HomeMy WebLinkAbout(2015, 05/12) - F-27 - AmendedF-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, 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.
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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 persons City job
responsibilities, or because of a persons 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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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.
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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;
• 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.
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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.
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.
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.
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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.
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.
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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 members of the official's
immediate family or no more than one guest solely for their attendance at
the event; 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.
History
Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards)
Reaffirmed A-8 - 02-14-1972
Amended A-8 -12-10-1973
Amended A-8 -11-11-1974
Amended A-8 - 02-23-1981
Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use)
Amended F-27 - 05-12-2015
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