HomeMy WebLinkAboutR58-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
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FROM:
Emil A. Marzullo
Interim Executive Director
SUBJECT:
City of San Bernardino and tbe Redevelopment
Agency of tbe City of San Bernardino -
Adoption of a Policy regarding the distribution
of tickets or passes punuant to tbe
requirements of Fair Political Practices
Commission Regulation 18944.1
DATE:
June 23, 2009
SvnoDsis of Previous Commission/Council/Committee Action(s):
On May 7, 2009, Redevelopment Committee Members Johnson and Brinker unanimously voted to recommend that the Mayor
and Common Council and/or the Community Development Commission consider this action for approval.
Recommended Motion(s):
IMavor and Common COUDCil)
Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Joint Policy with the
Redevelopment Agency of the City of San Bernardino regarding the distribution of tickets or passes pursuant to the
requirements of Fair Political Practices Commission Regulation 18944.1
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(Communitv DeveloDment Commission)
Resolution of the Community Development Commission of the City of San Bernardino adopting a Joint Policy with tbe
City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political
Practices Commission Regulation 18944.1
Contact Person(s):
John Dohm
Phone:
Project Area(s):
Supporting Data Attached:
Funding Requirements:
N/A
Ward(s):
(909) 663-1044
All
Ii':! Staff Report Ii':! Resolution(s) Ii':! Policy 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
Amount: $
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Source:
Budget Authority:
N/A
N/A
Signature:
Emil A. Marzullo, Interim Executive Director
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Fiscal Review: . ,o'
I Ru Dejesus -
, nterim Administrative Services Director
Commission/Council Notes:
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'COMMISSION MEETING AGENDA
Meeting Date: 07106/2009
Agenda Item Number: ~
P:\Aaendas\Comm Dev Commission\CDC 2009\07-06-09 Ticket Dimibution Policy SR.dot
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO - ADOPTION OF A POLICY REGARDING THE DISTRIBUTION OF
TICKETS OR PASSES PURSUANT TO THE REQUIREMENTS OF
FAIR POLITICAL PRACTICES COMMISSION REGULATION 18944.1
BACKGROUND/CURRENT ISSUE:
On December 11,2008, the California Fair Political Practices Commission (FPPC) amended Regulation
Section 18944.1, requiring the disclosure in the use of event tickets and passes by govemment officials
and employees. This change requires that tickets or passes be declared as "gifts" to the City of San
Bernardino ("City")/Redevelopment Agency of the City of San Bernardino ("Agency") officials unless
the City can demonstrate that the official's use of the ticket served a specificgovemmental or public
purpose. The term "City official" means any public official of the City or the Agency who is currently
required to submit a Statement of Economic Interest, Form 700.
For the purpose of the new rule, the term "ticket" means anything permitting admission to a facility,
event, show or performance for entertainment, amusement, recreational or similar purpose. This applies
to any tickets provided from an outside source such as the California Speedway or local ski resorts, as
well as tickets obtained pursuant to a contract with an event sponsor such as Route 66 or the Inland
Empire 66ers. The policy would also apply to tickets for events at City/Agency functions such as the
California Theatre of the Performing Arts, the Sturges Center for the Fine Arts and the Agency owned
Arrowhead Credit Union Baseball Stadium.
Prior to this regulation, tickets received by City officials from agencies, such as those listed above, were
not required to be reported if they did not exceed the maximum limit to be considered "gifts", currently
$420.00. Regulation 18944.1 now requires a receipt of these tickets be disclosed. City officials are not
required to report tickets or passes obtained in accordance with this Regulation on their Form 700.
In addition to imposing new disclosure requirements on tickets and passes, the Regulation requires local
governments to adopt a policy governing the distribution of tickets to, or at the behest of, City officials.
The policy is required to state that the distribution of a ticket or pass, pursuant to Regulation 18944.1,
shall be posted on a Council Commission submitted Form 802, in a prominent fashion on the website of
the City/Agency within 30 days after the distribution.
