HomeMy WebLinkAboutCC Reso 2016-15 RESOLUTION NO. ,2,fl 1 -15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY, CALIFORNIA, ADOPTING A
POLICY FOR THE DISTRIBUTION OF TICKETS AND
PASSES UNDER SECTION 18944.1 OF TITLE 2 OF THE
CALIFORNIA CODE OF REGULATIONS
WHEREAS, the Political Reform Act (Government Code §§ 81000 et seq.) and
the Fair Political Practices Commission ("FPPC") Regulations (2 Cal. Code Regs. §§
18110 et seq.) provide limitations for certain gifts received by public officials and require
public officials to disclose the receipt of certain gifts, including tickets and passes; and
WHEREAS, FPPC Regulation 18944.1 sets forth circumstances under which the
City's distribution of tickets and passes to City officials for a public purpose may be
disclosed by the City and not trigger gift limitations or disclosure requirements for the
official on the official's Statement of Economic Interest Form 700; and
WHEREAS, tickets and passes that fall under the provisions of Regulation
18944.1 are defined as an admission to a facility, event, show, or performance for an
entertainment, amusement, recreational, or similar purpose; and
WHEREAS, the FPPC recognizes the discretion of the City Council to determine
whether the City's distribution of tickets or passes to City officials serves a legitimate
public purpose of the City, provided the determination is consistent with state law; and
WHEREAS, from time to time the City may receive complimentary or discounted
tickets or passes from outside sources or receive tickets or passes pursuant to the
City's co-sponsorship of an event, or may purchase tickets or passes for both public and
private events for distribution to City officials; and
WHEREAS, the distribution to and use of these tickets and passes by City
officials frequently serve legitimate governmental and/or public purposes; and
WHEREAS, the City Council desires to adopt a policy regarding the distribution
of tickets and passes in conformance with Regulation 18944.1.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Cathedral
City Ticket Distribution Policy set forth in Exhibit "A" to this Resolution, is hereby
adopted.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Cathedral City this 13th day of April, 2016.
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an ey Henry, Mayor
ATTEST: APPROVED AS TO FORM:
ao
Gary 'Ho ell, y C1- k Eric S. Vail, City Attorney
I, GARY F. HOWELL, CITY CLERK of the City of Cathedral City, do hereby certify that
the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of
the City of Cathedral City held on the 9th day of March, 2016 by the following vote:
AYES: Council Members Aguilar, Carnevale and Kaplan; Mayor Henry
NOES: None
ABSENT: Mayor Pro Tem Pettis
ABSTAIN: None
��►�« ' ,mss
Gary F, Ho r'el City Clerk
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EXHIBIT"A"
CITY OF CATHEDRAL CITY
POLICY FOR THE DISTRIBUTION OF TICKETS
1.0 Application of Policy
1.1 This policy applies to tickets which provide admission to a facility, event,
show, or performance for an entertainment, amusement, recreational or
similar purpose, and are either:
a) gratuitously provided to the City by an outside source;
b) acquired by the City by purchase;
c) acquired by the City as consideration pursuant to the terms of a
contract for the use of a city venue;
d) acquired by the City because the City controls the event; or
e) acquired and distributed by the City in any other manner.
1.2 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.
1.3 This policy does not apply to the following situations:
a) The City Official reimburses the City for the face value of the ticket(s)
at the time the ticket(s) are distributed to the City Official.
b) The City Official treats the ticket(s) as income consistent with
applicable federal and state income tax laws, and the City reports the
distribution of the ticket(s) as income to the City Official in compliance
with Section 7.1 of this Policy.
c) The ticket(s) were given to the City by an outside source and
earmarked by the donor for use by the City Official(s) who ultimately
use the ticket(s).
2.0 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).
2.1 "City" or "City of Cathedral City" shall mean and include the City of
Cathedral City any other affiliated agency created or activated by the
Cathedral City City Council, and any departments, boards and
commissions thereof.
