HomeMy WebLinkAbout2009-019 - Standards for Distribution of Tickets and/or Passes to Certain Events
Us,jwf-04/03/09)
RESOLUTION NO. 2009-019
RESOLUTION OF THE CITY COUNCil OF THE CITY OF
SANTA ANA ESTABLISHING STANDARDS FOR
DISTRIBUTION OF TICKETS AND/OR PASSES TO
CERTAIN EVENTS IN FURTHERANCE OF THE CITY'S
REASONABLY DEFINED PUBLIC PURPOSES.
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. From time to time, the City receives tickets or passes to various facilities,
events or performances or shows from third party sources, both public and
private, which the City distributes to various persons including city
employees and officials; and,
B. The Fair Political Practices Commission ("FPPC") has promulgated
regulations regarding when disclosure of receipt of these tickets as gifts
may be required for those city officials deemed to be who file annual
Statements of Economic Interests ("Form 700") under the City's Conflict of
Interest Code; and,
C. FPPC Regulation 18944.1 permits covered tickets to be distributed to
these city officials without being treated as gifts on Form 700 if the City
distributes these tickets in accordance with a duly adopted written policy
consistent with Section 18944.1; and,
D. The Fair Political Practices Commission ("FPPC") has clearly stated that it
recognizes the discretion of the City Council to determine whether the
distribution of such tickets serves a legitimate public purpose of the City.
Section 2. The following standards shall apply to the distribution by the City of
tickets and/or passes for admission to a facility, event, show, or performance for
entertainment, amusement, recreation, or similar purposes as defined by the FPPC
Regulation 18944.1.
1. Definitions.
a. "Designated Official" shall mean a City public official required by a City
Conflict of Interest Code to file a Statement of Economic Interest.
b. "Ticket" shall mean a ticket and/or pass for admission to a facility,
event, show, or performance for entertainment, amusement,
Resolution No. 2009-019
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recreation, or similar purposes (as defined by the FPPC Regulation
18944.1, as amended and interpreted from time to time) that is
obtained by the City, a) from an outside source, b) acquired by the City
pursuant to a contract for use of City owned property, c) for a City
controlled event, or d) purchased by the City at fair market value. This
definition shall not include a ticket to an event where there is no
admission fee, or to civic, political, community and/or cultural activities
including, but not limited to, employee recognitions, neighborhood
events, state of the city addresses and community prayer programs,
unless expressly determined by otherwise by the FPPC or judicial
decision.
2. Purpose of Policy. The purpose of this policy is to ensure that all Tickets
provided to the City shall be distributed in accordance with Section 18944.1.
3. Limitations.
a. This Policy shall only apply to the City's distribution of Tickets to, or at
the behest of, a Designated Official.
b. Tickets provided to a Designated Official as part of their official duties,
or tickets provided so that the Designated Official may perform a
ceremonial role or function on behalf of the City, shall not be subject to
this Policy. These tickets are exempt from any disclosure or reporting
requirements.
4. Public Purpose. The City Council hereby finds and determines, in its
sound discretion, that the City will accomplish one or more of the following public
purposes through distribution of Tickets to Designated Officials, or provided to third
persons as the behest of a Designated Official. The list is intended to be illustrative
rather than exhaustive of the public purposes that may be served by Designated
Officials utilization of Tickets:
a. Economic, employment and business development on behalf of the
City and businesses in the City.
b. Promotion of City-controlled or sponsored events, activities, or
programs, public facilities and resources.
c. Information gathering and education regarding matters of local,
regional and state-wide concern that affect the City including
enhancing intergovernmental relations through including attendance at
events with or by elected and appointed officials, and their families,
from other jurisdictions.
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d. Promoting or showing City appreciation for programs and services
rendered by community and other non-profit resources for the benefit
of the community including artistic and cultural organizations and
institutions.
e. Promoting, encouraging and rewarding educational and athletic
achievements by students and officials of local and regional
educational institutions.
f. Promotion of City recognition, visibility, and/or profile on a local, state,
national or worldwide scale including exchange programs with national
and foreign officials and dignitaries.
g. Promotion of open government by Designated Official appearances,
participation and/or availability at business or community events.
h. Attracting and retaining highly qualified employees in City service.
i. Special recognition or reward of meritorious service by a City
employee or for use in a City employee competition or drawing.
j. Performance of a ceremonial or official function on behalf of the City,
including the attendance of the Designated Official's immediate family
members.
k. Recognition of contributions made to the City by former City Council
members and City officials.
5. City Manager. The City Council hereby delegates the authority to
distribute any Tickets in accordance with this policy to the City Manager. In such case
where the City Manager desires to obtain a Ticket, the City Council authorizes the City
Manager to exercise the City's sole discretion in determining whether the City
Manager's use or distribution of tickets and/or passes is in accordance to the terms of
this policy.
6. Transfer Prohibition. The transfer by any Designated Official of any tickets
and/or passes distributed pursuant to this policy to any other person, except to
members of the Designated Official's immediate family for their personal use, is
prohibited. Government Code Section 82029 has defined immediate family to mean
spouse and dependent children.
7. Administrative Procedures, Website Posting. The City Manager shall
promulgate an Administrative Procedure that implements this Resolution, which shall be
posted on the City's website in a prominent fashion.
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8. Website Disclosure. The distribution of a ticket or pass pursuant to this
policy shall be posted on the City website in a prominent fashion within 30 days after the
ticket distribution and shall include all the information as required under Section 18944.1
and FPPC Form 802 or such alternative form as may be approved or amended from
time to time.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 6th day of April, 2009.
U-
AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez.
Pulido. Sarmiento. Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Council members: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2009-019 to be the original resolution adopted by the City
Council of the City of Santa Ana on April 6. 2009.
Date: ~Iq) ~oq
Pa ricia E. He
Clerk of the Council
City of Santa Ana
Resolution No. 2009-019
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