HomeMy WebLinkAboutCDC/2009-40
(NOTE: COMPANION RESOLUTION 2009-290)
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RESOLUTION NO. CDC/2009-40
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
7 WHEREAS, the California Fair Political Practices Commission ("FPPC") recently amended
8 Section 18944.1, of the California Code of Regulations relating to tickets or passes to facilities or
9 events for entertairnnent purposes distributed by governmental agencies such as the Redevelopment
10 Agency of the City of San Bernardino ("Agency") to, or at the behest of, public officials to further
II restrict the use of event tickets and passes by Agency officials and employees; and
12 WHEREAS, from time to time, the City of San Bernardino ("City")/Agency creates or
13 receives event tickets and/or passes from public and private entities and individuals; and
14 WHEREAS, in accordance with the amended FPPC Regulation 18944.1, the Agency desires
15 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
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21 WHEREAS, FPPC Regulation 18944.1, subdivision (c) requires that any distribution of
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,
27 when so distributed, not considered gifts to public officials; and
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CDC/2009-40
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 of
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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
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
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CDC/2009-40
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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
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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 i oint reQ"ular meeting
7 thereof, held on the 3rd day of August ,2009, by the following vote to wit:
8 Commission Members: Aves Navs Abstain Absent
9 ESTRADA X
10 BAXTER X
11 BRINKER X
SHORETT X
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KELLEY X
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JOHNSON X
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MC CAMMACK X
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17 Sec?etary
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19 The foregoing Resolution is hereby approved this 6th day of August
,2009.
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Patricf J. Morris, . erson
'- unity Development Commission
of the City of San Bernardino
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24 Approved as to Form:
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26 By: ~~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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City of San BernardinolRedevelopment Agency of the City of San Bernardino
DISTRIBUTION, USE AND REPORTING
OF TICKETS AND PASSES POLICY
A. Purpose
This policy is to establish a City/Agency-wide procedure for the distribution, use and reporting
of tickets or passes to a facility, event, show or performance for an entertainment, amusement,
recreational or similar purpose (hereinafter the "Event") in compliance with Section 18944.1 of
the Fair Political Practices Commission Regulations (hereinafter "FPPC Regulations").
The FPPC Regulations set out the circumstances under which a public agency's distribution of
tickets or passes for which no consideration of equal or greater value is provided by the public
official or employee does not result in a gift to the public official or employee. Tickets or passes
to an Event distributed and accounted for in compliance with this policy and FPPC Regulations
will not be considered as gifts to the City of San Bernardino ("City") or the Redevelopment
Agency of the City of San Bernardino ("Agency") officials and employees who make use of such
tickets and passes. The public and governmental purpose in distributing tickets and passes to
Events is to enable City or Agency officials and employees to promote City businesses,
resources, programs and facilities, to monitor and evaluate City venues and City-sponsored
events, to promote cultural, recreational and educational facilities, services and programs
available to the public within the City of San Bernardino, and to enhance employee morale.
This policy is subject to all applicable FPPC Regulations and the Political Reform Act. Nothing
in this policy is intended to alter, amend or otherwise affect the obligations of City or Agency
officials and employees under the Political Reform Act and implementing regulations.
B. Policy
1. Definitions.
a. "City" means the City of San Bernardino and the Redevelopment Agency of the City of San
Bernardino.
b. "City Manager" means the City Manager or his/her designee.
c. "Agency Director" means the Director of the Redevelopment Agency of the City of San
Bernardino or his/her designee.
d. "City official" means every member, officer, employee or consultant of the City of San
Bernardino or the Redevelopment Agency, as the term "public official" is defined in
Government Code Section 82048 and FPPC Regulations Section 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).
e. "Immediate Family" means spouse and dependent children.
f. "Ticket" means "ticket or pass" as that term is defined in FPPC Regulations Section 18944.1,
as amended from time to time, but which currently defines "ticket or pass" as admission to a
facility, event, show, or performance for an entertainment, amusement, recreational, or similar
purpose.
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2. Applicabilitv.
This policy applies to tickets and passes !bat are; (i) gratuitously provided to the City by an
outside source; or (ii) acquired by !be City by purchase; or (iii) received by the City as
consideration pursuant to the terms of a contract or because the City owns or controls !be facility
or venue at which the Event occurs or sponsors !be Event.