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EXHIBIT"A"
2.2 "City Official" means every member, officer, employee or consultant of the
4 and
City of Cathedral City, defined in Government Code Section 82048 Y tY,
FPPC Regulation 18701. Such term shall include, without limitation, any
City board or commission member or other appointed official or employee
required to file an annual Statement of Economic Interests (FPPC Form
700).
2.3 "City Venue" means any facility owned, controlled or operated by the City
of Cathedral City.
2.4 "Immediate family" means the spouse or registered domestic partner of a
City Official and dependent children of a City Official.
2.5 "Ticket" means a "ticket" or "pass" as those terms are defined in FPPC
Regulations 18944.1 and 18946.
3.0 General Provisions
3.1 Distribution for Public Purpose: The distribution of any ticket to, or at the
behest of, a City Official must accomplish one or more of the public
purposes listed in Section 5.0 of this policy.
3.2 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.
3.3 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 or no more than one
guest solely for their attendance at the event.
3.4 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No
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person who receives a ticket pursuant to this policy shall sell or receive
reimbursement for the value of such ticket.
3.5 Number of Tickets: The Ticket Administrator shall determine the number
of tickets that may be distributed to a City Official for a particular event
consistent with this policy, but in no case shall the number of tickets given
to a City Official for a particular event exceed the total number of persons
in the City Official's immediate family, including the Official, plus one ticket
for an additional guest. For tickets to community events, the Ticket
Administrator shall provide the Official with a ticket for their spouse or
significant other whenever feasible as a means of encouraging greater
involvement in community events.
4.0 Ticket Administrator
4.1 The City Manager shall be the Ticket Administrator for purposes of
implementing the provisions of this policy.
4.2 In any circumstance where the City Manager desires to obtain a ticket or
pass for himself or herself, the City Council authorizes the Mayor to
exercise the City's sole discretion in determining whether the City
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EXHIBIT"A"
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Manager's use or behest of tickets or passes is in accordance with the
terms of this policy.
5.0 Conditions Under Which Tickets May be Distributed
Subject to the provisions of this policy, tickets may be distributed to City Officials
for one or more of the following public purposes.
5.1 Performance of a ceremonial role or function representing the City at the
event.
5.2 The job duties of the City Official require his or her attendance at the
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event.
5.3 Economic or business development purposes on behalf of the City.
5.4 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.
5.5 Attracting or rewarding volunteer public service.
li 5.6 Supporting and/or showing appreciation for programs or services rendered
by non-profit organizations benefiting City residents.
5.7 Encouraging or rewarding significant academic, athletic, or public service
achievements by Cathedral City students, residents or businesses.
5.8 Supporting general employee morale and retention. Elected City Officials
are not eligible for tickets under this Section 5.8.
5.9 As special recognition or reward for meritorious service by a City Official.
Elected City Officials are not eligible for tickets under this Section 5.9.
5.10 For use in connection with a City employee competition or drawing.
6.0 Tickets Distributed at the Behest of a City Official
6.1 Only the following City Officials shall have authority to behest tickets: City
Council Members and the City Manager.
6.2 Tickets shall be distributed at the behest of a City Official only for one or
more public purposes set forth in Section 5 above.
6.3 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.
7.0 Disclosure Requirements
7.1 The distribution of Tickets pursuant to this policy must be documented by
the preparation and certification of FPPC Form 802, or such alternative
form as may be approved or amended by the FPPC from time to time.
Within forty-five (45) calendar days of the distribution of a Ticket, the
Ticket Administrator or his or her designee must prepare and certify a
Form 802 and must forward it to the FPPC for posting on the FPPC
website.
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7.2 The City will maintain the completed Form 802 as a public record, subject
to inspection and copying as set forth in Government Code Section 81008
and 81009.
8.0 Return of Tickets
Prior to the event taking place, any City Official or a member of their immediate
family may return any unused ticket to the City for redistribution pursuant to this
policy and is not required to disclose the receipt of the ticket.
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