Ticket Policy R-22454 2009-03RESOLUTION NO. 22454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A TICKET
DISTRIBUTION POLICY PURSUANT TO FAIR POLITICAL
PRACTICES COMMISSION REVISED REGULATION
18944.1.
The City Council of the City Palm Springs finds:
A The Fair Political Practices Commission ("FPPC") has adopted revised
Regulation 18944.1 establishing rules by which tickets distributed by local government
agencies to government officials will not constitute reportable gifts under the state
Political Reform Act, and
B. Regulation 18944.1 requires that local government agencies adapt a
written policy governing distribution of tickets to local government officials in order that
receipt of tickets will not necessarily be treated as reportable gifts.
Now therefore, the City Council of the City of Palm Springs adopts the "City of
Palm Springs Ticket Distribution Policy" governing distribution of tickets by the City to
designated city officials:
SECTION 1. Purpose and Findings.
(a) The purpose of this policy is to implement FPPC Regulation 18944.1 by
establishing a framework by which City owned or controlled tickets and passes may be
distributed to City Officials in such manner that the ticket will not constitute a reportable
gift under the Political Reform Act, providing that the ticket/pass is distributed pursuant
to the provisions of this policy.
(b) The City of Palm Springs is located in the Coachella Valley, a multi -jurisdictional
region that attracts tourism from the southern California region, the entire State of
California, and worldwide. The promotion of tourism within the City and the Coachella
Valley is critical to the financial health, cultural vitality, and general welfare of this city
government and to the citizens of the City of Palm Springs-
(c) The City of Palm Springs is one of the oldest, best established, and tradition -rich
communities in Southern California and has qualities that make it a unique and ideal
venue for local, regional, and even national events and festivals, inclusive of many
forms of entertainment, cultural enrichment, and recreation-
(c) Coachella Valley communities, including Palm Springs, possess an inter-
dependent character through cooperation as evidenced by such efforts through the
Coachella Valley Association of Governments and the Palm Springs Desert Resort
Communities Convention and Visitors Authority. City official attendance at events within
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the City and the Coachella Valley area offer an important opportunity to interact, speak,
and engage residents, community leaders, commercial entrepreneurs, and other
business owners and officials from other jurisdictions.
(d) The City Council finds that City Official attendance at such events serves one or
more of the following public purposes having the effect of:
(i) Promoting business activity, growth, development, which in turn increases
sales and real property tax revenue to the City;
(ii) Promotion of City -owned businesses or enterprises_
(iii) Promotion of City, or City sponsored or supported community programs
and/or resources that are available to City residents, such programs and
resources to include volunteer services and charitable/nonprofit
organization programs.
(iv) Promotion of private facilities available for City resident use, including
facilities of charitable/nonprofit organizations.
(v) Promotion of City facilities available for City resident use.
(vi) Promotion of City tourism on a local, state, national or worldwide sole_
(vii) Promotion of City recognition, visibility, and/or profile on a local, state,
national or worldwide scale.
(viii) Promotion of open, visible and accessible government by City Official
appearances, participation and/or availability at an Event.
(ix) Promotion of inter -governmental relations, i.e., cooperation and
coordination of resources between the City and other government
agencies or entities in the Coachella Valley.
(x) Promotion of City attraction and retention of highly qualified employees,
for which any such employee or prospective employee may receive no
more than four (4) Tickets per Event.
(xi) Promotion of public exposure to, and awareness of, the various the
recreational, cultural, and educational venues and facilities available to the
public within the City.
(xii) Meeting and greeting residents and visitors at city held or sponsored
events, and to make observations and suggestions as to the conduct and
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operation of city held events. The City Council therefore finds that city
official attendance at city events inherently serves the public purpose of
assisting in the enhancement of a City run event program-
(e) The City Council finds that City official attendance at the following Events, and
similarly situated events, will in fact serve one or more public purposes as set forth in
subsection (d) of this Section. Palm Springs International Film Festival, Native American
Film Festival, the Dinner in the Canyon sponsored by the Agua Caliente Band of
Cahuilla Indians, Palm Springs Chamber of Commerce Athena Luncheon and State of
the City Address, Palm Springs Air Museum Gala, Desert AIDS Project Steve Chase
Dinner, Palm Springs Police Officers Association Annual Golf Tournament, Palm
Springs Modernism Week Gala and related events, Riverside County Fair and National
Date Festival, the International Tamale Festival, the Coachella and Stagecoach
concerts, the Southwest Arts Festival, the Bob Hope Classic, the Indian Wells
Professional Tennis Tournament, Empire Polo Club concerts, and community benefit
golf tournaments_
SECTION 2. Tickets/Passes Covered By This Policy.
Tickets covered by this policy include those:
(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 the use of a venue incorporating services provided by City;
(d) Distributed by the City in any other manner_
SECTION 3. Role of Agency Head/Covered City Officials; Limitations.
