HomeMy WebLinkAbout(2009, 06/23) - F-27 - Adopted - official date of A-8 no longer being used is unknownF-27
POLICY AND PROCEDURES FOR CITY
DISTRIBUTION OF TICKETS OR PASSES
BACKGROUND
The Newport Beach City Council, Boards, Commissions and officials are subject to
certain laws and regulations pertaining to gifts. The Fair Political Practices Commission
(“FPPC”) enforces the provisions of the Political Reform Act contained in Government
Code Section 81000 et seq., as well as the regulations contained in Title 2, California
Code of Regulations, Sections 18110 et seq.
PURPOSE
The City strives to provide impartial and high quality services to its residents,
businesses and visitors. The receipt by City officials of gifts or other items of value can
be perceived as attempts to influence City operations and the City wishes to avoid any
appearance of impropriety or favoritism. Additionally, however, City official
attendance at public events is necessary to achieve the goals of governance, both to
promote the policies of the City and to maintain close contact with the citizens and
interest groups within the City. This policy outlines a fair and impartial procedure for
the disposition of tickets or passes by the City in furtherance of a governmental
purpose. It implements the directives of FPPC regulations and establishes procedures
as required by Section 18944.1, for the acceptance and/or distribution of tickets or
passes by the City. This policy also ensures that tickets or passes distributed by the City
are disclosed upon the required FPPC forms.
I. DEFINITIONS
A. Unless otherwise provided herein, words and terms used in this Policy
shall have the same meaning as that contained in the Political Reform Act
of 1974 and the FPPC Regulations, as the same may be from time-to-time
amended.
B. “Beneficial use for official City business” means a use that will further a
legitimate City purpose and assist the City in carrying out its mission,
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programs or goals. Beneficial uses include those governmental purposes
set forth in Section II, Policy Pertaining to Tickets and Passes, below.
Where not specifically listed, beneficial uses are to be determined on a
case-by-case basis.
C. “City Manager” means the City Manager or his/her designee.
D. “City Official” means any City elected official, appointed official, or
person designated in the City’s Conflict of Interest Code.
E. “Gift” means anything of value, including meals, for which the recipient
has not provided equal or greater value in return. A gift includes a rebate
or discount in the price of anything unless the rebate or discount is made
in the regular course of business to members of the public. A gift does not
include de minimis gifts of food or incidental items, such as snacks, pens,
etc., so long as the cumulative value of such gift does not exceed $50 in a
calendar year from any one source. A gift does not include a ticket or pass
subject to Section II, Policy Pertaining to Tickets or Passes, as set forth
below.
F. “In the course of official City duties” means pursuant to a person’s City
job responsibilities, or because of a person’s City position.
G. “Ticket or pass” is defined as the means for admission to a facility, event,
show or performance for an entertainment, amusement, recreational or
similar purpose, if the ticket or pass is either gratuitously provided to the
City by an outside source; purchased by the City; acquired by the City as
consideration for use of a City venue; or acquired and distributed by the
City in any other manner.
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II. POLICY PERTAINING TO TICKETS OR PASSES
A. Public Purpose.
1. Attendance at functions within the City and functions otherwise
relevant to the performance of City business that assist the City in
carrying out its mission, programs or goals are reasonably
necessary for accomplishing the legitimate purposes of City
government. The City actively supports various philanthropic,
cultural, civic, and business development organizations and
programs within the City and throughout Orange County. City
Official attendance at such functions support legitimate public
purposes pursued by the City. Therefore, attendance at all such
functions are considered to accomplish the public purposes of city
governance consistent with state law and specifically with section
18944.1 of Title 2 of the California Code of Regulations.
