HomeMy WebLinkAboutResolution 2011-008 RESOLUTION NO 2011-008
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
ESTABLISHING A POLICY GOVERNING THE RECEIPT AND
DISTRIBUTION OF TICKETS AND/OR PASSES
WHEREAS, Title 2, Section 18944 1 of the California Code of Regulations defines
tickets and passes as an admission to a facility, event, show or performance for an entertainment,
amusement, recreational, or similar purpose, and,
WHEREAS, the City of Atascadero receives tickets or passes for events from third party
sources, both public and private, and,
WHEREAS, the City occasionally purchases tickets or passes to events of local
significance for distribution to City Officials, and,
WHEREAS, the City desires to distribute these tickets or passes in a manner that
furthers the City's governmental and public purposes, such as the promotion of City events
affecting or involving the City; and,
WHEREAS, the Fair Political Practices Commission (FPPC) regulates complimentary
tickets or passes distributed to government officials and employees by their agency; and,
rrr WHEREAS, the FPPC has amended Section 189441 of the California Code of
Regulations, in order to establish whether or not a ticket or pass that provides admission to a
facility, event, show, or performance for an entertainment, amusement, recreational, or similar
purpose constitutes a gift under Government Code Section 82028 when the ticket or pass is given
by the City to a City employee or official, and,
WHEREAS, the California Code of Regulations Section 18944 1 now requires City
Councils to adopt a written policy governing the distribution of complimentary tickets and passes
that includes a statement describing the public purpose to be accomplished by such policy
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero,
California, does hereby adopt this Resolution establishing a Ticket Distribution Policy This
Resolution shall take effect and be in force on the date of its adoption.
The City of Atascadero hereby finds,determines and declares as follows
A. Purpose of Policy-
The purpose of this Policy is to ensure that all tickets or passes (Tickets) provided to the City
shall be distributed in furtherance of governmental and/or public purposes, in accordance with
the California Fair Political Practices Committee (FPPC) Regulation 18944 1
City of Atascadero
Resolution No. 2011-008
Page 2 of 4
.r B. General Policy
This Policy governs the receipt and distribution of complimentary Tickets received by the City to
a facility, event, show or performance for entertainment, amusement, recreational or similar
purposes Tickets may be acquired by the City as follows.
• Gratuitously provided to the City by an outside source,
• Purchased,
• As consideration pursuant to the terms of a contract, or
• Any other manner
This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as they
now exist or hereafter may be added or amended, including definitions.
Provisions.
1 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 and the California Fair Political Practices Commission
Regulations, as the same may from time to time be amended.
2. 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.
3 Limitations.
a. This Policy shall only apply to the City's distribution of Tickets to a Designated Official.
A Designated Official is any officer or employee who is designated in a Conflict of
Interest Code because their position entails the making or participation in the making of
decisions which may foreseeably have a material effect on any financial interest within
the City Designated Officials also are required to file FPPC Form 700's annually
b Tickets provided as part of an Official's duties, or tickets provided so that the Official
may perform a ceremonial role or function on behalf of the City, shall not be subject to
this Policy
c No Official who receives a Ticket pursuant to this Policy shall sell or receive
reimbursement for the value of the Ticket.
d. No Official receiving a Ticket pursuant to this Policy shall transfer the Ticket to any
other person, except to members of the Official's immediate family solely for their
personal use
e No Ticket provided to the City by an outside source, and distributed to a City Official
pursuant to this Policy, shall be earmarked by the original source for provision to a
particular City Official
�rrr
City of Atascadero
Resolution No. 2011-008
Page 3 of 4
4 Implementation of Policy The City Manager, or his/her designee, shall have the authority to
establish procedures for the distribution of Tickets, distribute Tickets, and complete and post
the FPPC Form 802, in accordance with this Policy
5 Distribution of Tickets. Complimentary Tickets may be distributed to City Officials under
the following conditions.
a. The City Official reimburses the City for the face value of the Ticket.
b The City Official treats the Ticket as income consistent with applicable federal and state
income tax laws
c The distribution of the Ticket to 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
i Facilitating the performance of a ceremonial role or function by a City Official on
behalf of the City at an event.
11 Facilitating the attendance of a City Official at an event where the fob duties of the
City Official require his or her attendance at the event.
111 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
iv Promotion of City resources and/or facilities available to Atascadero residents
v Promotion of City sponsored or supported community programs or events.
vi Promoting, supporting and/or showing appreciation for programs or services rendered
err. by charitable and non-profit organizations benefitting Atascadero residents
vii Economic, employment and business development on behalf of the City and
businesses within the City, including conventions and conferences
viii Promotion of business activity, development, and/or redevelopment within the City
ix Information gathering and education regarding matters of local, regional and
statewide concerns that affect the City, including enhancing intergovernmental
relations through attendance at events with or by elected and appointed officials from
other jurisdictions.
x Promotion of City-owned businesses.
x1 Promotion of tourism within the City and the surrounding region
xii Promotion of City recognition, visibility, and/or profile on a local, state, national or
worldwide scale.
xiii Promotion of open government by City official appearances, participation and/or
availability at business and/or community events.
xiv Promotion of special events in accordance with any City contract, including those
contracts where the City as a form of consideration has required that a certain number
of Tickets be made available for City use
xv Increasing public exposure to, and awareness of, the various recreational, cultural,
and educational venues and facilities available to the public within the City
xvi Attracting or rewarding volunteer public service
xvii Encouraging or rewarding significant academic, athletic, or public service
achievements by Atascadero students, residents or businesses
gar xvin Attracting and retaining highly qualified employees in the City service
City of Atascadero
Resolution No. 2011-008
Page 4 of 4
xix Recognizing or rewarding meritorious service by a City employee
am xx Promoting enhanced City employee performance or morale
xxi Recognizing contributions made to the City by former City Council Members or City
employees.
xxii Events sponsored by the City where the City specifically seeks to enhance the City's
reputation both locally and regionally by serving as hosts by providing the necessary
opportunities to meet and greet visitors, dignitaries, public officials from neighboring
jurisdictions, residents of the City, and their guests
6 Disclosure Requirements
a. This Policy shall be posted on the City website in a prominent fashion
b Tickets distributed by the City to a City Official which the City Official treats as income
for one or more public purposes described in 5c above shall be posted on the City website
in a prominent fashion, within thirty (30) days after distribution. Such posting shall
incorporate the use of FPPC Form 802, attached to this Policy as Exhibit 1, or such
alternative form(s) as may from time to time be designated by the FPPC
c Tickets distributed by the City for which the City receives reimbursement from the City
Official shall not be subject to the disclosure provisions in 6b
On motion by Council Member Kelley and seconded by Council Member Fonzi, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote
AYES Council Member Clay,Fonzi, Kelley and Mayor O'Malley
wr
NOES None
ABSENT Council Member Sturtevant
ADOPTED- February 8, 2011
CITY OF ATASCADERO
By-
Tom O' Malley M
ATTEST
nLIAA bi,4-�/M Z n 1�
Marcia McClure Torgersor,, C.M.C., City Olerk
APPROVED AS TO F RM.
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"r" Bnan A. Pienk, City Attorney