(a) For the purpose of implementing this policy under Regulation 18944.1, the City
Manager shall be the "Agency Head" as that term is used in Regulation 18944.1 _ The
City Manager shall attend each Event, as time may allow, and receive a ticket to attend
each such Event_ The City Manager shall have the authority to establish further specific
procedures for distribution of Tickets in accordance with this policy or in furtherance of
any applicable rule or regulation of the California Fair Political Practices Commission,
Further, the distribution of a ticket or pass by the City Manager, or his/her designee, to,
or at the behest of, a City Official shall accomplish one or more of the public purposes
set forth in Section 1(d),
(b) This policy applies to City distribution of tickets to, or at the behest of, a City
Official. Only the following City Officials shall have the authority to make a behest of
tickets/passes: Councilmembers and Commissioners, the City Manager, Assistant City
Manager, and Department Meads_
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(c) Nothing in this Policy shall be construed to:
(i) limit or in any way change the legal definition of a "Gift" or modify the
applicability of all FPPC regulations to City Officials, including but not
limited to Title 2 of the California Code of Regulations, Section 18946.4;
(ii) limit or in any way modify the accountability of City Officials for the funding
and support that the City contributes to any Event;
(iii) apply to any item of value provided to a City Official upon or incident to an
admission or entry via a particular Ticket, regardless of whether the City
Official received said item of value gratuitously or in exchange for
consideration;
(iv) apply to a Ticket purchased by a City Official from a third party or non -City
entity presenting or hosting an Event upon payment by the City Official in
question of that Ticket's full value per FPPC regulations;
(v) apply to a Ticket that is obtained by a City Official per this Policy when the
City Official reimburses the City for that Ticket's full value per FPPC
regulations; or
(vi) apply to a Ticket to an Event received by a City Official from a third party
or non -City entity presenting or hosting an Event at which the City Official
receiving the Ticket performs a ceremonial role or function on behalf of the
City.
SECTION 4. When Tickets/Passes Are Not A Reportable Gift.
In addition to the specific events described in Section 1(e) of this Policy, Tickets
distributed to City Officials shall not constitute a Gift under the following situations:
(a) Ceremonial Function. A Ticket or pass to an Official wherein the Official
performs a ceremonial function or role on behalf of the City;
(b) Ticket as Taxable Income. A Ticket or pass is treated by the Official as taxable
income, and the City reports the item as reportable income.
(c) Official Pays Face Value for Ticket. If the City Official elects to pay face value for
ticket at the time of city distribution of the ticket to the official, the ticket shall not
constitute gift. In this instance, a disclosure of the ticket on the website is not required.
(d) Distribution of Ticket pursuant to City Policy/Public Purpose served. Distribution
of a Ticket to a City Official when advancing a public purpose under this policy shall not
constitute a gift, provided the following requirements are met:
(i) Where the Ticket is from an outside source, the source has not designated
which official may use the ticket; the Agency Head determines which
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official may use the ticket; and the distribution falls within any of the
Events described in Section 1, or is otherwise found by the City Manager
to promote a public purpose.
(ii) Where the City Ticket derives from a contract for use of City property
because City controls the event, or is otherwise purchased by City, then
distribution of the ticket falls within any of the events described in Section
1, or is otherwise found by the City Manager to promote a public purpose_
SECTION 8. Transfer of Tickets/Passes Prohibited.
A City Official receiving a ticket or pass from the City for which the Official will be
advancing a public purpose pursuant to Section 1 is prohibited from transferring or
giving such Ticket to any other person, excepting members of the Official's Immediate
family solely for their personal use.
SECTION 6. Policy Limited to Just Tickets/Passes.
Pursuant to FPPC Regulation 18944.1(f), this policy applies only to tickets and is not
applicable to any other benefits received as a part of admission, such as food and
beverages.
SECTION 7. Reporting and Disclosure.
(a) This policy shall be prominently posted on the City Website;
(b) It shall be the duty of the City Manager or his/her designee to ensure the City's
compliance with Subsection (d) of Section 18944.1 of the California Code of
Regulations pertaining to the reporting of the distribution of tickets by the City. The City
Manager shall timely file completed reports with the City Clerk.
(c) The City Clerk shall make all filed reports available for public review and
inspection during posted business hours for a period of two (2) years, and shall cause
such reports to be posted on the City's Website for a period of at least 30 days, unless a
specific duration is otherwise provided for, and shall include the information required
under Regulation 18944.1(d).
SECTION 8. Definitions.
(a) "City" shall mean the City of Palm Springs, the Redevelopment Agency of the
City of Palm Springs, and any other affiliated agency created or activated by the City
Council of the City of Palm Springs.
(b) "City Manager" means the City Manager of the City of Palm Springs or the City
Manager's designee. The term "City Manager" shall be the same as "Agency Head" as
such term is used in Regulation 18944.1 -
Resolution Na_ 22454
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(c) "City Official" shall mean the City's "public officials" as that term is defined by
Government Code section 82048 and Title 2 of the California Code of Regulations,
section 18701.
(d) "Event" shall mean local, regional, national, and worldwide events and festivals,
inclusive of any form of entertainment, cultural enrichment, and recreation.
(e) "Gift" shall mean "gifts" as that term is defined by Government Code section
82028 and applicable FPPC regulations.
(f) "immediate family" means the spouse, registered domestic partner, and/or
dependent children of a City Official.
(g) "Ticket" or "tickets" means any ticket, pass, or form of admission privilege that
entitles a holder to attend, enter, or participate in an Event.
ADOPTED THIS 25r" DAY OF MARCH, 2009
David H. Ready, Cit, Heger
ATTEST:
jm�e—sT�hom�pson,City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22454 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of balm Springs on the 25th day of March, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet,
NOES: None.
ABSENT: None.
ABSTAIN: None. 7 A
�apes Thompson, City Clerk
ity of Palm Springs, California z)jol �