HomeMy WebLinkAboutCity Council Item No. 11CITY OF i��
LADE LSINORE
-� DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JUNE 9, 2009
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REGARDING THE RECEIPT AND
DISTRIBUTION POLICY OF TICKETS AND /OR PASSES IN THE
FURTHERANCE OF THE CITY'S REASONABLY DEFINED PUBLIC
PURPOSES
Background
The Fair Political Practices Commission ( "FPPC ") recently adopted new rules relating to
the distribution of tickets and passes that allow admission to facilities, events, shows or
performances. Traditionally, tickets and passes received by the City (either as
donations or pursuant to contract) for local events are not considered gifts to the
individual City official or employee for conflict of interest or reporting purposes.
The new regulations define more specifically the circumstances under which the
distribution of tickets and passes deemed "gifts" to the City must be disclosed by the
City and when the receipt of such tickets does not trigger disclosure requirements for
purposes of the public official's individual Statement of Economic Interests (Form 700).
Discussion
In accordance with Section 18944.1, tickets and /or passes are not reportable as gifts to
the individual public official under Form 700 if any of the following circumstances apply:
1) the use of a ticket to an event at which the official performs a ceremonial
role on behalf of the City;
2) the use of the ticket by the official furthers a "specific governmental or
public purpose in addition to any private benefit the official may receive ";
or
3) the public official pays the face value of the ticket from his or her personal
funds.
CC June 9, 2009 Item No. 11
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Resolution Adopting Ticket Policy
June 9, 2009
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In order for the exceptions described above to apply, two important reporting actions
must be taken by the City. First, the City must have a written policy which states the
specific governmental or public purpose accomplished by the distribution of the tickets.
Second, the use of a ticket by an official must be posted on the City's website within 30
days of the distribution of the ticket. This report must include the name of the person
receiving the ticket, a description of the event, the date of the event, the cost of
admission and a description of the governmental or public purpose served by the use of
the ticket. The FPPC has provided a sample form for such reports.
The FPPC Regulations require that the City's policy regarding such tickets and passes
be adopted by resolution. The policy must be maintained on the City's website at all
times and incorporate the elements required by FPPC regulation 18944.1(c) including
provisions that: (1) establish the public purpose furthered by the use of the tickets or
passes; (2) require that the use of the tickets accomplish such a public purpose; and (3)
prohibit transfer of such tickets or passes by the public official receiving them to any one
other their immediate family. If the Council adopts the proposed Resolution and the
foregoing policies are followed, the City officials or employees using tickets or passes
donated to the City need not report the tickets or passes on their Form 700.
Recommendation
1. Adopt Resolution No. 2009 -_, Resolution of the City Council of the City of Lake
Elsinore, California, Regarding the Receipt and Distribution Policy of Tickets
and /or Passes in the Furtherance of the City's Reasonably Defined Public
Purposes
2. Direct the City Clerk with the assistance of the City Attorney and City Manager to
format the policy provisions contained in the Resolution into a City Council Policy
consistent with those set forth in the City Council Policy Manual and to post the
Policy on the City's website and to take such other actions as are required to
comply with applicable FPPC Regulations.
Prepared By:
Approved By:
Attachments:
Barbara Leibold,
City Attorney
Robert A. Brady,liV1 \A`�
City Manager I
1. City Council Resolution No. 2009 -_
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RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REGARDING THE RECEIPT AND
DISTRIBUTION POLICY OF TICKETS AND /OR PASSES IN THE
FURTHERANCE OF THE CITY'S REASONABLY DEFINED PUBLIC
PURPOSES
WHEREAS, every California city by and through its governing body and other
public officials, is empowered to exercise all powers necessary or appropriate to a
municipal corporation for the general welfare of its inhabitants which are not prohibited
by the California Constitution; and
WHEREAS, the City of Lake Elsinore operates in a highly- competitive
environment to grow and maintain its reputation as a vibrant place to live, work and do
business and as a desirable visitor destination center and therefore, the City must take
proactive steps to attract private and public investment in a matter that best maximizes
the City's investment of public resources; and
WHEREAS, as part of the City's development and marketing strategies, the City
Council cultivates opportunities to showcase the City's unique attributes including, but
not limited to the City's business development climate, local tourism base, its highly
trained workforce, open government and its diverse array of local attractions, cultural
and civic events; and
WHEREAS, from time to time, the City and Redevelopment Agency receives
"tickets or passes" from third party sources, both public and private; and
WHEREAS, under Title 2 of the California Code of Regulations, Section 18944.1
( "Section 18944.1 ") these tickets and /or passes are defined as an admission to a
facility, event, show or performance for an entertainment, amusement, recreational, or
similar purpose; and
WHEREAS, the FPPC adopted new regulations that set up the circumstances
under which the receipt of tickets and passes by a public official would need to be
disclosed by the City and the circumstances they would be distributed to public officials
and not trigger disclosure requirements for the purposes of the public official's
Statement of Economic Interests ( "Form 700 "); and
WHEREAS, the City finds that the receipt of all such tickets and /or passes are
public resources; and
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CITY COUNCIL RESOLUTION NO. 2009-
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WHEREAS, the City desires to distribute these public resources in a manner that
furthers the City's governmental and public purposes as reasonably described herein,
such as the promotion of local businesses, community resources, programs and
facilities; and
WHEREAS, according to Section 18944.1 these tickets and /or passes are not
gifts to public officials if the City distributes these tickets and /or passes in accordance
with a duly adopted written policy,,when distributed under Section 18944.1, subdivision
(b)(2); and
WHEREAS, the Fair Political Practices Commission ( "FPPC ") has clearly stated
that it recognizes the discretion of the legislative or governing body of an agency to
determine whether the distribution of tickets and /or passes serves a legitimate public
purpose of the City, provided that the determination is consistent with state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Purpose of Policy. The purpose of this policy is to ensure that all
tickets and /or passes provided to the City and all agencies within the City for which the
members of the City Council are the legislative body, including the Redevelopment
Agency of the City of Lake Elsinore ( "Agency "), shall be distributed in furtherance of
governmental and /or public purposes as required under Section 18944.1. The term
"City" as used herein shall include all agencies within the City for which the members of
the City Council are the legislative body, including the Agency.
