HomeMy WebLinkAboutReso 139-22 Adopting the Ticket Distribution Policy to Conform with Section 18944.1 of Title 2, CACode of Regulations by the FPPCRESOLUTION NO. 139 — 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE TICKET DISTRIBUTION POLICY TO CONFORM WITH SECTION 18944.1
OF TITLE 2, CALIFORNIA CODE OF REGULATIONS, AS ADOPTED BY THE FAIR
POLITICAL PRACTICES COMMISSION
WHEREAS, the Fair Political Practices Commission ("FPPC") adopted Section 18944.1,
Title 2, California Code of Regulations ("Regulation 18944.1") to regulate the distribution and
disclosure by public agencies of certain tickets and passes to public officials and employees;
and
WHEREAS, Regulation 18944.1 provides that a ticket and pass distributed pursuant to an
adopted policy and properly disclosed by the agency is not a gift to the public official and does
not trigger a disclosure requirement on the official's Statement of Economic Interests, Form 700;
and
WHEREAS, tickets and/or passes subject to the policy include 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 that 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 may serve
legitimate governmental and/or public purposes in accordance with FPPC regulations; and
WHEREAS, the City Council desires to adopt a policy regarding the distribution of tickets
and/or passes pursuant to Regulation 18944.1; and
WHEREAS, the proposed City of Dublin Ticket Distribution Policy establishes a fair and
equitable process for the distribution to City officials of such tickets and passes by the City, in
compliance with the requirements of FPPC Regulations and is attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the City of Dublin Ticket Distribution Policy in accordance with Regulation 18944.1,
and attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is directed to implement this policy
and the City Clerk is directed to post the Policy to the City's website and forward a link to the
FPPC.
Reso. No. 139-22, Item 4.3, Adopted 12/06/2022 Page 1 of 2
PASSED, APPROVED AND ADOPTED this 6th day of December 2022, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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Reso. No. 139-22, Item 4.3, Adopted 12/06/2022 Page 2 of 2
City of Dublin, CA
Ticket Distribution Policy
Attachment 2
Exhibit A to the Resolution
Council Policy
Ticket Distribution Policy
1. Purpose: This policy governs the fair and equitable distribution, use, and reporting of tickets and
passes obtained by the City. This policy is established in accordance with Section 18944.1 of the
Fair Political Practices Commission (FPPC) Regulations, which sets forth the circumstances under
which the City's distribution of tickets or passes to a public official does not result in a gift to the
individual official.
2. Definitions:
a. Public Official every official, employee, or consultant of the City who is obligated to file a
FPPC Form 700 under state law or the City's Conflict of Interest Code.
b. Immediate Family means spouse/registered domestic partners and dependent children.
c. Ticket means "ticket or pass" and includes anything that provides an admission privilege
to a facility, event, show, or performance for an entertainment, amusement, recreational, or
similar purpose, for which similar tickets or passes are offered for sale to the public. If
other benefits — such as food, beverages or other items — are provided to the Public
Official at the event and such benefits are not included as part of the admission to the
event, those benefits are not covered by this Policy.
d. Ticket Value is the fair market value of the ticket. (Section 18946.1) This policy governs
tickets with a fair market value of $50 or more.
3. Overall Guidelines:
This policy applies to the distribution of all tickets or passes received by the City that provide
admission to a facility, event, show, or performance for entertainment, amusement, recreational, or
similar purpose. This policy applies to any ticket which the City: (i) receives from a third party, (ii)
controls as a sponsor of, or other because it has control over, an event; or (iii) purchases.
This policy applies to every public official.
Any distribution or use of tickets that do not meet the requirements of this policy shall be reported
as a gift, as described in Section 4.e.
Limitation. This policy shall only apply to the City's distribution of tickets to a public official or at
the request of a public official for which no consideration of equal or greater value is provided by
the public official. Tickets for which the public official purchases or reimburses the City for the full
face value thereof within 30 days of receipt, are exempt from this policy. This policy does not apply
to invitation -only events or to tickets earmarked by an outside source for use by a specific public
Original Effective Date:
Revised Date:
Page 1 of 5
City of Dublin, CA Council Policy
Ticket Distribution Policy
official.
