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HomeMy WebLinkAboutR58-Economic Development Agency CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY - ~ 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 - , ......... (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: $ -0- Source: Budget Authority: N/A N/A Signature: Emil A. Marzullo, Interim Executive Director ~ ~~ ....a--r- ' --...------- Fiscal Review: . ,o' I Ru Dejesus - , nterim Administrative Services Director Commission/Council Notes: r- \....- '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 - l....,.., c c 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. P:\Agendas\Comm Oev Commission\COC 2009\07-06-09 TIcket Distribution Policy SR.doc COMMISSION MEETING AGENDA Meeting Date: 07106/2009 Agenda Item Number: ~~~ c , .......... -- "- 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. ~~. 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: I2..S~ -, 1 l.. 2 3 4 5 6 7 8 9 10 it 12 13 .-, 14 , \...... 15 - 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 28 I P:\AgendasIResolulionslResolutions\2009\07..Q6...Q9 Ti<:ket Disrnbution Policy CDC Resodot c c c 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: 8 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 10 complimentary tickets and passes to Agency officials for a facility, event, show or performance, a 11 copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully 12 as though set forth at length. 13 14 Section 2. This Resolution shall take effect from and after its date of adoption by this 15 Commission. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:\AgendasIResolutions\Re50lutions\2009\07-06-09 Ticket Distribulion Policy CDC Reso_doc C1 2 3 4 r- '- r \...... 27 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 15 16 17 18 19 The foregoing Resolution is hereby approved this Secretary day of ,2009. 20 21 22 23 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 24 Approved as to Form: ~ ,--- J: I By: :,/~ 26 Agency Co sel 25 28 3 P:\Agendas\R.esolutions\ResoIutions\2009\07-06-09 Ticket Distribution Policy CDC Reso,doc - 1 \....- 2 3 4 5 6 7 8 9 10 11 12 13 _. 14 '- 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 EXHIBIT" A" TICKET POLICY FOR THE CITY OF SAN BERNARDINO AND THE REDEVELOPM ENT AGENCY OF THE CITY OF SAN BERNARDINO FOR ENTERTAINMENT PURPOSES 4 P:\Agendas\Resolutions\R(,$C.IluUons\2009\07-06-09 Ticket Distribution Policy CDC Reso,doe c c r '- 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. 1 P:l.AgendaslAienda AttachmetiU\Agenda Atta<:hmenls\Agenda AttachmentS\AsJmts-Amend 2009\07.Q6..09 Ticket Policy. Fina1.doc c c c 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. 2 P:\Agendas\Agenda Anachmenls\Agenda Attachments\Agenda AttachmenlslAgrmts-Amend 2009\07.06.09 Ticket Policy. Final.doc 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. c 4.2 4.3 5.2 The Public Official considers the Tickets as income consistent with applicable federal and state income tax laws. '- 5.3 /'- \.- 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. P:\Agendas\Agenda Attachments\Agenda Attaclunents\Agtnda Attachments\Asfmts-Amend 2009\07.Q6.09 Ticket Policy. Final,doe 3 c 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: ,>'- \..- 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; c (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 4 P\Agendas\Agenda AttachmenlS\Agtnda Anachments\Agenda Anachments\Agrmts-Amend 2009\07-06-09 Ticket Policy. Final.doc: c .,- , '- ,- ~ (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. 5 P:lAgendu\Agenda Attachments\Agenda Attach.menu\Agenda Attachmenls\Agrmu-Amend 2009\07.Q6.09 Ticket Policy. Final doc