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HomeMy WebLinkAbout*ADOPTED Ticket Distribution PolicyCity of Dublin, CA Council Policy Ticket Distribution Policy Original Effective Date: 12/6/2022 Revised Date: Page 1 of 5 Ticket Distribution Policy 1. Purpose: This policy governs the fair and equitable distribution, use, and reporting of tickets and passes obtained by the City. This policy is established in accordance with Section 18944.1 of the Fair Political Practices Commission (FPPC) Regulations, which sets forth the circumstances under which the City's distribution of tickets or passes to a public official does not result in a gift to the individual official. 2. Definitions: a. Public Official every official, employee, or consultant of the City who is obligated to file a FPPC Form 700 under state law or the City’s Conflict of Interest Code. b. Immediate Family means spouse/registered domestic partners and dependent children. c. Ticket means “ticket or pass” and includes anything that provides an admission privilege to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, for which similar tickets or passes are offered for sale to the public. If other benefits – such as food, beverages or other items – are provided to the Public Official at the event and such benefits are not included as part of the admission to the event, those benefits are not covered by this Policy. d. Ticket Value is the fair market value of the ticket. (Section 18946.1) This policy governs tickets with a fair market value of $50 or more. 3. Overall Guidelines: This policy applies to the distribution of all tickets or passes received by the City that provide admission to a facility, event, show, or performance for entertainment, amusement, recreational, or similar purpose. This policy applies to any ticket which the City: (i) receives from a third party, (ii) controls as a sponsor of, or other because it has control over, an event; or (iii) purchases. This policy applies to every public official. Any distribution or use of tickets that do not meet the requirements of this policy shall be reported as a gift, as described in Section 4.e. Limitation. This policy shall only apply to the City’s distribution of tickets to a public official or at the request of a public official for which no consideration of equal or greater value is provided by the public official. Tickets for which the public official purchases or reimburses the City for the full face value thereof within 30 days of receipt, are exempt from this policy. This policy does not apply to invitation-only events or to tickets earmarked by an outside source for use by a specific public City of Dublin, CA Council Policy Ticket Distribution Policy Original Effective Date: 12/6/2022 Revised Date: Page 2 of 5 official. Reimbursement of actual and necessary expenses of any member of the City Council or any City Commission incurred in the performance of official duties shall be governed by the City’s reimbursement policy. This policy does not apply to events in which tickets are not sold to the public. 4. Policy Guidelines: a. Ceremonial Duties. Tickets provided to a public official and one guest so that the public official may perform a ceremonial role, as defined in Section 18942.3 of the FPPC Regulations, on behalf of the City are exempt from this policy and not a “gift” per the Political Reform Act, and Government Code section 82028. However, information required by Form 802, a copy of which is attached to this policy, including the number of tickets received, face value of the ticket(s), and description of public purpose shall be reported on such Form 802 and posted on the City’s website per Section 4.c below. b. Public Purposes. The distribution of any ticket by the City to, or at the behest of, a public official must accomplish a "public purpose" of the City. The City may provide a ticket to a public official subject to this policy for any of the following City purposes, provided that the City Manager or their designee determines that distributing the ticket accomplishes one or more of the following public purposes: i. Promotion of local and regional businesses and economic activities within the City, including conventions and conferences. ii. Promotion of City-controlled or sponsored events, activities, or programs. iii. Promotion of community programs and resources available to city residents, including nonprofit organizations and youth programs. iv. Highlighting the achievements of City residents and businesses. v. Promotion of private facilities available to City residents, including charitable and nonprofit facilities. vi. Promotion of public facilities available to City residents. vii. Promotion of City growth and development, including economic development and job creation opportunities. viii. Promotion of City landmarks and community events. ix. Promotion of special events conducted pursuant to a contract to which the City is party. x. Promotion of the city on a local, regional, state, or national scale. xi. Promotion of open government by participation of public officials at business or community events. City of Dublin, CA Council Policy Ticket Distribution Policy Original Effective Date: 12/6/2022 Revised Date: Page 3 of 5 xii. Sponsorship agreements involving private events by which the City seeks to enhance the City's reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents. xiii. Implementation of written contracts under which tickets are required to be made available for City use. xiv. Employment retention programs, support of general employee morale, or rewarding public service xv. Attracting or rewarding volunteer public service. xvi. Special outreach programs for veterans, teachers, emergency services, medical personnel, and other civic service occupations. xvii. Any similar purpose stated in any City contract. c. Reporting Requirement. Tickets distributed by the City to, or at the behest of, a public official pursuant to this policy shall be documented in a completed FPPC Form 802 (see Attachment 1) or such other form(s) as the FPPC may designate. The completed Form 802 shall be filed with the City Clerk and posted on the City’s website in a prominent fashion within 45 days after distribution of the tickets. d. Return of Tickets. Any public official may refuse or return any ticket to the City and not be required to report the tickets under either Form 802 or 700. e. Use of Tickets Not for Public Purpose – Reported as income. Any distribution or use of a ticket that does not meet the requirements of Section 4.b shall be subject to the “gift” definition of Government Code Section 82028 and reporting by the public official under Form 700 as income consistent with federal and state income tax laws. f. Transfer Prohibition. A public official who receives tickets distributed by the City according to this policy is prohibited from transferring or giving the tickets to any other person except to one guest solely for their attendance at the event or to members of the official’s “immediate family” for their personal use. No person receiving a ticket or pass pursuant to this policy shall sell or receive reimbursement for the value of the ticket or pass. If a public official transfers a ticket received from the City to any another person, as opposed to returning the ticket to the City for redistribution, then the value of the ticket or tickets transferred shall constitute a gift and shall be reportable as provided by the regulations of the FPPC. City of Dublin, CA Council Policy Ticket Distribution Policy Original Effective Date: 12/6/2022 Revised Date: Page 4 of 5 g. Policy Limited to Just Tickets. If other benefits, such as food, beverages, or other items, are provided to the public official at an event and they are not included as part of the admission to the event, those benefits will need to be accounted for as gifts to the public official. 5. Responsibilities: a. City Manager. The City Council delegates the authority to distribute any ticket in accordance with this policy to the City Manager or their designee and such authority includes the power to distribute such a ticket to the City Councilmembers, the City Manager, or a department head, provided that doing so is not disproportionate, and is otherwise consistent with this policy. b. City Clerk. File Form 802 as required by the FPPC and post it on the City’s website as required by Section 18944.1 of the FPPC Rules. Form 802s posted to the City’s website shall be maintained on the City’s website for a period of not less than four years and a link to the website location of the forms emailed to the FPPC. Summary of Revisions December 6, 2022 – Adopted by the City Council via Resolution No. 139-22 City of Dublin, CA Council Policy Ticket Distribution Policy Original Effective Date: 12/6/2022 Revised Date: Page 5 of 5 FAQs for Ticket Distribution Policy 1. The City is hosting an event and tickets are being sold to members of the public to attend the event. The City is purchasing tickets to distribute to public officials. Is this covered under the policy? YES. The Mayor or Councilmembers could have a ceremonial duty and there could be a public purpose in having staff attend, to be determined in accordance with the policy. A Form 802 would be filed. 2. There is a regional lunch or dinner for businesses, the Mayor, Councilmembers, and staff. For example: State of the City, State of the County, Tri-Valley Mayor’s Summit. Is this covered under the policy? NO. This event is not covered under the policy, and also does not require the filing of a Form 802. This admission is not considered a ticket or pass for an event for entertainment, amusement, recreational, or similar purpose. 3. The Mayor and Councilmembers have been invited to pay to attend a non-profit’s or community-based organization’s fundraiser. Is this covered under the policy? NO. This is not covered under the policy because it is the Mayor or Councilmember requesting a ticket, versus the City distributing a ticket. The policy covers tickets that the City receives or purchases, and then distributes consistent with the policy. 4. The City sponsors a regional event and receives tickets for City Officials, or staff, or tickets are offered to the City by a sponsor of a regional event. Is this covered under the policy? YES. If there is a Ceremonial Role or the City Manager has designated a public purpose, determined in accordance with the policy, a Form 802 would be completed for the officials that attend. 5. A private reception is held by an organization or business and the Mayor, Councilmembers, and/or staff are invited. Is this covered under the policy? NO. This is a private event, and no tickets are being sold to the public. This event does not fall under the policy and no filing is required. California Form Agency Report of: 1. Agency Name Designated Agency Contact (Name,Title) Date Stamp E-mail Division, Department, or Region (if applicable) 2. Function or Event Information Verification I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance with the requirements. Signature of Agency Head or Designee Print Name Comment: FPPC Form 802 (2/2016) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) (month, day, year) 802 (month, day, year) For Official Use Only Area Code/Phone Number Date of Original Filing: Ticket(s)/Pass(es) provided by agency? Was ticket distribution made at the behest of agency official? Title Ceremonial Role Events and Ticket/Pass Distributions Face Value of Each Ticket/Pass $ Event Description: If no: If yes: Amendment (Must Provide Explanation in Part 3.) Provide Title/ Explanation Name of Source Official’s Name (Last, First) If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: Name of Agency, Department or Unit Name of Outside Organization (include address and description) Name of Individual (Last, First) Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Describe the public purpose made pursuant to the agency’s policy Identify one of the following: Describe the public purpose made pursuant to the agency’s policy Does the agency have a ticket policy?No No Income Other Other Ceremonial Role Ceremonial Role Income No Yes Yes Yes Date(s) //// 3. A. B. C. 4. A Public Document Recipients Use Section A to identify the agency’s department or unit. Use Section B to identify an individual. Use Section C to identify an outside organization.• • • This form is for use by all state and local government agencies. The form identifies persons that receive admission tickets and passes and describes the public purpose for the distribution. This form was prepared by the Fair Political Practices Commission (FPPC) and is available at www.fppc.ca.gov. General Information FPPC Regulation 18944.1 sets out the circumstances under which an agency’s distribution of tickets to entertainment events, sporting events, and like occasions would not result in a gift to individuals that attend the function. In general, the agency must adopt a policy which identifies the public purpose served in distributing the admissions. The Form 802 serves to detail each event and the public purpose of each ticket distribution. FPPC Regulation 18942 lists exceptions to reportable gifts, including ceremonial events, when listed on this form. When the regulation procedures are followed, persons, organizations, or agencies who receive admissions are listed on a Form 802. Agency officials do not report the admissions on the official’s Statement of Economic Interests, Form 700, and the value of the admission is not subject to the gift limit. The Form 802 also informs the public as to whether the admissions were made at the behest of an agency official and whether the behested tickets were provided to an organization or to specific individuals. Exception FPPC This form is not required for admission provided to a school or university district official, coach, athletic director, or employee to attend an amateur event performed by students of that school or university. Reporting and Public Posting Ticket Distribution Policies: An agency must post its ticket policy on its website within 30 days of adoption or amendment and e-mail a link of the website location to FPPC at form802@fppc.ca.gov. Form 802: The use of the ticket or pass under the policy must be reported on Form 802 and posted on the agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at form802@fppc.ca.gov. The FPPC will post on its website the link to each agency’s policy and completed forms. It is not necessary to send an e-mail each time a new Form 802 is posted. It is only necessary to submit the link if the posting location changes. This form must be maintained as a public document. Privacy Information Notice Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to administrative, criminal, or civil penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel. Instructions Part 1. Agency Identification: List the agency’s name. Provide a designated agency contact person, their phone number, and e-mail address. Mark the amendment box if changing any information on a previously filed form and include the date of the original filing. Part 2. Function or Event Information: Confirm that your agency has a policy for ticket distribution. Unless the ceremonial role or income box in Part 3, Section B, is marked, this form is only applicable if your agency has a policy. Complete all of the other required fields that identify the ticket value, description of event, date(s) and whether the ticket was provided by the agency or an outside source. If an agency official behests the tickets, the official’s name is also required. Use the comment field or an attachment to explain in full. Part 3. Ticket Recipients: This part identifies who uses the tickets. The identification requirements vary depending upon who received the tickets and are categorized into three sections. Each section must list the number of tickets received. Use the comment field or an attachment to explain in full. Section A. Report tickets distributed to agency staff, other than an elected official or governing board member, pursuant to the agency’s policy. It is not necessary to list each employee’s name, but identify the unit/department for which the employee works. The agency must describe the public purpose associated with the ticket distribution. A reference to the policy is permissible. Section B. Report: 1) any agency official who performs a ceremonial role; 2) any agency official who reports the value as income; or 3) tickets used by elected officials and governing board members (including those distributed pursuant to the agency’s policy). Section C. Report tickets provided to an organization. The organization’s name, an address (website url is permissible), and a brief description of the public purpose are required. California Form 802Agency Report of: Ceremonial Role Events and Ticket/Pass Distributions A Public Document FPPC Form 802 (2/2016) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) California Form 802Agency Report of: Ceremonial Role Events and Ticket/Pass Distributions A Public DocumentContinuation Sheet Agency Name If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: Name of Agency, Department or Unit Name of Individual (Last, First) Name of Outside Organization (include address and description) Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Describe the public purpose made pursuant to the agency’s policy Identify one of the following: Describe the public purpose made pursuant to the agency’s policy Income Income Other Other Other Other Ceremonial Role Ceremonial Role Ceremonial Role Ceremonial Role Income Income 3. A. B. C. Recipients Use Section A to identify the agency’s department or unit. Use Section B to identify an individual. Use Section C to identify an outside organization.• • • FPPC Form 802 (2/2016) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)