The new Regulation went into effect on February 7, 2009. Working with the Agency, staff from the City
Manager's Office developed a ticket distribution policy to be adopted by the Mayor and Common Council
of the City of San Bernardino, as well as the Community Development Commission of the City of San
Bernardino. The reason for the joint policy is to provide consistency for officials who may be required to
complete 802 Forms for tickets or passes they obtain. Although there will be one adopted policy, the City
and the Agency will each report their distributed tickets on their respective websites.
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COMMISSION MEETING AGENDA
Meeting Date: 07106/2009
Agenda Item Number: ~~~
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Economic Development Agency Staff Report
Ticket Distribution Policy
Page 2
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the attached
Resolutions.
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Emil A, Marzullo, Interim Executive Director
P:\Agendas\Comm Dev CommissionlCDC 2009\07..06-09 Ticket Distribution Policy SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 07/0612009
Agenda Item Number:
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO ADOPTING A JOINT POLICY WITH
THE CITY OF SAN BERNARDINO REGARDING THE DISTRIBUTION OF
TICKETS OR PASSES PURSUANT TO THE REQUIREMENTS OF FAIR
POLITICAL PRACTICES COMMISSION REGULATION 18944.1
WHEREAS, the California Fair Political Practices Commission ("FPPC") recently amended
Section 18944.1, of the California Code of Regulations relating to tickets or passes to facilities or
events for entertainment purposes distributed by governmental agencies such as the Redevelopment
Agency of the City of San Bernardino ("Agency") to, or at the behest of, public officials to further
restrict the use of event tickets and passes by Agency officials and employees; and
WHEREAS, from time to time, the City of San Bernardino ("City")/Agency creates or
receives event tickets and/or passes from public and private entities and individuals; and
WHEREAS, in accordance with the amended FPPC Regulation 18944.1, the Agency desires
to use such tickets and/or passes to further public purposes, such as the promotion of Agency
16 businesses, resources, programs and facilities; and
17 WHEREAS, the furtherance, of public purposes may require the distribution of said tickets
18 and/or passes to "public officials" as that term is defined by Government Code section 82048 and
19 FPPC Regulation 1870 I and such term shall be applied to Agency officials as used in this
20 Resolution; and
21 WHEREAS, FPPC Regulation 18944.1, subdivision (c) requires that any distribution 0
22 tickets and/or passes to, or at the behest of, Agency officials must be made pursuant to a duly
23 adopted written policy if such distribution is made under Fair Political' Practices Commission
24 Regulation 18944.1, subdivision (b)(2); and
25 WHEREAS, consistent with the foregoing Recitals and according to FPPC Regulation
26 18944.1, such tickets and/or passes distributed in accordance with a duly adopted written policy are,
I..- 27 when so distributed, not considered gifts to public officials; and
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1 WHEREAS, the FPPC recognizes and has stated that governmental agencies such as the
2 Agency has discretion in determining whether the distribution of tickets and/or passes serves a
3 legitimate public purpose of the Agency, provided that the determination is consistent with State
4 law.
5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
6 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
7 FOLLOWS:
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Section 1.
The Community Development Commission of the City of San Bernardino
9 hereby adopts the Policy together with the City of San Bernardino governing the distribution 0
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complimentary tickets and passes to Agency officials for a facility, event, show or performance, a
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copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully
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as though set forth at length.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
15 Commission.
16 III
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20 III
21 III
22 III
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24 III
25 III
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27 III
28 III
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO ADOPTING A JOINT POLICY WITH
THE CITY OF SAN BERNARDINO REGARDING THE DISTRIBUTION OF
TICKETS OR PASSES PURSUANT TO THE REQUIREMENTS OF FAIR
POLITICAL PRACTICES COMMISSION REGULATION 18944.1
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
6 Development Commission of the City of San Bernardino at a
meeting
7 thereof, held on the
day of
Aves
, 2009, by the following vote to wit:
Abstain
Absent
8 Commission Members:
Navs
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
MC CAMMACK
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19 The foregoing Resolution is hereby approved this
Secretary
day of
,2009.
