R-2019-049 Revised Tickets and Passes Policy; Rescinding R-2013-067 2019-06-18RESOLUTION NO. R-2019-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA ESTABLISHING A TICKETS AND PASSES DISTRIBUTION POLICY
PURSUANT TO CALIFORNIA CODE OF REGULATIONS TITLE 2 SECTION 18944.1;
RESCINDING RESOLUTION R-2013-067
WHEREAS, in an effort to reduce improper influences upon public officials, the Fair
Political Practices Commission (FPPC) regulates tickets or passes distributed to
government officials and employees by their agency; and
WHEREAS, Regulation 18944.1 stipulates that distribution of tickets or passes to a public
official does not constitute a gift if the distribution is made in furtherance of a public
purpose and the agency has adopted a policy establishing eligible public purposes; and
WHEREAS, the City of Pismo Beach periodically receives, purchases, or generates
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, the development of inter -agency relations, and the
enhancement of employee morale; and
WHEREAS, on October 1, 2013, the City adopted its first tickets and passes policy via
Resolution R-2013-067; and
WHEREAS, the FPPC has amended Regulation 18944.1 to require an agency's tickets
and passes distribution policy to prohibit the disproportionate use of the policy by any one
official, and to require the posting of inspection reports in cases where tickets or passes
are distributed to an official for the purpose of conducting an inspection; and
WHEREAS, in addition, staff has identified a number of other clarifications and revisions
that will improve the clarity and accuracy of the policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach
hereby adopts a revised Tickets and Passes Distribution Policy (Exhibit A).
BE IT FURTHER RESOLVED that Resolution R-2013-067 is hereby rescinded.
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R-2019-049
UPON MOTION OF Council Member Reiss, seconded by Council Member Guthrie, the
foregoing resolution was adopted by the City Council of the City of Pismo Beach this 18th
day of June 2019, by the following vote:
AYES: 5 Reiss, Guthrie, Blake, Howell, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved:
w
Ed Waage, Mayo
Attest:
erica Inde i d, ity Clerk
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R-2019-049
Exhibit A
CITY OF PISMO BEACH
TICKETS AND PASSES DISTRIBUTION POLICY
Section I. Purpose of Policy
The purpose of this Policy is to ensure that any ticket or pass provided to
the City of Pismo Beach ("City") by any third party, purchased or obtained
directly by the City, or generated by the City, shall, if distributed to a
Designated Official, be distributed in furtherance of governmental and/or
public purposes, in accordance with the California Fair Political Practices
Commission ("FPPC") Regulation 18944.1.
Section II. Definitions
For purposes of this Policy, the following words, terms and phrases shall
have the following meanings:
A. "Designated Official" shall mean any officer or employee who is
designated in the City's Conflict of Interest Code because their
position entails the making or participation in the making of
decisions which may have a foreseeable material effect on their
financial interests within the City. Designated Officials are those
that are required to file FPPC Form 700.
B. "Gift" shall have the meaning set forth in Government Code
§82028.
C. "Immediate family" shall have the meaning set forth in Government
Code §82029.
D. "Third party" shall mean the source of any ticket or pass, other than
the City.
E. "Ticket" or "pass" shall mean any ticket, pass, etc. that provides
admission to a facility, event, show, or performance for
entertainment, amusement, recreation or other similar purpose.
Section III. Administration of Policy
The City Manager or designee shall be responsible for administering this
Policy.
Section IV. Tickets and Passes Distribution Policy
This Policy governs the distribution of complimentary tickets/passes
received, purchased, or generated by the City to a facility, event, show, or
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Exhibit A
performance for entertainment, amusement, recreational or similar
purposes. 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.
Only Designated Officials shall be eligible to receive tickets or passes in
accordance with the provisions of this policy.
All tickets and passes distributed to a Designated Official by the City shall
be subject to the following provisions:
A. The City shall not accept from any third party any ticket or pass that
is specifically earmarked for use by a particular Designated Official
whether by name or position (2 CA CCR §18944.1(a)(3))
B. The City Manager or designee shall document in writing the receipt
of all tickets and passes provided to the City by a third party.
