TITLE
Recommendation to adopt resolution amending the City's Policy Regarding Event Tickets and Passes. (Citywide)
DISCUSSION
Consistent with the regulations of the Fair Political Practices Commission
("FPPC"), in 2008 the City Council adopted a policy governing the use of event tickets
and passes, covering such events as the Grand Prix and attractions like the Aquarium
of the Pacific. Adoption of the policy provided an exception to the usual rule requiring
"gifts" to public officials to be reported on their annual statement of economic interests
(the "Form 700"). If followed, the policy results in the tickets not qualifying as gifts
under the regulations, so that the official may accept the ticket where there is a public
purpose achieved through that official's use of the ticket.
As required by FPPC regulations, the City's policy currently provides:
• The use of the ticket must further a governmental or public purpose;
• The City Council must adopt a distribution policy that contains
provisions set forth in the regulations;
• The City must complete a form for each distribution that must be
maintained as a public record subject to inspection and copying; and
• The form for each distribution must be forwarded to the FPPC for
posting.
Tickets distributed under the policy, including tickets distributed at the behest
of a public official, must be identified on FPPC Form 802 and posted on the City's
website to comply with this regulation . The form must be completed within 30 days of
distribution of a ticket or pass. Where the distribution is made pursuant to the public
purpose exception, that purpose must also be described on the form. The City
Manager's office acts as the ticket administrator under the policy.
Recently, the FPPC revised Regulations 18944.1, 18946, 18946.1, and 18942
in response to allegations of misuse in another city made in a Grand Jury report. The
alleged misuse occurred in two ways: a disproportionate number of tickets were
consistently used by certain staff and officials, and some staff and officials claimed
the public purpose of their attendance at such events as NBA playoff games was to
perform "facility inspections."
The attached policy, provided in redlined form to highlight the revisions,
addresses these two primary policy changes by prohibiting the disproportionate use
of tickets by City officials and staff (see Section Ill. D) as determined by the City ticket
administrator, and by requiring that an official who uses tickets for the purpose of
oversight or inspection of facilities must promptly provide a written report of findings
and recommendations (see Section V.C.2). Some additional revisions were made to
clarify definitions.
BODY
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SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
CHARLES PARKIN
CITY ATTORNEY
BY:
AMY R. WEBBER
DEPUTY CITY ATTORNEY