Reimbursement of actual and necessary expenses of any member of the City Council or any City
Commission incurred in the performance of official duties shall be governed by the City's
reimbursement policy. This policy does not apply to events in which tickets are not sold to the
public.
4. Policy Guidelines:
a. Ceremonial Duties.
Tickets provided to a public official and one guest so that the public official may perform a
ceremonial role, as defined in Section 18942.3 of the FPPC Regulations, on behalf of the
City are exempt from this policy and not a "gift" per the Political Reform Act, and
Government Code section 82028. However, information required by Form 802, a copy of
which is attached to this policy, including the number of tickets received, face value of the
ticket(s), and description of public purpose shall be reported on such Form 802 and posted
on the City's website per Section 4.c below.
b. Public Purposes.
The distribution of any ticket by the City to, or at the behest of, a public official must
accomplish a "public purpose" of the City. The City may provide a ticket to a public official
subject to this policy for any of the following City purposes, provided that the City Manager
or their designee determines that distributing the ticket accomplishes one or more of the
following public purposes:
i. Promotion of local and regional businesses and economic activities within the City,
including conventions and conferences.
ii. Promotion of City -controlled or sponsored events, activities, or programs.
iii. Promotion of community programs and resources available to city residents,
including nonprofit organizations and youth programs.
iv. Highlighting the achievements of City residents and businesses.
v. Promotion of private facilities available to City residents, including charitable and
nonprofit facilities.
vi. Promotion of public facilities available to City residents.
vii. Promotion of City growth and development, including economic development and
job creation opportunities.
viii. Promotion of City landmarks and community events.
ix. Promotion of special events conducted pursuant to a contract to which the City is
party.
x. Promotion of the city on a local, regional, state, or national scale.
xi. Promotion of open government by participation of public officials at business or
community events.
Original Effective Date:
Revised Date:
Page 2 of 5
City of Dublin, CA Council Policy
Ticket Distribution Policy
xii. Sponsorship agreements involving private events by which the City seeks to
enhance the City's reputation both locally and regionally by serving as hosts
providing the necessary opportunities to meet and greet visitors, dignitaries, and
residents.
xiii. Implementation of written contracts under which tickets are required to be made
available for City use.
xiv. Employment retention programs, support of general employee morale, or
rewarding public service
xv. Attracting or rewarding volunteer public service.
xvi. Special outreach programs for veterans, teachers, emergency services, medical
personnel, and other civic service occupations.
xvii. Any similar purpose stated in any City contract.
c. Reporting Requirement.
Tickets distributed by the City to, or at the behest of, a public official pursuant to this policy
shall be documented in a completed FPPC Form 802 (see Attachment 1) 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 45 days after
distribution of the tickets.
d. Return of Tickets.
Any public official may refuse or return any ticket to the City and not be required to report
the tickets under either Form 802 or 700.
e. Use of Tickets Not for Public Purpose — Reported as income.
Any distribution or use of a ticket that does not meet the requirements of Section 4.b shall
be subject to the "gift" definition of Government Code Section 82028 and reporting by the
public official under Form 700 as income consistent with federal and state income tax laws.
f. Transfer Prohibition.
A public official who receives tickets distributed by the City according to this policy is
prohibited from transferring or giving the tickets to any other person except to one guest
solely for their attendance at the event or 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. If a public official transfers a
ticket received from the City to any another person, as opposed to returning the ticket to
the City for redistribution, then the value of the ticket or tickets transferred shall constitute a
gift and shall be reportable as provided by the regulations of the FPPC.
Original Effective Date:
Revised Date:
Page 3 of 5
City of Dublin, CA Council Policy
Ticket Distribution Policy
g•
Policy Limited to Just Tickets.
If other benefits, such as food, beverages, or other items, are provided to the public official
at an event and they are not included as part of the admission to the event, those benefits
will need to be accounted for as gifts to the public official.
5. Responsibilities:
a. City Manager.
The City Council delegates the authority to distribute any ticket in accordance with this
policy to the City Manager or their designee and such authority includes the power to
distribute such a ticket to the City Councilmembers, the City Manager, or a department
head, provided that doing so is not disproportionate, and is otherwise consistent with this
policy.
b. City Clerk.
