Subject:
GIFT(S) OF TICKETS AND/OR PASSES
Page
1 of 4
Section 20-37
Effective Date July 23, 2024
Issued Date July 23, 2024
Resolution Number: Approval Date: July 23, 2024
PURPOSE
The purpose of this policy is to ensure that all tickets and/or passes to attend a facility, event, show, or performance for entertainment, amusement, recreational, or similar purposes, made available to or for the City, are distributed in furtherance of governmental and/or public purposes as required under Fair Political Practices Commission (“FPPC”) Regulation 18944.1.
GENERAL POLICY
The City finds that the receipt of all such discounted, free, or purchased tickets and/or passes are public resources. The City hereby desires to distribute these public resources in a manner that furthers its governmental and public purposes as reasonably described herein, such as the promotion of local businesses, community resources, programs, and facilities.
PROVISIONS
Limitations: This Policy shall be subject to the following limitations:
This Policy shall only apply to the City’s distribution of tickets and/or passes to, or at the behest of, a public official for which no consideration of equal or greater value is provided by the public official.
Consideration of equal or greater value shall be presumed if the tickets and/or passes are distributed pursuant to this policy.
Unless exempted otherwise under state law, any ticket and/or pass received or directed for use by a City official not in conformance with this policy remains subject to separate disclosure requirements and the annual gift limit.
This policy does not generally apply to political or nonprofit fundraisers which are governed under a separate policy.
Tickets and/or passes to events that primarily provide informational material and is provided to assist the City official in the performance of his or her official duties or that of his or her elected office being sought is also not generally subject to this policy. As any event becomes more entertainment oriented, this policy as well as the City Attorney’s office should be consulted.
Subject:
GIFT(S) OF TICKETS AND/OR PASSES
Page
2 of 4
Section 20-37
Effective Date July 23, 2024
Issued Date July 23, 2024
Resolution Number: Approval Date: July 23, 2024
Exception: Tickets provided to public officials as part of their official duties, or tickets provided so that the public official may perform a ceremonial role or function on behalf of the City shall not be subject to this Tickets and/or Passes Distribution Policy. These tickets are exempt from any disclosure or reporting requirements.
Definitions:
City Officials: City officials shall mean all public officials and those employees as that term is defined by Government Code 820458 and FPPC Regulation 18701.
Tickets/Passes: Tickets and passes are defined as an admission to a facility, event, show, or performance for entertainment, amusement, recreational, or similar purposes. (FPPC Regulation 18944.1).
Authorized Agent. The City Manager or his designee shall be responsible for managing all donations of tickets and/or passes and for the accounting and inventory of all donated tickets and/or passes. In such case, where the City Manager desires to obtain a ticket or pass, the City Council authorizes the City Manager to exercise the City’s sole discretion in determining whether the City Manager’s use or behest of tickets and/or passes is in accordance with the terms of this policy.
Solicitation of Tickets and/or Passes. The City Manager may authorize City staff to approach companies or organizations to request donation of tickets and/or passes to facilitate the achievement of the governmental and public purposes described below.
Public Purposes. The City shall only provide a ticket and/or to at the request of a public official, under any of the following City Public and governmental purposes:
Promotion of local and regional businesses, economic development and tourism activities within The City, including conventions and conferences.
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.
Subject:
GIFT(S) OF TICKETS AND/OR PASSES
Page
3 of 4
Section 20-37
Effective Date July 23, 2024
Issued Date July 23, 2024
Resolution Number: Approval Date: July 23, 2024
Promotion and marketing of private facilities available for City resident use, including charitable and nonprofit facilities.
Promotion of public facilities available for City residents and other public use.
Promotion of City growth and development, including economic development, and job creation opportunities.
Promotion of any event held at certain City landmarks such as Stage Red, and any other event that is subject to a City sponsorship agreement.
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 public 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, public officials, residents, and their guests.
All written contracts where the City as a form of consideration has required that a certain number of tickets or suites be made available for its use.
Employment retention programs.
Special outreach programs for 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.
Spouses of or immediate dependents of public officials in order to accompany him or her to any of the events listed above.
Subject:
GIFT(S) OF TICKETS AND/OR PASSES
Page
4 of 4
Section 20-37
Effective Date July 23, 2024
Issued Date July 23, 2024
Resolution Number: Approval Date: July 23, 2024
Any purpose similar to above included in any City contract.
Unused Tickets. Any City official or any member of the City official’s immediate family may return any ticket unused to City for redistribution pursuant to this policy. Government Code Section 82029 has defined immediate family to mean spouse and dependent children. Under no reasons, may either the City official or a member of his or her immediate family sell or further transfer any ticket and/or pass provided under this policy.
Transfer Restriction. The transfer by any City official of any tickets and/or passes distributed pursuant to this policy to any other person, except to members of the City official’s immediate family for their personal use, is prohibited.
Posting. The distribution of tickets or passes pursuant to this policy shall be posted on City’s website in a prominent fashion within 30 days after the ticket distribution and shall include all the information as required under Section 18944.1. Any such posting shall use FPPC Form 802 or such alternative form as may be approved or amended form time to time.
Form 802. This policy shall be posted on City’s website in a prominent fashion. These forms shall be posted for 12 months and may be removed at the City’s discretion anytime thereafter.
Stage Red. Tickets and/or passes received under the Operating Agreement between the City of Fontana and ASM Global, LLC are subject to this policy. However, the City desires that such tickets and/or passes be distributed in the following manner:
Each member of the City Council and the City Manager shall receive two (2) tickets and/or tickets and/or passes per event, for use by them and one (1) member of his or her immediate family. The Council Members and City Manager must return any unused ticket(s) to the City Manager. Government Code Section 82029 has defined immediate family to meal spouse and dependent children.
The City Manager shall distribute any remaining tickets to City employees, local business people, economic development prospects, City Commissions, members of other governmental entities, or third parties only in accordance with this policy.
New PolicyFile in City Administrative ManualNew PolicyFile in City Administrative ManualDistribution: All EmployeesDistribution: All Employees New Policy
File in City Administrative Manual
New Policy
File in City Administrative Manual
Distribution: All Employees
Distribution: All Employees
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