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Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
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By: :,/~
26 Agency Co sel
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EXHIBIT" A"
TICKET POLICY FOR THE CITY OF SAN BERNARDINO AND THE
REDEVELOPM ENT AGENCY OF THE CITY OF SAN BERNARDINO
FOR ENTERTAINMENT PURPOSES
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TICKET POLICY
FOR
THE CITY OF SAN BERNARDINO
AND
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
FOR ENTERTAINMENT PURPOSES
1.0
Application of Policy
1.1 This Policy applies to Tickets which provide admission to a facility or event for
an entertainment, amusement, recreational or similar purpose, and are either:
(a) gratuitously provided to the City of San Bernardino (the "City")or the
Redevelopment Agency of the City of San Bernardino (the "Agency") by an
outside source;
(b) acquired by the City or the Agency by purchase;
(c) acquired by the City or the Agency as consideration pursuant to the terms of
a contract for the use of a City Venue; or
(d) acquired and distributed by the City or the Agency in any other manner.
This Policy does not apply to any other item of value provided to the City, the
Agency or any Public Official, regardless of whether received gratuitously or for
which consideration is provided.
This Policy, together with the Ticket procedures established pursuant to Section
4.2 below, shall apply to the California Theatre of the Performing Arts
("Theatre"), the Sturges Center for the Fine Arts ("Sturges"), and the Arrowhead
Credit Union Baseball Stadium ("Stadium") which are City and/or Agency owned
facilities.
2.0 Definitions
1.2
1.3
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
Regulations (Title 2, Division 6 of the California Code of Regulations, Section 18110, et
seq., as the same may from time-to-time be amended).
2.1 "Agency" shall mean the Redevelopment Agency of the City of San Bernardino
and any other affiliated agency, joint powers authority or non-profit corporation
created or activated by the Community Development Commission of the City of
San Bernardino "(Commission"), and any departments, boards and commissions
thereof.
2.2 "City" shall mean the City of San Bernardino and any other affiliated agency,
joint powers authority or non"profit corporation created or activated by the Mayor
and Common Council of the City of San Bernardino ("Council"), and any
departments, boards and commissions thereof.
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2.3 "City Venue" shall mean and include the Theatre, Sturges, the Stadium, or any
other facility owned, controlled or operated by either the City or the Agency.
2.4 "FPPC" shall mean the California Fair Political Practices Commission.
2.5 "FPPC Regulations" shall mean the regulations of the Political Practices
Commission ("PPC") set forth in Title 2, Division 6, of the California Code of
Regulations.
2.6 "Immediate Family" shall have the same meaning as set forth in Government
Code Section 82029 as the same may be amended from time-to-time. As of the
date of adoption of this Policy, the term "Immediate Family" is defined in
Government Code Section 82029 as the Public Official's spouse and dependent
children.
2.7 "Public Official" means every member, officer, employee or consultant of either
the City or the Agency, as such term "Public Official" is defined in Government
Code Section 82048 and FPPC Regulation 18701. Such term shall include,
without limitation, any City or Agency board or commission member or other
appointed official or employee required to file an annual Statement of Economic
Interests (FPPC Form 700).
2.8
"Ticket" means and includes any form of admission privilege to a facility, event,
show or performance whether at a City Venue or otherwise.
3.0 General Provisions
3.1 No Right to Tickets: The use of complimentary Tickets is a privilege extended by
the City and the Agency and not the right of any person to which the privilege
may from time-to-time be extended.
3.2 Limitation on Transfer of Tickets: Tickets distributed to a Public Official
pursuant to this Policy shall not be transferred to any other person, except to
members of such Public Official's Immediate Family and solely for their personal
use.
3.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person
who receives a Ticket pursuant to this Policy shall sell or receive reimbursement
for the value of such Ticket.
4.0 Ticket Administrator
4.1 The City Manager shall be the Ticket Administrator for purposes of implementing
the provisions of this Policy on behalf of the City. The Executive Director of the
Agency shall be the Ticket Administrator for purposes of implementing the
provisions of this Policy on behalf of the Agency.
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Each of the Ticket Administrators shall have the authority, in their sole discretion,
to establish additional written procedures for the distribution of Tickets in
accordance with this Policy. All requests for Tickets which are within the scope
of this Policy shall be made in accordance with the written procedures to be
established by each Ticket Administrator.