File Form 802 as required by the FPPC and post it on the City's website as required by
Section 18944.1 of the FPPC Rules. Form 802s posted to the City's website shall be
maintained on the City's website for a period of not less than four years and a link to the
website location of the forms emailed to the FPPC.
Approved:
Linda Smith, City Manager
Summary of Revisions
{Date} — Adopted by the City Council via Resolution No.
Original Effective Date:
Revised Date:
Page 4 of 5
City of Dublin, CA Council Policy
Ticket Distribution Policy
FAQs for Ticket Distribution Policy
1. The City is hosting an event and tickets are being sold to members of the public to attend the event. The
City is purchasing tickets to distribute to public officials. Is this covered under the policy?
YES. The Mayor or Councilmembers could have a ceremonial duty and there could be a public purpose in
having staff attend, to be determined in accordance with the policy. A Form 802 would be filed.
2. There is a regional lunch or dinner for businesses, the Mayor, Councilmembers, and staff. For example:
State of the City, State of the County, Tri-Valley Mayor's Summit. Is this covered under the policy?
NO. This event is not covered under the policy, and also does not require the filing of a Form 802. This
admission is not considered a ticket or pass for an event for entertainment, amusement, recreational, or
similar purpose.
3. The Mayor and Councilmembers have been invited to pay to attend a non -profit's or community -based
organization's fundraiser. Is this covered under the policy?
NO. This is not covered under the policy because it is the Mayor or Councilmember requesting a ticket,
versus the City distributing a ticket. The policy covers tickets that the City receives or purchases, and then
distributes consistent with the policy.
4. The City sponsors a regional event and receives tickets for City Officials, or staff, or tickets are offered to the
City by a sponsor of a regional event. Is this covered under the policy?
YES. If there is a Ceremonial Role or the City Manager has designated a public purpose, determined in
accordance with the policy, a Form 802 would be completed for the officials that attend.
5. A private reception is held by an organization or business and the Mayor, Councilmembers, and/or staff are
invited. Is this covered under the policy?
NO. This is a private event, and no tickets are being sold to the public. This event does not fall under the
policy and no filing is required.
Original Effective Date:
Revised Date:
Page 5 of 5
Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions A Public Document
Attachment 3
1. Agency Name
Division, Department, or Region (if applicable)
Designated Agency Contact (Name,Title)
Date Stamp
California Q O2
Form v
For Official Use Only
Area Code/Phone Number
E-mail
❑ Amendment (Must Provide Explanation in Part 3.)
Date of Original Filing.
(month, day, year)
2. Function or Event Information
Does the agency have a ticket policy? Yes ❑ No ❑ Face Value of Each Ticket/Pass $
Event Description: Date(s)
Provide Title/ Explanation
Ticket(s)/Pass(es) provided by agency? Yes ❑ No ❑
Was ticket distribution made at the behest Yes ❑ No ❑
of agency official?
If no:
Name of Source
If yes:
Official's Name (Last, First)
3. Recipients
• Use Section A to identify the agency's department or unit. • Use Section B to identify an individual. tJse Section C to identify an outside organization.
A.
Name of Agency, Department or Unit
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency's policy
B.
Name of Individual
(Last, First)
Number
of Ticket(s)/
Passes
Identify one of the following:
Ceremonial Role ❑ Other ❑
If checking "Ceremonial Role" or "Other" describe below:
Income ❑
Ceremonial Role ❑ Other ❑
If checking "Ceremonial Role" or "Other" describe below:
Income ❑
C.
Name of Outside Organization
(include address and description)
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency's policy
4. Verification
I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance
with the requirements.
Signature of Agency Head or Designee
Comment:
Print Name
Title
(month, day, year)
Print
Clear
FPPC Form 802 (2/2016)
FPPC Toll -Free Helpline: 866/ASK-FPPC (866/275-3772)
Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
California 802
Form
A Public Document
This form is for use by all state and local government
agencies. The form identifies persons that receive
admission tickets and passes and describes the public
purpose for the distribution. This form was prepared by
the Fair Political Practices Commission (FPPC) and is
available at www.fppc.ca.gov.
General Information
FPPC Regulation 18944.1 sets out the circumstances
under which an agency's distribution of tickets to
entertainment events, sporting events, and like occasions
would not result in a gift to individuals that attend the
function. In general, the agency must adopt a policy which
identifies the public purpose served in distributing the
admissions. The Form 802 serves to detail each event
and the public purpose of each ticket distribution. FPPC
Regulation 18942 lists exceptions to reportable gifts,
including ceremonial events, when listed on this form.
