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HomeMy WebLinkAboutStaff ReportMayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Nalividad Mona Rios Rosalie Zarate TO: FROM: SUBJECT: 4 CALIFORNIA •-•:1- ATIONAL CITY LSUU��- INCORPOR v 1 Office of the City Attorney Mayor and City Council George H. Eiser, III, Legal Counsel Approval of Policy 117 of the City Council Policy Manual Pertaining to the Distribution and Reporting of Tickets and Passes by the City to, or at the behest of, City Officials City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, 111 Senior Assistant City Attorney Jodi L. Doucette DATE: April 5, 2011 The Fair Political Practices Committee ("FPPC") has adopted numerous regulations pertaining to the receipt, distribution, and reporting of gifts. Section 18944.1 of its regulations applies specifically to the distribution of tickets and passes to public officials by a public agency, whether the ticket or pass is from a source outside the agency, such as tickets from a sports franchise to a sporting event, or from the agency itself, such as when an event takes place on public agency property. Section 18944.1 provides that the legislative body of a public agency may adopt a policy that states the public purpose to be accomplished by the distribution by the agency of tickets or passes to, or at the behest of, agency officials. When such a policy has been adopted by an agency, then the receipt or tickets or passes by officials of that agency that are distributed by the agency need not be reported on the individual's Statement of Economic Interests (Form 700), but instead are reported on a form (Form 802) provided by the FPPC, and posted prominently on the agency's website. Approval of the resolution proposed with this agenda item would add Policy 117 to the City Council Policy Manual to implement the provisions of Section 18944.1 of the FPPC regulations. The Policy would provide that the distribution by the City of tickets or passes to, or at the behest of, City officials accomplishes one or more of the following public purposes: 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. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 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. 1. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. 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. The policy would apply to all "public officials" as defined in Section 82048 of the FPPC regulations, including every member, officer, employee, or consultant of the City. It is recommended that the proposed resolution be adopted. GHE/goo AKA- GEORGE H. EISER, III Legal Counsel 2 - Adoption of City Council Policy No. 117 CITY COUNCIL POLICY TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED: April 19, 2011 AMENDED OR REVISED: Page 1 of 7 1.0 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. 2.0 ORGANIZATIONS AFFECTED The City of National City and the Community Development Commission of the City of National City (CDC). All references within this Policy to "City" shall also apply to the CDC. 3.0 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. d. Government Code Section 82048 e, California Code of Regulations Sections 18944.1 and 18701. TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED; April 19, 2011 AMENDED OR REVISED: Page 2 of 7 4.0 POLICY 4.1 This Policy applies to tickets and passes that provide admission to a facility, 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. 4,2 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. 5.0 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). 5.1 "City" or "City of National City' means and includes the City of National City, the Community Development Commission of the City of National City, and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED: April 19, 2011 AMENDED OR REVISED: Page 3 of 7 5.2 "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. 5.3 "FPPC" means the California Fair Political Practices Commission. 5.4 "Immediate Family" means an individual's spouse and dependent children. 5.5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City. 5.6 "Ticket" means any ticket or pass that grants admission privileges to a facility, event, show, or performance for an entertainment, amusement, recreations, or similar purpose. 6.0 GENERAL PROVISIONS 6.1 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. 6.2 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. 6.3 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. TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED: April 19, 2011 AMENDED OR REVISED: Page 4 of 7 6.4 implementation of Policy: The City Manager in his/her sole discretion shall have the authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as he/she deems appropriate, provided such action conforms with this Policy. 6.5 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 8.2 of this Policy. 6.6 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. 6.7 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy. 7.0 DISTRIBUTION OF TICKETS 7.1 The distribution of the Tickets) to, or at the behest of, a City official accomplishes 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, TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED: April 19, 2011 AMENDED OR REVISED: Page 5 of 7 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. I. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED: April 19, 2011 AMENDED OR REVISED: Page 6of7 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. 7.2 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 8.2 of this Policy. 8.0 DISCLOSURE REQUIREMENTS 8.1 This policy shall be permanently posted on the City's website in a prominent fashion. 8.2 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 ticket 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; TITLE: DISTRIBUTION AND REPORTING OF TICKETS AND POLICY PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS NUMBER: 117 ADOPTED: April 19, 2011 AMENDED OR REVISED: Page 7 of 7 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 as income. 8.3 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 8.2