3. Public Purpose.
Any distribution of tickets or passes in accordance with this policy to a City official, or to an
individual or organization outside the City at the request of a City official, must be in furtherance
of a goverrunental and/or public purpose and be reported as provided in this policy.
C. Procedure for Distribution and Reporting
I. Distribution. The City has sole discretion to determine who shall receive !be tickets or passes
received or acquired by the City.
a. Tickets or passes that are donated or provided by an outside source and are earmarked
for use by a specific City official are considered gifts to the City official and are subject
to the disclosure and reporting requirements applicable to gifts, unless one of the
exemptions listed below apply.
I. Ceremonial Role or Function. Tickets or passes provided to a City official to
carry out his or her job duties or where !be City official will perform a ceremonial role
or function on behalf of the City at the Event are not considered gifts to the City
official and are exempt from the disclosure and reporting requirements of this policy.
2. Income. The City official treats the tickets or passes as income consistent with
federal and state income tax laws and the City reports distribution of the tickets or
passes as income to the City official on the FPPC Form 802.
3. Reimbursement. The City official purchases or reimburses the City for the face
value of the tickets or passes.
b. Tickets or passes received by the City from an outside source without designation as to
the specific City official who may use the tickets or passes shall be forwarded to the City
Manager or Agency Director who shall determine the face value of the tickets or passes,
the City official who may use them, and report their distribution as provided in Section
C.2 below.
c. For tickets or passes received by the City pursuant to the terms of a contract or because
the City owns or controls the facility or venue at which the Event occurs or the City
sponsors the Event, a City official may request use of these tickets or passes, or for
distribution to an individual or organization outside the City, by completing Parts 3 and 4
of FPPC Form 802 (Attachment A) and submitting !be request to the City Manager or
Agency Director.
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d. Elected City Officials. For tickets or passes purchased or acquired by the City for use
by an elected City official, or for distribution to an individual or organization outside the
City at the request of an elected City official, the office of the elected City official shall
be responsible for reporting the distribution of the tickets or passes as provided in Section
C.2. below.
e. If the tickets or passes do not have a stated face value or state something to the effect
of "complimentary" or "promotional," the City Manager or Agency Director shall
determine the value of the tickets or passes based on the reasonable cost for attendance at
such an Event.
f. The City Manager or Agency Director shall establish an internal procedure set forth in
writing for the distribution of tickets or passes in accordance with this policy.
2. Reporting Requirement. Tickets or passes distributed by the City to a City official, or to an
individual or organization outside the City at the behest of a City official, pursuant to this policy,
shall be documented in a completed FPPC Form 802 (see Attachment A) or such other form(s) as
the FPPC may designate. The completed Form 802 shall be filed with the City Clerk and posted
on the City's website in a prominent fashion within 30 days after distribution of the tickets or
passes.
3. Transfer Prohibition. A City official who receives tickets or passes distributed by the City
according to this policy is prohibited from transferring or giving the tickets or passes to any other
person except to members of the official's immediate family for their personal use. No person
receiving a ticket or pass pursuant to this policy shall sell or receive reimbursement for the value
of the ticket or pass.
4. Policy Limited to ticket or pass. If other benefits, such as food, beverages or other items, are
provided to the City official at the Event and they are not included as part of the admission to the
Event, those benefits shall be accounted for as gifts to the City official.
D. Effective Date
This policy shall be effective upon City Council and Community Development Commission
approval and shall be posted on the City website in a prominent fashion.
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/-f It- atL-ft /v<..tAA-. -6 A
Tickets Provided by
Agency Report
1. Agency Name
A Public Document
TICKETS PROVIDED BY
AGENCY REPORT
Date Stamp
California 802
Form
Division, Department, or Region (if applicable)
For Official Use Only
Street Address
Area Code/Phone Number E-mail
o Amendment (Must explain in Part 5.)
Agency Contact (name and title)
Date of Original Filing:
(month, day. year)
2. Event For Which Tickets Were Distributed
Date(s) of Event: ----1----1_ Description of Event:
----1----1_ Face Value ofTicket: $
Agency Event
DYes
o No (Identify source of tickets below.)
Name of Outside Source of Ticket(s) Provided to Agency:
Number of Tickets Received:
Ticket(s) Provided to Agency: 0 Gratuitously
o Pursuant to Contract
3. Agency Officlal(s) Receiving Tlcket(s) (use a continuation sheet for additional names)
Name of Official Number State Whether the Distribution is Income to the Official or
(Last, First) of Tickets Describe the Public Purpose for the Distribution
4. Individual or Organization Receiving Ticket(s) (Provided at the behest of an agency official)
Name of Behesting Agency Official:
Name of Individual or Organization:
Number of Tickets:
Description of Organization:
Address of Organization:
Number and Street
City
State
Zip Code
Purpose for Distribution: (Describe the public purpose for the distribution to the organization.)
