RESOLUTION NO. __ -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLEASANT HILL 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
WHEREAS, every California city by and through its governing body and other public officials, is empowered to exercise all powers necessary or appropriate to a municipal corporation for the general welfare of its inhabitants, which are not prohibited by the California Constitution; and
WHEREAS, from time to time, the City of Pleasant Hill receives "tickets or passes" from third party sources, both public and private; and
WHEREAS, under Title 2 of the California Code of Regulations, Section 18944.1 ("Section 18944.1") these tickets and/or passes are defined as an admission to a facility, event, show or performance for an entertainment, amusement, recreational, civic or similar purpose; and
WHEREAS, the City continues to find that the receipt of all such tickets and/or passes are public resources; and
WHEREAS, the City desires to distribute these public resources in a manner that furthers the City's governmental and public purposes as reasonably described herein, such as the promotion of local businesses, community resources, programs and facilities; and WHEREAS, the Fair Political Practices Commission ("FPPC") continues to recognize the discretion of the legislative or governing body of an agency to determine whether the distribution of tickets and/or passes serves a legitimate public purpose of the City, provided that the determination is consistent with state law; and WHEREAS, according to Section 18944.1 these tickets and/or passes are not gifts to public officials if the City distributes these tickets and/or passes in accordance with a duly adopted written policy, when distributed under Section 18944.1, subdivision (b); and WHEREAS, the City accordingly desires to adopt a "Policy and Procedure on the Distribution, Use and Reporting of Tickets and Passes Distributed by the City under FPPC Regulation 18944.1.”
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill, hereby adopts the following policy, attached hereto and made a part hereof by this reference:
“POLICY AND PROCEDURE ON THE DISTRIBUTION, USE AND REPORTING OF
TICKETS AND PASSES DISTRIBUTED BY THE CITY UNDER FPPC
REGULATION 18944.1”
SECTION 1. Purpose of Policy. The purpose of this policy is to ensure that all tickets and/or passes provided to the City shall be distributed in furtherance of governmental and/or public purposes as required under Section 18944.1.
SECTION 2. Limitation. This policy shall only apply to the City's distribution of tickets and/or passes 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. Consideration of equal or greater value shall be presumed if the tickets and/or passes are distributed pursuant to this policy. Notwithstanding, if the official treats a ticket or pass as income consistent with applicable state and federal income tax laws, the ticket or pass shall not be subject to this policy so long as the City reports the distribution of the ticket or pass to the official on the FPPC Form 802.
SECTION 3. Compliance with Policy. All distributions, uses of, and reporting of tickets and passes by the City shall be done in accordance with the duly adopted policy, which may be amended from time to time to ensure continued legal compliance.
SECTION 4. Effective Date. This Resolution shall take effect on the date of its adoption.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 16th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk