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HomeMy WebLinkAboutResolution No. 09-C0570 0 RESOLUTION NO. 09-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING A DISTRIBUTION POLICY FOR TICKETS IN THE FURTHERANCE OF THE CITY'S REASONABLY DEFINED PUBLIC PURPOSES WHEREAS, from time to time, the City of Azusa ("City") 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, or similar purpose; and WHEREAS, the City finds that the receipt of all such discounted, free or purchased tickets and/or passes are public resources; and WHEREAS, on December 11, 2008, the Fair Political Practices Commission ("FPPC") adopted new regulations that set up the circumstances under which the receipt of tickets and passes. by a public official would need to disclosed by the City and the circumstances under which they would be distributed to public officials and not trigger disclosure requirements on the public official's Statement of Economic Interests ("Form 700"); 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 City events affecting or involving the City; and WHEREAS, according to Section 18944.1 these tickets and/or passes are not gifts to "public officials" if these tickets and/or passes are disseminated in accordance with a duly adopted written policy written in compliance with Section 18944.1, subdivision (b)(2); 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 the City, provided that the determination is consistent with state law. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Policy Adoption. The City Council hereby adopts the Ticket Distribution Policy attached hereto and incorporated herein as Exhibit A. Section 2. Effective Date. This Resolution shall become effective upon its adoption. ORANC NSTUBBS\57900:1 0 RESOLUTION NO. 09-057 PAGE 2 0 PASSED, APPROVED AND ADOPTED this 7h day of July, 2009. ATTEST:. VERA MENDOZA, CITY CLERK CITY OF AZUSA STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) OSEPH R. ROCHA, MAYOR CITY OF AZUSA I, VERA MENDOZA, City Clerk of the City of Azusa, California, DO HEREBY CERTIFY that the foregoing Resolution No. 09-057 was adopted at a regular meeting of the City Council of the City of Azusa held on the 7`h day of July, 2009, and was carried by the following roll call vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE VERA MENDOZA, CITY CITY OF AZUSA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP CITY ATTORNEY ORANGE\NSTUBBS\57900.1 2 0 RESOLUTION NO. 09-057 PAGE 3 EXHIBIT A CITY OF AZUSA TICKET DISTRIBUTION POLICY 1.0 Purpose of Policy. 1.1 The purpose of this Policy is to ensure that all Tickets the City receives from public and private entities and individuals are distributed in furtherance of governmental and/or public purposes. 2.0 Application of Policy. 2.1 Types of Tickets: This Policy applies to Tickets which provide admission to or use of a facility or event for an entertainment, amusement, recreational or similar purpose, and are either: a) gratuitously provided to the City by an outside source; b) acquired by the City by purchase; c) acquired by the City as consideration pursuant to the terms of a contract for the use of a city venue; or d) acquired and distributed by the City in any other manner. 2.2 Policy Applicable to Tickets Only: This Policy shall only apply to the City's distribution of Tickets to, or at the behest of, a City Official. This Policy does not apply to any other item of value provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided. 2.3 This Policy, together with the procedures established pursuant to Section 4.4 below, shall supersede and replace any prior City policy governing Tickets to which this Policy applies. 3.0 Definitions. Unless otherwise expressly provided herein, words and terms used in this Policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may from time to time be amended) and the Fair Political Practices Commission ("FPPC") Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as the same may from time to time be amended). ORANGE\NSTUBBS\57900.1 3 0 RESOLUTION NO. 09-057 PAGE 4 0 3.1 "City" or "City of Azusa" shall mean and include the City of Azusa, the Azusa Redevelopment Agency, any other affiliated agency created or activated by the Azusa City Council, and any departments, boards and commissions thereof. 3.2 "City Official" shall mean and refer to the City's "public officials," as that term is defined by Government Code Section 82048 and FPPC Regulation 18701. Such term shall include, without limitation, any City board, commission, or committee member or other appointed official or employee required to file an annual Statement of Economic Interests (FPPC Form 700). 3.3 "FPPC" shall mean and refer to the California Fair Political Practices Commission. 3.4 "Immediate family" shall mean and refer to the spouse and dependent children. 3.5 "Policy" shall mean and refer to this Ticket Distribution Policy. 3.6 "Ticket" shall mean and refer to a "ticket or pass" as that term is defined in FPPC Regulation 18944.1, as amended from time to time, but which currently defines a "ticket or pass" as admission privilege to a facility, event, show or performance for an entertainment, amusement, recreational, or similar purpose. 4.0 General Provisions; 4.1 No Right to Tickets: The use of complimentary Tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended. 4.2 Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant to this Policy shall not be transferred to any other person, except to members of such City Official's immediate family solely for their personal use. 4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this policy shall sell or receive reimbursement for the value of such Ticket. 4.4 Implementation of Policy: The City Manager shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets in accordance with this Policy. All requests for Tickets which fall within the scope of this Policy shall be made in accordance with the procedures established by the City Manager. 4.5 Designation of Agency Head: The City Manager or his/her designee shall be the "Agency Head" for purposes of implementing the provisions of this Policy and completing and posting the FPPC California Form 802. ORANGE\NSTU BBS\.57900.1 4 0 RESOLUTION NO. 09-057 PAGE 5 0 4.6 No Earmarking of Ticket to City: No Ticket gratuitously provided to the City by an outside source and distributed to, or at the behest of, a City Official pursuant to this Policy shall be earmarked by the original source for provision to a particular City Official. 5.0 Conditions Under Which Tickets May be Distributed. Subject to the provisions of this Policy, complimentary Tickets may be distributed to City Officials under the following conditions: 5.1 The City Official reimburses the City for the face value of the Ticket(s). 5.2 The City Official treats the Ticket(s) as income consistent with applicable federal and state income tax laws. 5.3 The distribution of the Ticket(s) to, or at the behest of, the City Official accomplishes a governmental and/or public purpose. The following list of governmental and/or public purposes the City may accomplish through the distribution of Tickets is illustrative rather than exhaustive: a) Facilitating the performance of a ceremonial role or function by a City Official on behalf of the City at an event. b) Facilitating the attendance of a City Official at an event where the job duties of the City Official require his or her attendance at the event. c) Promotion of intergovernmental relations and/or cooperation and coordination of resources with other governmental agencies, including, but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests. d) Promotion of City resources and/or facilities available to Azusa residents. e) Promotion of City -run, sponsored or supported community programs or events. f) Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting Azusa residents. ORANGE\NSTUB BS\57900.1 5 RESOLUTION NO. 09-057 PAGE 6 g) Promotion of business activity, development, and/or redevelopment within the City. h) Promotion of City -owned businesses. i) Promotion of City tourism on a local, state, national or worldwide scale. j) Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale. k) Promotion of open government by City official appearances, participation and/or availability at business and/or community events. 1) Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within the City. m) Attracting or rewarding volunteer public service. n) Encouraging or rewarding significant academic, athletic, or public service achievements by Azusa students, residents or businesses. o) Attracting and retaining highly qualified employees in the City service. p) Recognizing or rewarding meritorious service by a City employee. q) Promoting enhanced City employee performance or morale. r) Recognizing contributions made to the City by former City Council Members or City employees. 6.0 Disclosure Requirements. 6.1 This Policy shall be posted on the City website in a prominent fashion. 6.2 Tickets distributed by the City to any City Official either i) which the City Official treats as income pursuant to Section 5.2 above, or ii) for one or more public purposes described in Section 5.3 above, shall be posted on the City website in a prominent fashion, within thirty (30) days after distribution. Such posting shall ORANGEW STUBBS\57900.1 6 0 0 RESOLUTION NO. 09-057 PAGE 7 incorporate the use of FPPC California Form 802, attached to and incorporated in this Policy as Exhibit 1, or such alternative form(s) as may from time to time be designated by the FPPC. 6.3 Tickets distributed by the City for which the City receives reimbursement from the City Official as provided under Section 5.1 above shall not be subject to the disclosure provisions of Section 6.2. ORANGEW STUB BSl57900.1 RESOLUTION NO. 09-057 PAGE 8 EXHIBIT 1 CALIFORNIA FORM 802 [Attached] ORANGE\N STUBBS\57900.1 Tickets Provided by • • TICKETS PROVIDED BY A Public Document TICK Agency Report AGENCY REPORT 1. Agency Name Date stamp or Region (if applicable) I I For Official Use 2. Event For Which Tickets Were Distributed Date(s) of Event: Description of Event: Face Value of Ticket: $ Agency Event ❑ Yes ❑ No (Identify source of tickets below.) Name of Outside Source of Ticket(s) Provided to Agency: Number of Tickets Received: ❑ Amendment (Must explain in Part 5.) Date of Original Filing: (month, day, year) Ticket(s) Provided to Agency: []Gratuitously ❑ Pursuant to Contract 3. Agency Official(s) Receiving Ticket(s) (use a continuation sheet for additional names) 4. Individual or Organization Receiving Ticket(s) (Provided at the behest of an agency official.) Name of Behesting Agency Official: Name of Individual or Organization: Description of Organization: Number of Tickets: Address of Organization:' Number and Street City State Zip Code Purpose for Distribution: (Describe the public purpose for the distribution to the organization.) 5. Verification I have determined that the distribution of tickets set forth above is in accordance with the provisions -of FPPC Regulation 18944.1. Signature of Agency Head or Designee Print Name Title (month, day, year) Comment: (Use this space or an attachment for any additional information including amendment explanation.) FPPC Form 802 (Feb/09) FPPC Toll -Free Helpline: 866/ASK-FPPC (8661275-3772) Tickets Provided by Agency Report A Public Document This form is for use by all state and local government agencies to disclose the distribution of tickets or passes that allow admission to facilities, events, shows, or performances for entertainment, amusement, recreational, or similar purposes. The agency must complete Form 802 identifying agency officials who receive tickets or passes from the agency as well as other individuals and organizations that receive tickets or passes at the behest of agency officials. Form 802 must be posted in a prominent fashion on the agency's website. Gifts of Tickets or Passes to Public Officials FPPC Regulation 18944.1 sets out the circumstances under which an agency's distribution of tickets or passes to or at the behest of an official in the agency does not result in a gift to the official. (Regulation 18944.1 is available on the FPPC website at www.fppc.ca.gov.) Even though the distribution of tickets or passes to a public official under the regulation is not a gift to the official, the agency must disclose the distribution on Form 802. The official does not have to disclose tickets or passes received or distributed under the regulation on his or her Statement of Economic Interests (Form 700), but tickets or passes received or distributed by the official that do not fall under the regulation may be subject to disclosure on the official's Form 700 and subject to gift limits. Posting Form 802 The Form 802 must be posted on the agency's website within 30 days after the distribution. If the agency does not maintain a website, the form must be maintained by the agency as a public record, be available for public inspection and copying, and be forwarded to the FPPC for posting on its website. Part 1. Agency Identification List the agency's name, address and the name of an agency contact. Mark the amendment box if changing any information on a previously filed form and include the date of the original fling. Part 2. Event For Which Tickets Were Distributed Provide the date(s) of the event, a description of the event, and the face value (i.e. the cost to the public) of the ticket or pass. Check the box indicating whether the event was an "agency event" (such as a county fair, or an event for which the agency purchased tickets). If the agency received the tickets from an outside source, identify the source, the number of tickets received, and check the box to identify whether the tickets or passes were provided to the agency: Gratuitously; or Pursuant to a contract. Part 3. Agency Official(s) Receiving Ticket(s) Disclose the name of each agency official that received a ticket or pass and the number of tickets or passes the official received. Also state whether the distribution is income to the official or describe the public purpose for which the official received the tickets or passes. Part 4. Individual or Organization Receiving Ticket(s) If tickets or passes were distributed to an individual or organization outside the agency, at the behest of an official of the agency, provide the name of the official. Disclose the name(s) of the individuals(s) who received the tickets or passes and the number of tickets or passes provided. If the tickets or passes were provided to an organization, the agency may post the name, address, a description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the name of each individual that received a ticket or pass. Also, describe the public purpose for the distribution to the individual or organization. Part 5. Verification The agency head or his or her designee must sign the form. Privacy Information Notice Information requested on all FPPC forms is used by the FPPC to administer and enforce the Political Reform Act (Government Code Sections 81000-91014 and California Code of Regulations Sections 18109-18997). All information required by these forms is mandated by the Political Reform Act. Failure to provide all of the information required by the Act is a violation subject to administrative, criminal, or civil prosecution. All reports and statements provided are public records open for public inspection and reproduction. If you have any questions regarding this Privacy Act Notice, please contact the FPPC. General Counsel Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (916)322-5660 FPPC Form 802 (Feb/09) FPPC Toll -Free Helpline: 866/ASK-FPPC (8661275-3772)