CITY OF POMONA
COUNCIL REPORT
April 17, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, MMC, City Clerk
SUBJECT: ADOPTION OF A RESOLUTION UPDATING THE TICKETS AND PASSES DISTRIBUTION POLICY to Conform with RegulationS as Amended by the Fair Political Practices Commission RECOMMENDATION:
It is recommended that the City Council adopt the following resolution (Attachment No. 1):
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 EXECUTIVE SUMMARY:
Since the City Council’s adoption of the current “Tickets and Passes Distribution Policy” (“Policy”) on May 4, 2009, pursuant to the provisions of the California Fair Political Practices Commission (“F.P.P.C.”) Regulation (“Regulation”) 18944.1, the F.P.P.C. has since amended this Regulation to update and include new provisions. Although the City has been operating in a manner consistent with the changed provisions, the City should amend its ticket policy to bring it in line with the current regulations and best practices for the City.
FISCAL IMPACT:
There is no fiscal impact to this item.
DISCUSSION:
F.P.P.C. Regulation 18944.1 creates an exception to the definition of gift for tickets or passes to entertainment, sports or other similar events which 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:
Adopt a distribution policy setting minimum provisions required under Regulation 18944.1; Post a copy of the policy on the City’s website and email a link to the F.P.P.C. for posting; Ensure the ticket/pass is used for a stated governmental purpose; Complete Form 802 for each distribution and retain Form 802 as a public record under the Political Reform Act; and Post a copy of each Form 802 on the City’s website and email a link to the F.P.P.C. for posting.
In the past few years, the F.P.P.C. has revised 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 revise the requirements for agency ticket distribution policies in an effort to limit misuse of resources and the potential to abuse these policies.
These Regulations were amended to provide clarification as to 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, including the following:
Require the agency to post its distribution policy and any amendments on the agency’s website within 30 days of adoption or amendment and send a link to the website displaying the policy to the F.P.P.C. for additional posting.
Require the agency to post all Form 802s to its website within 45 days after distribution and email the website link displaying Form 802s to the F.P.P.C. for additional posting.
Provide that 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.
Provide that the provisions of the Policy apply only to benefits an official receives that are provided to all members of the public with the same class ticket.
Prohibit disproportionate use of tickets by members of the governing body, chief administrative officer or department heads.
Require Officials to submit a written report of findings and recommendations when a ticket is distributed for purposes of oversight or inspection of facilities.
In addition, staff recommends updating the Policy (Attachment No. 2) to specifically address the tickets to the annual Los Angeles County Fair.
Prepared by: City Attorney’s Office
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2023-63
Attachment No. 2 – City of Pomona Tickets and Passes Distribution Policy (Exhibit A to Resolution No. 2023-63)
Amendment to Tickets and Passes Distribution Policy