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HomeMy WebLinkAbout2023-090 - Resolution RESOLUTION NO. 2023-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A COMPLIMENTARY TICKETS OR PASSES POLICY PURSUANT TO FAIR POLITICAL PRACTICES COMMISSION REGULATION 18944.1 A. Recitals 1. From time to time, cities, including the City of Rancho Cucamonga("City")may receive complimentary tickets or passes from third parties for use by various City officials, including employees. 2. Fair Political Practices Commission (FPPC) Regulation 18944.1 authorizes the City Council to adopt a written policy governing the distribution of complimentary tickets and passes that includes a statement describing the public purpose to be accomplished by such policy. When distributed pursuant to a qualifying policy, such tickets are not considered gifts under the FPPC Regulations. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby approves and adopts the "Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1" attached hereto as Exhibit A and on file in the office of the City Clerk. 2. The City Council hereby directs the City Clerk to post the policy on the City's website. 3. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2023-090 - Page 1 of 8 PASSED, APPROVED, and ADOPTED this 19th day of July, 2023. s i L. ni D Michael, yor ATTEST: 70 du nice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 19th day of July, 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 20th day of July, 2023, at Rancho Cucamonga, California. 7 -. Aotab ice C. Reynolds, Ci Clerk Resolution No. 2023-090 - Page 2 of 8 EXHIBIT A CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT POLICY REGARDING THE DISTRIBUTION OF COMPLIMENTARY TICKETS OR PASSES PURSUANT TO FPPC REGULATION 18944.1 Section 1. Purpose of Policy The purpose of this Policy is to establish a fair and equitable process for the distribution of complimentary tickets or passes to the City in compliance with the requirements of Section 18944.1 of the Fair Political Practices Commission Regulations. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as now exist or may hereafter be added or amended. Section 2. 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 FPPC Regulations and the Political Reform Act. A. "City"shall mean the City of Rancho Cucamonga,the Rancho Cucamonga Fire Protection District, and any departments, boards, committees, and commissions thereof. B. "City Official" shall mean every official, officer, agent and employee of the City who is obligated to file an annual Statement of Economic Interests (FPPC Form 700) under the Political Reform Act or the City's current conflict of interest code. C. "City Venue" shall mean and refer to any facility owned, controlled or operated by the City. D. "FPPC" shall mean and refer to the California Fair Political Practices Commission. E. "FPPC Regulations" shall mean the Fair Political Practices Commission regulations contained in Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as the same may be amended from time to time. F. "Immediate Family" shall mean the spouse and dependent children of the City Official. The term spouse includes registered domestic partners recognized by state law. The term dependent children shall mean a child, including an adoptive child or stepchild, of a City Official who is under 18 years old and who the City Official is entitled to claim as a dependent on his or her federal tax return. G. "Pass" shall mean a Ticket that provides repeated access, entry, or admission to a facility or series of events and for which similar passes are sold to the public. Resolution No. 2023-090 - Page 3 of 8 H. "Policy" shall mean and refer to this Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1 I. "Political Reform Act" shall mean California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may be amended from time to time) and the FPPC Regulations. J. "Ticket" shall mean anything that provides access, entry, or admission to a specific future event or function, and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits that the ticket provides. Section 3. Application of Policy A. This Policy shall be applicable to every officer, agent and employee of the City who is obligated to file an annual Statement of Economic Interests (Form 700) under the Political Reform Act or the City's current conflict of interest code. B. This Policy governs the distribution of Tickets or Passes by the City to a City Official, or at the behest of a City Official, that are either: 1. Gratuitously provided to the City by an outside source; 2. Acquired by the City by purchase; 3. Acquired by the City as consideration pursuant to the terms of a contract for the use of a city venue; or 4. Acquired and distributed by the City in any other manner. C. This Policy does not apply to the following: 1. Other items of value. 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. Sources other than the City. Tickets or Passes provided by sources other than the City. 3. Taxable Income. A Ticket or Pass received by a City Official from the City where both the City Official and the City treat and report the value of the Ticket or Pass as taxable income consistent with applicable state and federal income-tax laws and the Ticket is reported as income. 4. Reimbursement. A Ticket or Pass distributed by the City to a City Official if such City Official pays to the City the fair value of the ticket within 30 days of receipt. Resolution No. 2023-090 - Page 4 of 8 5. Ceremonial Roles. A Ticket provided to a City Official so that the City Official may perform a ceremonial role on behalf of the City or as part of his or her job duties to assist the official performing the ceremonial role, is not a gift as provided by Section 18942(a)(13) of the FPPC Regulations. Section 4. General Provisions. A. No Right to Tickets or Passes: The use of complimentary Tickets or Passes 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. B. Limitation on Transfer of Tickets or Passes: Tickets or Passes 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 or no more than one guest solely for their attendance at the event. If a City Official transfers a Ticket or Pass he or she has received from the City to another person, as opposed to returning the Ticket or Pass to the City for redistribution, then the value of the Ticket or Pass he or she transfers shall constitute a gift to him or her and shall be reportable as provided by the FPPC Regulations. C. Prohibition Against Sale of or Receiving Reimbursement for Tickets or Passes: No person who receives a Ticket or Pass pursuant to this Policy shall sell or receive reimbursement for the value of such Ticket or Pass. D. No Disproportionate Use. There shall be no disproportionate use of Tickets or Passes by any City Council member, the City Manager or any department head. Section 5. Ticket Administrator A. The City Council delegates the authority to the City Manager or his/her designee to be the Ticket Administrator for purposes of implementing the provisions of this Policy. B. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets or Passes in accordance with this Policy. Such authority includes the power to distribute such a Ticket or Pass to the City Manager provided that doing so is otherwise consistent with this Policy. All requests for Tickets or Passes that fall within the scope of this Policy shall be made in accordance with the procedures established by the Ticket Administrator. C. The Ticket Administrator shall determine the fair value of Tickets or Passes distributed by the City for purposes of reporting pursuant to Section 9 of this Policy. D. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates'any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of Tickets or Passes. Resolution No. 2023-090 - Page 5 of 8 E. For the purpose of implementing this Policy, and completing and posting the FPPC California Form 802, the Ticket Administrator shall be the "Agency Head." The Office of the City Clerk is delegated responsibility for completing and posting the FPPC Form 802. Section 6. Conditions Under Which Tickets or Passes Distributed to City Officials are not considered a Gift under the Political Reform Act A. The Ticket Administrator must distribute complimentary Tickets or Passes to City Officials only pursuant to this Policy. B. The Ticket or Pass is not earmarked by an outside source for use by specific City Official(s). The Ticket Administrator must determine, in its sole discretion, who uses the Ticket or Pass. C. The Ticket or Pass must be reported pursuant to Section 9 of this Policy. D. The distribution of the Ticket(s)to, or at the behest of, the City Official must accomplish or further one or more of the following governmental and/or public purposes: 1. Facilitating the performance of a ceremonial role or function by a City Official on behalf of the City at an event,for which the City Official may receive enough Tickets or Passes for the City Official and each member of his or her Immediate Family. 2. 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, for which the City Official may receive enough Tickets or Passes for each member of the City Official's Immediate Family. 3. 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. 4. Economic or business development purposes on behalf of the City. 5. Promotion of City resources and/or facilities available to Rancho Cucamonga residents. 6. Promotion of City-run, sponsored or supported community events, activities or programs. 7. To monitor and evaluate the value of City-run, sponsored or supported community events, activities or programs to the City including but not limited to evaluation of the venue, quality of performances and compliance with City policies, agreements and other requirements. Resolution No. 2023-090 - Page 6 of 8 8. Promotion and evaluation of events, activities or programs at City venues, including but not limited to evaluation of the venue, quality of performances and compliance with City policies, agreements and other requirements. 9. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting Rancho Cucamonga residents. 10. Promotion of City tourism on a local, state, national or worldwide scale. 11. Business retention or attraction on a local, state, national or worldwide scale. 12. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale. 13. Encouraging Rancho Cucamonga resident and business support for and attendance at local events. 14. Encouraging participants in City sponsored programs to attend local events. 15. Attracting or rewarding volunteer public service. 16. Encouraging or rewarding significant academic, athletic, or public service achievements by Rancho Cucamonga students, residents or businesses. 17. Attracting and retaining highly qualified employees in the City service. 18. Recognizing or rewarding meritorious service by a City employee. 19. Promoting enhanced City employee performance or morale. 20. As an incident to the above public purposes, allowing for the Immediate Family of the City Official to accompany the City Official to events to accomplish any of the purposes listed in this Resolution. E. The City Official receiving a Ticket or Pass shall prepare a written inspection report of findings and recommendations if part of the public purpose for which the Ticket or Pass was received was for the public oversight or inspection of facilities. Section 7. Tickets or Passes Distributed at the Behest of a City Official. A. Only the following City Officials shall have authority to behest Tickets or Passes: City Council Members, the City Manager, the Assistant City Manager, the Deputy City Manager(s) and Department Heads. r Resolution No. 2023-090 - Page 7 of 8 B. Tickets or Passes shall be distributed at the behest of a City Official only for one or more public purposes set forth in Section 6.D. above. C. If Tickets or Passes are distributed at the behest of a City Official, such City Official shall not use one of the Tickets or-Passes so distributed to attend the event. Section 8. Other Benefits A. The distribution of Tickets or Passes pursuant to this Policy shall not constitute a "gift" to the City Official receiving the Ticket, however, other benefits, such as food or beverage or other gifts provided to the City Official that are not given to the general public as part of the Ticket or Pass admission, will need to be accounted for as gifts. B. If the City receives complimentary Tickets or Passes that are earmarked for particular City Officials, then the Tickets or Passes are considered gifts to that particular City Official. If these Tickets or Passes are not returned unused to the provider within thirty (30) days of receipt, then the City Official must comply with the applicable FPPC gift limit regulations and reporting regulations. Section 9. Posting and Disclosure Requirements A. Within 30 days of adoption or amendment of this Policy, the Policy shall be posted on the City's website and a link to the website that displays the City's Policy shall be e-mailed to the FPPC in order for the FPPC to post the link on its website. B. Within 45 days of distribution of a Ticket or Pass, the City must report the distribution on FPPC Form 802 containing the information required to be reported under Regulation 18944.1(d), and post the Form 802 on the City's website and a link to the website that displays the City's Form 802s shall be e-mailed to the FPPC in order for the FPPC to post the link on its website. C. This Policy and the City's Form 802s are public records and are subject to inspection and copying under Government Code Section 81008. Resolution No. 2023-090 - Page 8 of 8