The Ticket Administrator shall determine the face value of all Tickets distributed
by the City or the Agency, as applicable, for purposes of Sections 5.1, 5.2 and
7.1(d) of this Policy.
4.4 The Ticket Administrators, in their sole discretion, may revoke or suspend the
Ticket privileges of any person who violates any provision of this Policy or the
written procedures established by the Ticket Administrator for the distribution of
Tickets in accordance with this Policy.
5.0 Conditions under Which Tickets May be Distributed:
Subject to the provisions of this Policy, complimentary Tickets may be distributed to
Public Officials under the following conditions:
5.1 The Public Official reimburses the City or the Agency for the face value of the
Tickets.
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4.2
4.3
5.2 The Public Official considers the Tickets as income consistent with applicable
federal and state income tax laws.
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ThePublic Official uses, or behests, such Tickets for one or more of the following
public purposes:
(a) Performance of a ceremonial role or function representing the City at the
event for which the Public Official may receive a sufficient number of
Tickets for the. Public Official and each member of their Immediate Family.
(b) The job duties of the Public Official require their attendance at the event for
which the Public Official may receive a sufficient number of Tickets for the
Public Official and each member of their Immediate Family.
(c) Economic or business development purposes on behalf of the City and the
Agency.
(d) Intergovernmental relations purposes, including, but not limited to,
attendance at an event with or by elected or al?pointed public officials from
other jurisdictions, their staff members and theIr guests.
(e) Attracting or rewarding volunteer public service.
(f) Supporting and/or showing appreciation for programs or services rendered
by non-profit organizations benefiting City of San Bernardino residents.
(g) Encouraging or rewarding significant academic, athletic or public service
achievements by City of San Bernardino students, residents or businesses.
(h) Attracting and retaining highly qualified employees in City and Agency
service, for which such employees may receive no more than four (4)
Tickets per event.
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6.0
(i) As special recognition .or reward for meritorious service by a City or
Agency employee, for which such employee may receive no more than four
(4) Tickets per event.
G) For use in connection with a City or Agency employee competition or
drawing, for which there shall be made available no more than (4) Tickets
per event.
(k) Recognition of contributions made to the City by former Mayors and City
Council Members, City Managers or City Department Heads and former
Agency Executive Directors or Agency Department Heads, for which such
former Mayors, City Council Members, City Managers or City Department
Heads and Agency Executive Directors or Agency Department Heads may
receive no more than (4) Tickets per event.
Tickets Distributed at the Behest of a Public Official.
6.1 Only the following Public Officials shall have authority to behest Tickets: The
Mayor and City Council Members, the City Manager, the Assistant City Manager,
and City Department Heads on behalf of the City, and the Executive Director on
behalf of the Agency.
6.2 Tickets shall be distributed at the behest of a Public Official only for one or more
public purposes set forth in Section 5.3 above.
6.3 If Tickets are distributed at the behest of a Public Official, such Public Official
shall not use one of the Tickets so distributed to attend the event.
Disclosure Requirements
7.1 Tickets distributed by the City or the Agency to any Public Official either (i)
which the Public Official considers as income pursuant to Section 5.2 above, or
(ii) for one or more public purposes described in Section 5.3 above, shall be
posted on a form provided by the FPPC in a prominent fashion on the appropriate
websites of either the City or the Agency, as applicable, within thirty (30)
calendar days after distribution. Such posting shall include the following
information:
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7.0
(a)
The name of the recipient, except that if the recipient is an organization, the
City or the Agency 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;
a description of the event;
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(b)
(c) the date of the event;
(d) the face value ofthe Ticket;
(e) the number of Tickets provided to each person;
(f) if the Ticket was distributed at the behest of a Public Official, the name of
the Public Official who made such behest; and
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(g) a description of the public purpose or purposes under which the distribution
was made, or, alternatively, that the Public Official is considering the Ticket
as Income.
7.2 Tickets distributed by the City or the Agency for which the City or the Agency
receives reimbursement from the Public Official as provided under Section 5.1
above shall not be subject to the disclosure provisions of Section 7.1.
8.0 Effective Date
8.1 This Policy shall be in full force and effect from and after June I, 2009, unless
modified or amended by the appropriate official actions of the City and the
Agency.
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