When the regulation procedures are followed, persons,
organizations, or agencies who receive admissions
are listed on a Form 802. Agency officials do not report
the admissions on the official's Statement of Economic
Interests, Form 700, and the value of the admission is not
subject to the gift limit.
The Form 802 also informs the public as to whether the
admissions were made at the behest of an agency official
and whether the behested tickets were provided to an
organization or to specific individuals.
Exception
FPPC This form is not required for admission provided to a
school or university district official, coach, athletic director,
or employee to attend an amateur event performed by
students of that school or university.
Reporting and Public Posting
Ticket Distribution Policies: An agency must post its
ticket policy on its website within 30 days of adoption or
amendment and e-mail a link of the website location to
FPPC at form802@fppc.ca.gov.
Form 802: The use of the ticket or pass under the policy
must be reported on Form 802 and posted on the agency's
website within 45 days of distribution. A link to the website
location of the forms must be e-mailed to FPPC at
form802@fppc.ca.gov.
The FPPC will post on its website the link to each agency's
policy and completed forms. It is not necessary to send
an e-mail each time a new Form 802 is posted. It is
only necessary to submit the link if the posting location
changes.
This form must be maintained as a public document.
Privacy Information Notice
Information requested by the FPPC is used to administer
and enforce the Political Reform Act. Failure to provide
information may be a violation subject to administrative,
criminal, or civil penalties. All reports are public records
available for inspection and reproduction. Direct questions
to FPPC's General Counsel.
Instructions
Part 1. Agency Identification:
List the agency's name. Provide a designated agency
contact person, their phone number, and e-mail address.
Mark the amendment box if changing any information on
a previously filed form and include the date of the original
filing.
Part 2. Function or Event Information:
Confirm that your agency has a policy for ticket
distribution. Unless the ceremonial role or income box in
Part 3, Section B, is marked, this form is only applicable if
your agency has a policy.
Complete all of the other required fields that identify the
ticket value, description of event, date(s) and whether the
ticket was provided by the agency or an outside source. If
an agency official behests the tickets, the official's name is
also required. Use the comment field or an attachment to
explain in full.
Part 3. Ticket Recipients:
This part identifies who uses the tickets. The identification
requirements vary depending upon who received the
tickets and are categorized into three sections. Each
section must list the number of tickets received. Use the
comment field or an attachment to explain in full.
Section A. Report tickets distributed to agency staff,
other than an elected official or governing board member,
pursuant to the agency's policy. It is not necessary to list
each employee's name, but identify the unit/department for
which the employee works. The agency must describe the
public purpose associated with the ticket distribution. A
reference to the policy is permissible.
Section B. Report: 1) any agency official who performs
a ceremonial role; 2) any agency official who reports the
value as income; or 3) tickets used by elected officials and
governing board members (including those distributed
pursuant to the agency's policy).
Section C. Report tickets provided to an organization.
The organization's name, an address (website url is
permissible), and a brief description of the public purpose
are required.
FPPC Form 802 (2/2016)
FPPC Toll -Free Helpline: 866/ASK-FPPC (866/275-3772)
Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
Continuation Sheet
California Q 02
Form v
A Public Document
Agency Name
3. Recipients
• Use Section A to identify the agency's department or unit. • Use Section B to identify an individual. Use Section C to identify an outside organization.
Number
A. Name of Agency, Department or Unit
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency's policy
B. Name of Individual
(Last, First)
Number
of Ticket(s)/
Passes
Identify one of the following:
Ceremonial Role Other Income
If checking "Ceremonial Role" or "Other" describe below:
Ceremonial Role Other Income
If checking "Ceremonial Role" or "Other" describe below:
Ceremonial Role Other Income
If checking "Ceremonial Role" or "Other" describe below:
Ceremonial Role Other Income
If checking "Ceremonial Role" or "Other" describe below:
Name of Outside Organization
C.
(include address and description)
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency's policy
Print
Clear
FPPC Form 802 (2/2016)
FPPC Toll -Free Helpline: 866/ASK-FPPC (866/275-3772)