of National City's Conflict of Interest Code. Organizations Affected The City of National City and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SA). All references within this Policy to "City" shall also apply to the SA. Also affected are any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. 1.0 References a. Title 2, Division 6 of the California Code of Regulations, Sections 181000, et seq. b. California Political Reform Act (Government Code Sections 81000, et seq.) and implementing regulations. (Title 2, Division 6 of the California Code of Regulations). c. National City Conflict of Interest Code. (Biennial Updates in even years) d. Government Code Section 82048 e. California Code of Regulations Sections 18944.1 and 18701. 2.0 Policy 2.1 This Policy applies to tickets and passes that provide admission to a facility, CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: April 19, 2011 POLICY # 117 TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official. event, show, or performance for an entertainment, amusement, recreational, or similar purpose, and are: a. gratuitously provided to the City by an outside source; or b. acquired by the City by purchase; or c. acquired by the City pursuant to the terms of a contract for use of public property; or acquired by City because the City controls the event. 2.2 This Policy shall only apply to the City's distribution of tickets/passes to, or at the behest of, a City official. 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. This includes food, beverages or gifts provided to a City official at an event that is not included in the fair market value of the ticket. 3.0 Definitions Unless otherwise expressly provided herein, words and terms used in the Policy shall have the same meaning as in the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended from time to time) and the related FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18100 et seq., as amended from time to time). 3.1 "City" or "City of National City" means and includes the City of National City, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SA) and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. 3.2 "City official" means every member, officer, employee, or consultant of the City of National City, as defined in Government Code 82048 and FPPC Regulation 18701, who must file a Statement of Economic Interests. 3.3 "FPPC" means the California Fair Political Practices Commission. 3.4 "Immediate Family" means an individual's spouse and dependent children. 3.5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: April 19, 2011 POLICY # 117 TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official. 3.6 "Ticket" means any ticket or pass that grants admission privileges to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose. 4.0 General Provisions 4.1 No Right to Tickets: The distribution of Tickets pursuant to this Policy 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. 4.2 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 the City official's immediate family solely for their personal use. 4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this Policy shall sell, receive reimbursement for, or receive any other consideration in exchange for the Ticket. 4.4 Implementation of Policy: The City Manager shall have the sole discretion and authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as deemed appropriate, provided such action conforms with this Policy. 4.5 Designation of Agency Head: The City Manager shall be the "Agency Head" for purposes of implementing the provisions of this Policy. The City Manager shall promptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be responsible for posting disclosure form(s) provided by the FPPC on the City's website in compliance with FPPC regulations and Section 6.2 of this Policy. 4.6 No Earmarking of Tickets: No Ticket gratuitously provided to the City by an outside source shall be earmarked by the original source for distribution to a particular City official. 4.7 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy. 5.0 Distribution of Tickets 5.1 The distribution of the Ticket(s) to, or at the behest of, a City official accomplishes CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: April 19, 2011 POLICY # 117 TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official. a governmental and/or public purpose including, but not limited to, any of the following: a. The performance of a ceremonial role or function by a City official on behalf of the City at an event. b. The official duties of the City official require his or her attendance at the event. c. Promotion of intergovernmental relations and/or cooperation 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. d. Promotion of City resources and/or facilities available to National City residents. e. Promotion of City initiated, sponsored or supported community programs or events. f. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting National City residents. g. Promotion of business activity, development, and/or redevelopment within the City. h. Promotion of City tourism. i. Increasing public awareness of the various recreational, cultural, and educational venues and facilities available to the public within the City. J. Attracting and/or rewarding volunteer public service. k. Encouraging or rewarding significant academic, athletic, or public service achievements by National City students, residents or businesses. l. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: April 19, 2011 POLICY # 117 TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official. n. Promoting enhanced City employee performance or morale. o. Recognizing contributions made to the City by City officials who are leaving the City's service. 5.2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the ticket to that official shall be disclosed in accordance with Section 6.2 of this Policy. 6.0 Disclosure Requirements 6.1 This policy shall be permanently posted on the City's website in a prominent fashion. 6.2 Tickets distributed pursuant to this Policy shall be disclosed on a form provided by the FPPC (Form 802), and posted on the City's website in a prominent fashion within thirty (30) days from the date Tickets are received by, or distributed at the behest of, a City official. Form 802 shall remain on the City's website for a minimum of two (2) years from the date of posting. The original Form 802 shall be retained in the Office of the City Clerk for a four (4) year period. The disclosure from shall include the following information: a. The name of the recipient, except that if the recipient is an organization other than the City, 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) furthered by the Ticket distribution or, alternatively, that the City official is treating the Ticket CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: April 19, 2011 POLICY # 117 TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official. as income. h. Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 6.2 7.0 Exceptions 7.1 A Ticket to a non-profit fundraising dinner is generally treated as a gift to the individual under FPPC Regulation 18946.4. This Policy would not apply because the Ticket is not for admission to an event or facility "for an entertainment, amusement, recreational or similar purpose." The Ticket is reportable on the official's Statement of Economic Interests. 7.2 Where admission to a luncheon, dinner, or reception is not provided by a Ticket, but by invitation, this Policy does not apply. The value of the admission is reportable on the official's Statement of Economic Interests, unless the admission is provided by the City to the official who is attending the event as part of his/her official duties, in which case the admission is not reportable by the individual, but by the City under FPPC Regulation 18944.2 Related Policy References See Section 1.0 above Prior Policy Amendments April 19, 2011 (Resolution No. 2011-90) - Establishing Policy June 11, 2103 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147) October 17, 2023 (Resolution No. 2023-149)