RESOLUTION NO. 2023-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING AN UPDATED TICKETS AND PASSES DISTRIBUTION POLICY TO CONFORM WITH REGULATIONS AS AMENDED BY THE FAIR POLITICAL PRACTICES COMMISSION WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted Regulation 18944.1 establishing rules by which tickets distributed by local government agencies to government officials will not constitute reportable gifts under the Political Reform Act (Gov. Code § 81000, et seq.). Regulation 18944.1 defines the circumstances under which the receipt of tickets and passes by a public official would need to be disclosed by City and the circumstances in which they would be distributed to public officials and not require disclosure for the purposes of the public official’s Statement of Economic Interests (“Form 700”); and WHEREAS, Regulation 18944.1 requires that local government agencies adopt a written policy governing distribution of tickets to local government officials in order that receipt of tickets will not necessarily be treated as reportable gifts; and WHEREAS, from time to time, City may purchase or receive tickets or passes from third party sources, either public or private, and finds that the receipt of all such purchased, discounted, or free tickets and/or passes are public resources, and City desires to distribute these public resources in a manner that furthers City’s governmental and public purposes as reasonably described in the attached ticket and pass distribution policy; and WHEREAS, the FPPC has clearly stated that it recognizes 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 City, provided that the determination is consistent with applicable law; and WHEREAS, in order to comply with Regulation 18944.1, City desires to adopt the attached Tickets and Passes Distribution Policy to govern the distribution of tickets and passes by City to its officials, officers, employees, and covered consultants.
NOW, THEREFORE, the City Council of the City of Pomona, California does hereby find, order, and resolve as follows:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The Tickets and Passes Distribution Policy attached hereto as Exhibit A is incorporated as though fully set forth herein, and is hereby adopted as the official Tickets and Passes Distribution Policy of City. City shall distribute tickets and passes to designated City officials in accordance with the requirements and procedures set forth in the Tickets and Passes Distribution Policy and with applicable law.
SECTION 3. The City Manager or their designee are authorized to perform any and all acts necessary to give effect to and comply with the terms and intent of the Tickets and Passes Distribution Policy. The City Manager or designee shall be responsible for the administration of the distribution of tickets and passes pursuant to the Tickets and Passes Distribution Policy.
SECTION 4. If any provision of this resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any particular portion thereof.
SECTION 5. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2023.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on April 17, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Diana Robles
Deputy City Clerk
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ATTACHMENT NO. 1