2. Examples of legitimate public purposes accomplished by the
distribution of tickets or passes pursuant to this policy include, but
are not limited to, the following:
• Promotion of local and regional businesses and economic
development within the City, including conventions,
conferences and annual meetings
• Promotion of City-controlled or sponsored events, activities
or programs;
• Promotion of community programs and resources available
to City residents, including nonprofit organizations and
youth programs;
• Marketing promotions highlighting the achievements of
local residents and businesses;
• Promotion of marketing of private facilities available for City
resident use, including charitable and nonprofit facilities;
• Promotion of public facilities available for City resident use;
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• Promotion of City growth and development, including
economic development and job creation opportunities;
• Promotion of City landmarks and/or community events;
• Promotion of special events in accordance with any City
contract;
• Exchange programs with foreign officials and dignitaries;
• Promotion of City recognition, visibility and/or profile on a
local, state, national or worldwide scale;
• Promotion of open government by City official appearances,
participation and/or availability at business or community
events;
• Sponsorship agreements involving private events where the
City specifically 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;
• All written contracts where the City, as a form of
consideration, has required that a certain number of tickets
or passes be made available for its use
• Employment retention programs;
• Special outreach or support programs for active military,
veterans, teachers, emergency services, medical personnel
and other civil service occupations;
• Charitable 501(c)(3) fundraisers for the purpose of
networking with other community and civic leaders or; and
• Any purpose similar to above included in any City contract.
3. If a particular event for which tickets or passes are distributed by
the City does not fall under one of the above express categories, it
shall be considered to fulfill the public purposes of this policy if it
achieves the general policy set out in Section 1. above as
determined on a case-by-case basis.
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B. Distribution of Tickets or Passes by the City.
1. Where a ticket or pass is received by the City from an outside
source for distribution to City Officials, the distribution of the ticket
or pass shall be made consistent with this policy.
2. Tickets or passes shall be distributed under this policy at the sole
discretion of the City pursuant to this policy. Tickets or passes may
not under any circumstances be earmarked for distribution by any
outside source.
3. A ticket or pass may only be distributed by the City under this
policy if it serves a public purpose as defined above. If the ticket or
pass does not serve a public purpose it shall be returned to its
source or shall be given to a non-profit organization that is active
within the City. The City Manager shall make the necessary
determinations under this policy.
4. The City shall use the following procedure for distributing tickets
or passes consistent with this policy:
a. Once received, the tickets or passes shall be offered to the
Mayor and Members of the City Council for a brief window
of opportunity as determined in relation to the timing of the
event.
b. After that brief window of opportunity has lapsed, any
remaining tickets or passes shall be offered to the relevant
board or commission membership that are involved in the
program or event being promoted during a second brief
window of opportunity.
c. Once that second brief window of opportunity has lapsed,
any remaining tickets or passes shall be offered to
department heads during a third brief window of
opportunity.
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d. Once that third brief window of opportunity has lapsed, any
remaining tickets or passes shall be offered to all city
employees on a first-come first-serve basis.
e. Any tickets or passes that remain shall be returned to the
source of the tickets or passes or distributed to a 501(c)(3)
non-profit, charitable organization that does business within
the City.
C. Responsibilities of City Manager and City Clerk.
1. The City Manager shall manage the receipt, distribution and
accounting for all tickets or passes subject to this Policy.
2. Upon distribution of a ticket or pass pursuant to this Policy, the
City Manager shall either complete FPPC Form 802, Tickets
Provided by Agency Report, or provide sufficient information to
the City Clerk so that the Clerk may complete the form.
3. No later than thirty (30) calendar days from the distribution of the
ticket or pass or approval of this policy, which-ever date last
occurs, the City Clerk, shall post the FPPC Form 802 on the City
website.
4. The City Clerk shall maintain a completed Form 802 for not less
than four (4) years, or other period as specified in any applicable
FPPC Regulation.
5. The City Clerk shall cause this Policy to be posted on the City
website as soon as reasonably possible after its adoption and shall
see to it that the most current version of this Policy is in a
prominent fashion on the City website as soon as reasonably
possible.
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D. Other Provisions.
1. A City official may return any ticket or pass unused to the City
Manager for redistribution pursuant to this Policy.
2. Only a City Council Member and the City Manager may request
distribution of a ticket or pass to a particular person and such
distribution must accomplish a public purpose set forth in
Section II.A. All other recipients shall be determined by the City
Manager pursuant to procedures established by this Policy.
E. Restrictions.
Tickets or passes distributed to a City Official pursuant to this Policy shall
not be:
1. Transferred to any other person, except to the City Official’s spouse
or dependent children, solely for their personal use; or
2. Sold or exchanged for any consideration.
F. Tickets or Passes Distributed Pursuant to this Policy Not Reportable on
FPPC Form 700.
If a ticket or pass is distributed pursuant to this Policy, it shall not be
considered a gift to the recipient and shall not be reportable as a gift on
FPPC Form 700.
Adopted - June 23, 2009
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