C. Tickets and passes shall only be provided to Designated Officials
by the City Manager or designee for a legitimate public purpose of
the City, as set forth in this Policy. (2 CA CCR §18944.1(b)(2))
D. The City Manager or designee shall decide in their sole discretion,
consistent with this Policy, which Designated Officials should be
provided with a ticket or pass. (2 CA CCR §18944.1(a)(4))
Section V. Legitimate Public Purposes
Any ticket or pass provided to a Designated Official by the City shall not
constitute a gift if provided and used by the Designated Official for any of
the following purposes listed below. (2 CA CCR §18944.1(b)(1))
The following list of governmental and/or public purposes the City may
accomplish through the distribution of tickets/passes is illustrative rather
than exhaustive:
A. Promotion of business activity, development, and/or redevelopment
within the City.
B. Promotion of community resources and programs available to City
residents including but not limited to those resources and programs
involving charitable and non-profit organizations.
C. Promotion of City resources available to City residents.
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R-2019-049
Exhibit A
D. Promotion of City -operated, sponsored or supported community
programs.
E. Promotion of private facilities available for City residents' use
including but not limited to those facilities involving charitable and
non-profit organizations.
F. Promotion of City facilities available for City residents' use.
G. Promotion of City growth and development.
H. Promotion of City tourism on a local, state, national, or worldwide
scale.
I. Promotion of City recognition, visibility and/or profile on a local,
state, national, or worldwide scale.
J. Promotion of open government by Designated Official
appearances, participation and/or availability at business and/or
community events.
K. Promotion of the improvement of inter -governmental relations.
L. 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/passes be made
available for City use.
M. Attendance at events sponsored by other governmental agencies,
industry groups, and non-profit organizations for the purpose of
meeting and conferring with other governmental officials or
business representatives regarding issues of interest to, or
affecting, the City.
N. Increasing public exposure to, and awareness of, the various
recreational, cultural, and educational venues and facilities
available to the public within the City.
O. Encouraging or rewarding significant academic, athletic, or public
service achievements by City students, residents or businesses.
P. Recognizing contributions made to the City by former or current
City Council members or other City employees.
Q. Attracting and retaining highly qualified employees in the City.
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Exhibit A
R. Recognizing or rewarding meritorious serve by a City employee.
S. Promoting enhanced City employee performance and/or morale.
Section VI. Exemptions
The following tickets and passes shall be exempt from the provisions of
this Policy:
A. A ticket or pass received by a Designated Official directly from a
third party that the Designated Official uses to perform a ceremonial
role or function on behalf of the City.
B. A ticket or pass received by a Designated Official from the City
where both the Designated Official and the City treat and report the
value of the ticket or pass as income consistent with applicable
state and federal income tax laws and the ticket is reported as
income pursuant to the provisions of this Policy.
Section VII. Prohibition against Transfer
A Designated Official who receives a ticket or pass pursuant to this Policy
is prohibited from transferring or selling the ticket or pass to any other
person, except to a member of the Designated Official's immediate family
solely for their personal use or to not more than one guest, provided such
transfer to an immediate family member or guest satisfies a legitimate
public purpose as outlined above and is approved by the City Manager or
his/her designee. (2 CA CCR §18944.1(b)(3))
Section VIII. Prohibition against Disproportionate Use
To ensure fair allocation of the benefit of tickets given to the City, no
Designated Official shall disproportionately use tickets given to the City
when compared to the ticket use of any other Designated Official. (2 CA
CCR §18944.1(b)(4))
Section IX. Posting and Disclosure Requirements
A. This Policy shall be maintained as a public record and prominently
posted on the City's website.
B. Within forty-five (45) days of distributing any ticket or pass pursuant
to this Policy, the City Manager or designee shall complete and
cause to be posted on an FPPC Form 802, or other form as may be
designated by the FPPC for this purpose, on the City's website,
with such posting to remain on the website for a period of at least
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Exhibit A
seven (7) years. The posting shall conform to the requirements of 2
CA CCR §18944.1(d) et seq.
C. The FPPC shall be kept apprised of the current location where this
policy and the City's Form 802 postings are made available online.
(2 CA CCR §18944.1(c))
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