SECTION 2. Limitation. This Policy shall only apply to the City's distribution of
tickets and /or passes to, a public official or at the request of a public official, for which
no consideration of equal or greater value is provided by the public official.
Consideration of equal or greater value shall be presumed if the tickets and /or passes
are distributed pursuant to this policy.
SECTION 3. Official Duties; Ceremonial Roles. Tickets provided to public officials
as part of their official duties, or tickets provided so that the public official may perform a
ceremonial role or function on behalf of the City shall not be subject to this Tickets
and /or Passes Distribution Policy. These tickets are exempt from any disclosure or
reporting requirements.
SECTION 4. Public Purpose. The City shall only provide a ticket and /or pass to
or at the request of a public official, under any of the following City public and
governmental purposes:
a. Promotion of local and regional businesses, economic development and
tourism activities within the City, including conventions and conferences.
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CITY COUNCIL RESOLUTION NO. 2009 -
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b. Promotion of City - controlled or sponsored events, activities, or programs.
c. Promotion of community programs and resources available to City residents,
including nonprofit organizations and youth programs.
d. Marketing promotions highlighting the achievements of local residents and
businesses.
e. Promotion and marketing of private facilities available for City resident use,
including charitable and nonprofit facilities.
f. Promotion of public facilities available for City resident use.
g. Promotion of City growth and development, including economic development
and job creation opportunities.
h. Promotion of City landmarks and /or community events.
i. Promotion of special events in accordance with any City contract.
j. Exchange programs with foreign officials and dignitaries.
k. Promotion of City recognition, visibility, and /or profile on a local, state, national
or worldwide scale.
I. Promotion of open government by public official appearances, participation
and /or availability at business or community events.
m. Sponsorship agreements involving private events where the City specifically
seeks to enhance the City's reputation both locally and regionally by serving as
hosts providing the necessary opportunities to meet and greet visitors,
dignitaries, and residents.
n. All written contracts where the City as a form of consideration has required
that a certain number of tickets, suites, parking or similar passes be made
available for City use.
o. Employment retention programs.
p. Special outreach programs for veterans, teachers, emergency services,
medical personnel and other civil service occupations.
q. Spouses of or immediate dependants of public officials in order to accompany
him or her to any of the items listed above.
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CITY COUNCIL RESOLUTION NO. 2009 -
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r. Any purpose similar to above included in any City contract.
SECTION 5. Return of Tickets and /or Passes. Any public official or any member
of the public official's immediate family may return any ticket and /or pass unused to the
City for redistribution pursuant to this policy. Government Code section 82029 has
defined immediate family to mean spouse and dependent children. Under no
circumstances may either the public official or a member of his or her immediate family
sell or further transfer any ticket and /or pass provided under this policy.
SECTION 6. Human Resources Administrator. The City delegates the authority
to distribute any tickets and /or passes in accordance with this policy to the Human
Resources Administrator or his or her designee.
SECTION 7. Transfer Prohibition. The transfer by any public official of any tickets
and /or passes distributed pursuant to this policy to any other person, except to
members of the public official's immediate family for their personal use, is prohibited.
SECTION 8. Website Posting. This policy shall be posted on the City's website in
a prominent fashion.
SECTION 9. Website Disclosure. The distribution of a tickets or passes pursuant
to this policy shall be posted on the City website in a prominent fashion within 30 days
after the ticket distribution and shall include all the information as required under
Section 18944.1. Any such posting shall use FPPC Form 802 or such alternative form
as may be approved or amended from time to time. These forms shall be posted on the
City's website for 12 months and may be removed at the City's discretion anytime
thereafter.
SECTION 10. The foregoing policies shall apply to all agencies within the City for
which the members of the City Council are the legislative body, including the
Redevelopment Agency of the City of Lake Elsinore.
SECTION 11. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED this 9th day of June, 2009.
Robert E. Magee, Mayor
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CITY COUNCIL RESOLUTION NO. 2009-
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ATTEST:
Debora Thomsen, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
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CITY COUNCIL RESOLUTION NO. 2009- _
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2009 -_ was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the gth day of June 2009, and that the
same was adopted by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
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