03-01-2011 - Amendment to City Ticket Distribution Policy for C - Item 5 (2).doc City of West Covina
Memorandum
A G E N D A
ITEM NO. 5
DATE March 1, 2011
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Arnold M. Alvarez-Glasman
City Attorney
SUBJECT: AMENDMENT TO CITY TICKET DISTRIBUTION POLICY FOR CITY OFFICIALS
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING THE TICKET DISTRIBUTION POLICY
DISCUSSION:
In 2009, the City adopted a Ticket Distribution Policy addressing how City officials treat tickets that third parties provide to the City and that the City distributes to City officials.
This was required by the State of California after the California Fair Political Practices Committee (“FPPC”) adopted Regulation 18944.1 addressing how local agencies and local officials
treat tickets that the local agency receives from third parties that are distributed among local officials. Recently, the FPPC has amended their regulations to address tickets that
a City official receives to perform a ceremonial function. Therefore, the Ticket Distribution Policy must be amended to modify the language addressing tickets that a City official
receives to perform a ceremonial role at an event.
The current Ticket Distribution Policy addresses tickets that are gratuitously provided to the City by third parties, purchased by the City, provided to the City as a result of a contract
term and then distributed to City officials. The Ticket Distribution Policy does not apply to tickets that the City Official treats as income for State and Federal income tax purposes
or tickets that the City Official pays the fair market value for. In addition, the current Ticket Distribution Policy states that tickets for which a City Official performs a ceremonial
role are exempt from disclosure or reporting requirements. The policy also does not apply if the City Official treats the tickets as a gift and report them on the Official’s Form 700.
The regulation also requires any tickets received by a City Official must be reported on FPPC Form 802 and be disclosed on the City’s website.
Recently, the FPPC amended Regulations 18944.1 and 18942 to address tickets that a City official receives to perform a ceremonial role or function. Regulation 18942(a)(13) provides
that “a ticket or pass, provided to an official for his or her admission to an event at which the official performs a ceremonial role or function on behalf of the agency, so long as
the official complies with the posting provisions set forth in subdivision (c) of Regulation 18944.1” is not considered a gift that is reportable on the City Official’s Form 700. Therefore,
tickets received by a City Official for the purpose of performing a ceremonial role or function at an event must be reported on Form 802 and posted on the City’s website in a manner
similar to the tickets distributed under the Ticket Distribution Policy, or the City Official may treat the ticket as a gift and report it on his or her Form 700.
CONCLUSION:
Therefore, if a City Official receives a ticket to perform a ceremonial function at an event, the ticket will not be considered a gift but will be subject to the Ticket Distribution
Policy. Tickets received by City Officials to perform a ceremonial role or function must be reported on a Form 802 and be disclosed on the City’s website in a manner similar to other
tickets distributed under the Ticket Distribution Policy, or must be considered a gift and be reported on the City Official’s Form 700.
Prepared by: Approved Via Email
Anthony Marinaccio
Deputy City Attorney
Reviewed/Approved by: Approved Via Email
Arnold M. Alvarez-Glasman
City Attorney
Attachments:
Attachment 1 – Resolution Amending the City Ticket Policy