5. Verification
J have determined that the distribution of tickets set forth above is;n accordance with the provisions of FPPC Regulation 18944.1.
Signature of Agency Head or Designee
Print Name
Title
(month, day,year)
Comment: (Use this space or an attachment for any additional information including amendment explanation.)
FPPC Form 802 (Feb/09)
FPPC Toll-Free Helpline: 868/ASK.FPPC (8661275-3772)
Tickets Provided by
Agency Report
California 802
Form
A Public Document
This form is for use by all state and local government
agencies to disclose the distribution of tickets or passes
that allow admission to facilities, events, shows, or
performances for entertainment, amusement, recreational,
or similar purposes. The agency must complete Form
802 identifying agency officials who receive tickets or
passes from the agency as well as other individuals
and organizations that receive tickets or passes at the.
behest of agency officials. Form 802 must be posted In a
prominent fashion on the agency's website.
Gifts of Tickets or Passes to Public Officials
FPPC Regulation 18944.1 sets out the circumstances
under which an agency's distribution of tickets or passes to
or at the behest of an official in the agency does not result
in a gift to the official. (Regulation 18944.1 is avaiiable
on the FPPC website at www.fppc.ca.gov.) Even though
the distribution of tickets or passes to a public official
under the regulation is not a gift to the official, the agency
must disclose the distribution on Form 802. The official
does not have to disclose tickets Of passes received or
distributed under the regulation on his Of her Statement
of Economic Interests (Form 700), but tickets or passes
received or distributed by the official that do not fall under
the regulation may be subject to disclosure on the official's
Form 700 and subject to gift limits.
Posting Form 802
The Form 802 must be posted on the agency's website
within 30 days after the distribution. If the agency does
not maintain a website, the form must be maintained by
the agency 85 a public record, be available for public
inspection and copying, and be forwarded to the FPPC for
posting on its website.
Part 1, Agency Identification
List the agency's name, address and the name of an
agency contact. Mark the amendment box if changing any
information on a previously filed form and include the date
of the original filing.
Part 2. Event For Which Tickets Were Distributed
Provide the date(s) of the event, a description of the event,
and the face value (I.e. the cost to the public) of the ticket
or pass. Check the box indicating whether the event was
an "agency event" (such as a county fair, or an event
for which the agency purchased tickets). If the agency
received the tickets from an outside source, identify the
source the number of tickets received, and check the box
to identity whether the tickets or passes were provided to
the agency:
Gratuitously; or
Pursuant to a contract.
Part 3. Agency Official(s) Receiving Ticket(s)
Disclose the name of each agency official that received
a ticket or pass and the number of tickets or passes the
official received. Also state whether the distribution is
income to the official or describe the public purpose for
which the official received the tickets or passes.
Part 4. Individual or Organization Receiving Ticket(s)
If tickets or passes were distributed to an individual or . .
organization outside the agency, at the behest of an official
of the agency. provide the name of the official. Disclose
the name(s) of the individuals(s) who received the tickets
or passes and the number of tickets or passes provided. If
the tickets or passes were provided to an organization, the
agency may post the name, address, a description of t~e
organization, and the number of tickets or passes prOVided
to the organization in lieu of posting the name of each
individual that received a ticket or pass. Also, describe
the public purpose for the distribution to the individual or
organization.
Part 5. Verification
The agency head or his or her designee must sign the
form.
Privacy Information Notice
Information requested on all FPPC forms is used by the
FPPC to administer and enforce the Political Reform
Act (Government Code Sections 81000-91014 and
California Code of Reguiations Sections 18109-18997).
All information required by these forms is mandated by
the Political Reform Act. Failure to provide all of the
information required by the Act is a violation subject to
administrative, criminal, or civil prosecution. All reports
and statements provided are public records open for public
inspection and reproduction.
If you have any questions regarding this Privacy Act
Notice, please contact the FPPC.
General Counsel
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
(916) 322-5680
FPPC Form 802 (Febf09)
FPPC Toll-Free Helpline: 866/ASK-FPPC (8661275-3772)