HomeMy WebLinkAboutCity Council - 2013-23 RESOLUTION NO. 2013- 23,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING A POLICY
FOR LIMITING THE DISTRIBUTION OF
TICKETS AND PASSES TO CITY OFFICIALS
WHEREAS, from time to time, the City of Huntington Beach receives event tickets or
passes from third party sources, both public and private for use by various City officials; and
Under section 18944.1 of Title 2 of the California Code of Regulations, 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
The City finds that the receipt of all such tickets and/or passes, either discounted, free
or purchased, are public resources; and
On December 11, 2008, the Fair Political Practices Commission (FPPC)adopted new
regulations regarding disclosure of receipt of tickets and/or passes by a public official, and the
circumstances under which they would be distributed to the public officials, and not trigger
disclosure requirements on the public officials Statement of Economic Interests (Form 700);
and
The City desires to distribute these public resources in a manner that furthers the CitYs
governmental and public purposes such as the promotion of City events affecting or involving
the City; and
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 in compliance with Section 18944.1, subdivision(b)(2); and
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The FPPC has 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,
NOW, THEREFORE, the City Council of the City of Huntington Beach hereby adopts
the Ticket Distribution Policy, attached hereto as Exhibit A and incorporated by this
reference.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of August , 20 13 .
a
Mayor
REVI ND APPROVED: INITIATED AND APPROVED AS TO FORM:
Ci ger Ci y Attorn
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EXHIBIT A
TICKET DISTRIBUTION POLICY
1.0 Purpose of Policy.
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 181 10 et seq., as the same may from time to time be
amended).
a) "City" or "City of Huntington Beach" shall mean and include the City of
Huntington Beach, and/or any other affiliated agency created or activated by the Huntington
Beach City Council, and any departments, boards and commissions thereof.
b) "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).
c) "FPPC shall mean and refer to the California Fair Political Practices
Commission.
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d) "Immediate family" shall mean and refer to the spouse and dependent
children.
e) "Policy shall mean and refer to this Ticket Distribution Policy.
f) "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.
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.
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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 Huntington Beach
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 Huntington Beach residents.
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 Huntington Beach 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 incorporate the use of FPPC California Form 802,
attached to and incorporated in this Policy as Exhibit A-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.
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Tickets Provided by - .
ETS PROVIDED BY
Agency Report A Public Document TiCKAGENCY REPORT
1.Agency Name Date Stamp o ® 1
Division,Department,or Region(if applicable; For Official Use Only
Street Address
Area CodetPhone Number E-mail Amendment (Must explain in Patt 5 it
Agency Contact(name and title) Date of Original Filing:
(month,day,year)
2. Event For Which Tickets Were Distributed
Date(s)of Event: '__i Description of Event:
Face Value of Ticket: S
Agency Event C Yes ❑No(Identify source of tickets below.)
Name of Outside Source of Ticket(s) Provided to Agency:
Number of Tickets Received: Ticket(s) Provided to Agency: ❑Gratuitously []Pursuant to Contract
3.Agency Official(s) Receiving Ticket(s)(use a continuation sheet for additional names)
Name of Official Number State Whether the Distribution is Income to the Official or
(fast.First) of Tickets Describe the Public Purpose for the Distribution
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: Number of Tickets:
Description of Organization:
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
l Dave 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 :itle (month,day,year)
Comment: (Use this space or an attachment for any additions!information including amendment explanation.)
FPPC Form 802(Febf09)
FPPC Toll-Free Helpline:866fASK-FPPC(866/275-3772)
EXHIBIT A-1
Res. No. 2013-23
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 at least a majority of all the members of said City Council
at a Regular meeting thereof held on August 19, 2013 by the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
City Curk and ex-officio CIEK of the
City Council of the City of
Huntington Beach, California