CITY COUNCIL STAFF REPORT
Meeting Date: October 16, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. __ -23 ADOPTING A CITY POLICY
REGARDING THE RECEIPT AND DISTRIBUTION OF TICKETS
AND/OR PASSES IN THE FURTHERANCE OF THE CITY'S
REASONABLY DEFINED PUBLIC PURPOSES
SYNOPSIS
The purpose of this item is for the City Council to review and adopt a policy governing the City’s distribution, use, and reporting of tickets and passes, as those terms are defined by the Fair Political Practices Commission (FPPC). This policy will ensure the City is in compliance with FPPC Regulation 18944.1 and that the City handles all requests for tickets and passes fairly and objectively.
Background
FPPC Regulation 18944.1 creates an exception to the definition of gift for tickets or passes to entertainment, sports or other similar events that are donated to an agency and distributed to public officials for use for official public business as long as the agency complies with specified requirements.
Regulation 18944.1 requires an agency to:
1. Adopt a distribution policy setting minimum provisions required under Regulation 18944.1;
2. Post a copy of the policy on the City’s website and email a link to the FPPC for posting;
3. Ensure the ticket/pass is used for a stated governmental purpose;
4. Complete Form 802 for each distribution and retain Form 802 as a public record under the Political Reform Act; and
5. Post a copy of each Form 802 on the City’s website, and email a link to the FPPC for posting.
Analysis
Over the past several years, the FPPC has revised and amended Regulations 18942, 18944, 18944.1, 18946, and 18946.1 in an effort to provide clarification of the definitions and valuation of tickets and passes, and update the requirements for agency ticket distribution policies in an effort to limit misuse of resources and the potential for abuse of these policies.
The FPPC Regulations were amended to provide clarification on when a City Official is exempted from reporting certain tickets and passes on a Form 700 or as additional income, and to include certain revisions affecting the requirements of agency ticket distribution policies to:
1. Declare the City Manager has the authority to establish procedures for ticket distribution in accordance with the adopted policy.
2. Allow the City Manager to select him/herself to use certain tickets that are for the general use by agency officials.
3. Require the City to post its distribution policy and any amendments on the City’s website within 30 days of adoption or amendment and send a link to the website displaying the policy to the FPPC for additional posting.
4. Require the City to post all Form 802s to its website within 45 days after distribution and email the website link displaying Form 802s to the FPPC for additional posting.
5. Require the City to maintain Form 802 as a public record for inspection and copying under Government Code section 81001(a). (Form 802s are each to be kept for seven years by the City.)
6. Change the term of “face value” to “fair value,” as defined, in order to clarify and assist in valuing tickets or passes.
7. Allow the transfer of tickets by an official to one guest for attending the event, as well as to the official’s immediate family.
8. Prohibit any person receiving a ticket under the policy from reselling or receiving compensation for the value of the ticket.
9. Prohibit an outside source from earmarking any ticket from that outside source for a particular official.
10. Require the City to report on Form 802 tickets provided for officials to represent the City and perform a ceremonial role.
11. For tickets distributed to a department or other City unit, or to an organization outside the City, and not used by a member of the City Council, political appointee, department head or the City Manager, the report may name the department or organization with the number of tickets received, in lieu of naming individual employees or individuals of the organization.
12. The provisions of the Policy apply only to benefits a City Official receives that are provided to all members of the public with the same class ticket.
13. Prohibit disproportionate use of tickets by members of the City Council, City Manager or department heads.
14. Require City Officials to submit a written report of findings and recommendations when a ticket is distributed for purposes of oversight or inspection of facilities.
The policy contains a list of public purposes for the distribution of such tickets or passes to both comply with the law and ensure the City’s needs are met.
Based on the foregoing, and on the matters recited in more detail in the Resolution itself, staff requests that the City Council adopt a Resolution approving the proposed Policy and Procedure on the Distribution, Use and Reporting of Tickets and Passes Distributed by the City under FPPC Regulation 18944.1.
FISCAL IMPACT
No fiscal impacts are anticipated at this time.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or to activities otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines §§ 15060(c)(3) and 15378. Adoption of this ticket policy meets those criteria and is not subject to environmental review under CEQA. Moreover, adoption of the policy merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, § 15378(b)(5).)
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff is requesting that the City Council adopt the proposed resolution approving a Policy and Procedure on the Distribution, Use and Reporting of Tickets and Passes Distributed by the City under FPPC Regulation 18944.1.
ATTACHMENTS:
1. Proposed Resolution
2. Policy and Procedure on the Distribution, Use and Reporting of Tickets and Passes Distributed by the City under FPPC Regulation 18944.1
Prepared by: Anne Branham, Assistant City Attorney
Approved by: Ethan Bindernagel, City Manager