HomeMy WebLinkAboutCity Council - 4585 RESOLUTION NO. 4585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADVOCATING THE REPORTING OF
COMPLIMENTARY PASSES ON ECONOMIC INTERESTS STATE-
MENTS BY USE ONLY
WHEREAS, Draft Opinion No. 77-022, dated November 29, 1977,
of the Fair Political Practices Commission concludes that re-
cipients of complimentary tickets and free passes must disclose
such items on their Statements of Economic Interests if such
tickets and free passes are worth $25 or more; and
The only exception to the necessity for reporting compli-
mentary tickets and free passes is when tickets and passes are
not used at all or are returned to the donor or donated to a
charitable organization within thirty days after receipt without
being claimed as a charitable contribution for income tax pur-
poses; and
The opinion further states that "fair market value" must
be assigned to any complimentary ticket and free pass if re-
tained by a recipient ; and
Further, said opinion states that the "fair market value"
of passes is the "maximum reasonable use" rather than actual
use. Examples given in said opinion far exceed actual use in
most cases; and
Further, a complimentary ticket or pass having an estimated
value of $250 or more represents a source of income to the re-
cipient within the meaning of Government Code Section 87103(c) ,
and therefore, the donor is also a "source of income. " For that
reason, the recipient must disqualify himself from making or
participating in the making of any governmental decision which
would foreseeably and materially affect the public generally,
citing Government Code Sections 87100 and 87103; and
DPB:ahb
1.
Further, said opinion holds that the "rule of necessity"
does not apply to complimentary tickets and passes ; and
The City Council of the City of Huntington Beach feels that
the above analysis and conclusion of the Fair Political Practices
Commission is somewhat stringent and unrealistic; and
The City Council respectfully requests that reporting com-
plimentary passes and tickets on Statements of Economic Inter-
ests be based on actual use rather than "maximum reasonable use , "
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Huntington Beach does hereby request the Fair
Political Practices Commission to modify its Draft Opinion No.
77-022 to the extent that recipients of complimentary passes and
tickets may report such gifts based on actual use rather than
rrmaximum reasonable use" so that statements will not be inflated
unnecessarily and unrealistically, and the likelihood that
governmental functions will suffer will be greatly lessened.
BE IT FURTHER RESOLVED that the City Clerk is directed to
forward a copy of this resolution to the Fair Political Practices
Commission and the League of California Cities .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of January, 1978.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk / CIty At o ey
INITIATED AND APPROVED:
Ci Administrator
2.
Res. No.
4585
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
Of -January, , 19_2.�L_, by the following voter
AYES: Councilmen:
Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California