2012/06/26 City Council Resolution 2012-70RESOLUTION NO. 2012- 70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, ADOPTING A POLICY FOR THE DISTRIBUTION OF TICKETS
AND /OR PASSES TO CONFORM TO SECTION 18944.1 OF TITLE 2 OF THE
CALIFORNIA CODE OF REGULATIONS, AS AMENDED BY THE FAIR POLITICAL
PRACTICES COMMISSION
WHEREAS, the Fair Political Practices Commission ( "FPPC ") amended Section 18944.1 of
Title 2 of the California Code of Regulations ( "Regulation 18944.1 "), which amendment became
operative on February 7, 2009, that set forth the circumstances under which the City's
distribution of certain tickets and passes to a public official would need to be disclosed by the
City and not trigger a disclosure requirement for the purposes of the public official's Statement
of Economic Interest Form 700; and
WHEREAS, tickets or passes subject to 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 legislative or governing body of
an agency to determine whether the City's distribution of tickets and /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 such tickets and passes by officials frequently
serve legitimate governmental and /or public purposes; and
WHEREAS, based on such practice and the amended regulations, the City Council
desires to adopt a policy regarding the distribution of tickets and /or passes pursuant to
Regulation 18944.1;
NOW, THEREFORE, the City Council of the City of Rohnert Park, California, DOES
HEREBY RESOLVE AS FOLLOWS:
The City Council Policy for Distribution of Tickets and /or Passes in accordance with
Section 18944.1 of Title 2 of the California Code of Regulations, as amended by the FPPC and
set for the in Exhibit A to this Resolution, is hereby adopted.
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DULY AND REGULARLY ADOPTED on this 26th day of June, 2012.
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SUBJECT
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
RESO. NO. I POLICY NO. I EFF. DATE I PAGE
DISTRIBUTION OF TICKETS AND /OR PASSES 12012-70 1 490.15 16/26/12
Section 1. Purpose of Policy. The purpose of this policy is to ensure all tickets and /or
passes provided to the City are distributed in furtherance of governmental and /or public
purposes as required under Title 2, Section 18944.1 of the California Code of Regulations.
Section 2. Tickets Covered by this Policy. Tickets covered by this policy include those:
a. Gratuitously provided to the City by an outside source;
b. Acquired by the City by purchase;
c. Acquired by the City as consideration to the terms of a contract for the use of
a City venue, or the use of a venue incorporating services provided by the
City.
Section 3. Limitations.
a. This Policy shall apply only to the City's distribution of tickets and /or passes to, or at
the behest of, a public official for which equal or greater value is provided by the
public official. Consideration of equal or greater value shall be presumed if the
tickets or passes are distributed pursuant to this policy.
b. This Policy shall apply only if the tickets and /or passes that are (i) not earmarked by
the original source for use by the specific city official who uses the tickets and /or
passes and (ii) the City Manager or authorized designee determines in his /her sole
discretion which official may use the tickets and /or passes.
c. This Policy shall not apply to any other item of value provided to the City or City
Official regardless of whether received gratuitously or for which consideration is
provided as part of admission, such as food and beverages. Any such item other
than tickets and /or passes may be reportable on the City Official's Form 700 and be
subject to state law and FPPC regulations related to gifts to public officials.
d. This Policy does not apply to any tickets and /or passes received by a City Official
that: (i) The City Official treats as income consistent with applicable state and federal
income tax laws and regulations and the City reports the distribution of the Ticket as
income to the City Official; or (ii) for which the City Official pays the fair market value,
or for which the City Official reimburses the original source of the Ticket in
accordance with FPPC Regulations, or for which the City Official pays or reimburses
the City for the fair market value; or (iii) is a "gift" to the City Official in accordance
with FPPC Regulations whether or not the City Official reports the gift on the City
Official's Form 700.
Section 3. Official Duties; Ceremonial Roles. Tickets provided to public officials as part of
their official duties, or so that the public official may perform a ceremonial role or function
on behalf of the City, shall not be subject to this Policy, as 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 a public
official, or at the behest of a public official, when an event meets one of the following public
or governmental purposes:
a. Promotion of local and regional businesses, or economic development and
tourism activities within the City, including conventions and conferences.
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 specific City community events provided by or sponsored by the
City.
i. Promotion of any City owned sites such as parks, soccer fields, and golf
courses.
j. City recognition, visibility, and /or profile on a local, state, or national scale.
k. Promotion of open government through public official appearances,
participation and /or availability at business or community events.
I. Sponsorship agreements involving private events where the City specifically
seeks to enhance the City's reputation both locally and regionally by serving
as host or sponsor, providing the necessary opportunities to meet and greet
visitors, dignitaries, and residents.
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m. When the City, as a form of consideration, has required by written contract
that a certain number of tickets or suites be made available for City use.
n. Employee retention programs.
o. Special outreach programs for veterans, teachers, emergency and medical
personnel, and other civil service occupations.
p. Charitable 501(c)(3) fundraisers for the purpose of networking with other
community and civic leaders.
q. Promotion of and participation in intergovernmental relations and activities.
In order for a spouse of a public official to accompany him or her to any
qualifying event.
s. Any purpose similar to the above included in any City contract.
Section 5. Return of Tickets. Prior to the event taking place, any public official or any
member of the public official's immediate family may return any unused ticket to the City for
redistribution pursuant to this policy and is not required to report the returned ticket or pass
on the Form 802. Government Code section 8209 has defined immediate family to mean
spouse and dependent children. Neither public officials nor members of their immediate
families may sell or further transfer any ticket and /or pass provided under this policy.
Section 6. City Manager. The City delegates the authority to distribute any tickets and /or
passes in accordance with this policy to the City Manager or his or her designee. 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 Manager's use or behest of tickets and /or passes is in
accordance with the terms of this policy.
Section 7. Transfer Prohibition. The transfer of any tickets and /or passes distributed
pursuant to this policy, by any public official to any person other than 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. The Form 802 shall be posted for twelve (12) months and may be
removed at the City's discretion anytime thereafter.
Section 9. Website Disclosure. Notice of the distribution of tickets or passes pursuant to
this policy shall be posted on the City's 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