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HomeMy WebLinkAbout06 - Update to City Council Policy F-27 - Policy and Procedures for City Distribution of Tickets or PassesPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN September 10, 2019 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk TITLE: Resolution No. 2019-79: Update to City Council Policy F-27 — Policy and Procedures for City Distribution of Tickets or Passes ABSTRACT: City Council Policy F-27 (Policy and Procedures for City Distribution of Tickets or Passes) has been amended by the Fair Political Practices Commission ("FPPC"). Therefore, City Council Policy F-27 will need to be amended to be consistent with the FPPC's regulation relative to the distribution of tickets or passes. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2019-78, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-27 "Policy and Procedures for City Distribution of Tickets or Passes" to Include Newly Adopted Fair Political Practices Commission Rules. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The current version of City Council Policy F-27 (Policy and Procedures for City Distribution of Tickets or Passes) outlines the procedure for the disposition of tickets or passes to City officials in furtherance of a government purpose. However, on May 21, 2019, the FPPC revised the rules related to the distribution of tickets and passes provided to City officials. Most importantly, the FPPC revised Title 2, Division 6, Chapter 9.5, Section 18944.1(b)(4) of the California Code of Regulations, which will require the City to modify City Council Policy F-27, to prohibit "the disproportionate use of tickets or passes by a member of the governing body, chief administrative officer of the agency, political appointee, or department head." The staff report to the FPPC mentioned that this new provision was designed to prevent abuse. 6-1 Update to City Council Policy F-27 - Policy and Procedures for City Distribution of Tickets or Passes September 10, 2019 Page 2 The practical effect of this change is that tickets distributed through this Policy will no longer be allocated by priority and instead utilize a "first-come first -serve" basis to adhere to the revised FPPC provisions. NVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Current City Council Policy F-27 Attachment B — Proposed City Council Policy F-27 (redline) Attachment C — Resolution No. 2019-79 Attachment D — California Code of Regulations Section 18942 Attachment E — California Code of Regulations Section 18944.1 6-2 ATTACHMENT A F-27 POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES Background The Newport Beach City Council, Boards, Commissions and officials are subject to certain laws and regulations pertaining to gifts. The Fair Political Practices Commission ("FPPC") enforces the provisions of the Political Reform Act contained in Government Code Section 81000 et seq., as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et seq. Purpose The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the citizens and interest groups within the City. This policy outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose. It implements the directives of FPPC regulations and establishes procedures as required by Section 18944.1, for the acceptance and/or distribution of tickets or passes by the City. This policy also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC forms. I. DEFINITIONS A. Unless otherwise provided herein, words and terms used in this Policy shall have the same meaning as that contained in the Political Reform Act of 1974 and the FPPC Regulations, as the same may be from time -to -time amended. B. "Beneficial use for official City business" means a use that will further a legitimate City purpose and assist the City in carrying out its mission, programs or goals. Beneficial uses include those governmental purposes set forth in Section II, Policy Pertaining to Tickets and Passes, below. Where not specifically listed, beneficial uses are to be determined on a case-by-case basis. C. "City Manager' means the City Manager or his/her designee. 1 6-3 F-27 D. "City Official" means any City elected official, appointed official, or person designated in the City's Conflict of Interest Code. E. "Gift" means anything of value, including meals, for which the recipient has not provided equal or greater value in return. A gift includes a rebate or discount in the price of anything unless the rebate or discount is made in the regular course of business to members of the public. A gift does not include de minimis gifts of food or incidental items, such as snacks, pens, etc., so long as the cumulative value of such gift does not exceed $50 in a calendar year from any one source. A gift does not include a ticket or pass subject to Section II, Policy Pertaining to Tickets or Passes, as set forth below. F. "In the course of official City duties" means pursuant to a persons City job responsibilities, or because of a persons City position. G. "Ticket or pass" is defined as the means for admission to a facility, event, show or performance for an entertainment, amusement, recreational or similar purpose, if the ticket or pass is either gratuitously provided to the City by an outside source; purchased by the City; acquired by the City as consideration for use of a City venue; or acquired and distributed by the City in any other manner. II� Wel146780ataW.1111ILIIILI[O 11011lC�l NWIT91NirJ:TX�1.1 A. Public Purpose. 1. Attendance at functions within the City and functions otherwise relevant to the performance of City business that assist the City in carrying out its mission, programs or goals are reasonably necessary for accomplishing the legitimate purposes of City government. The City actively supports various philanthropic, cultural, civic, and business development organizations and programs within the City and throughout Orange County. City Official attendance at such functions support legitimate public purposes pursued by the City. Therefore, attendance at all such functions are considered to accomplish the public purposes of city governance consistent with state law and specifically with section 18944.1 of Title 2 of the California Code of Regulations. 2 F-27 2. Examples of legitimate public purposes accomplished by the distribution of tickets or passes pursuant to this policy include, but are not limited to, the following: • Promotion of local and regional businesses and economic development within the City, including conventions, conferences and annual meetings • Promotion of City -controlled or sponsored events, activities or programs; • Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs; • Marketing promotions highlighting the achievements of local residents and businesses; • Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities; • Promotion of public facilities available for City resident use; • Promotion of City growth and development, including economic development and job creation opportunities; • Promotion of City landmarks and/or community events; • Promotion of special events in accordance with any City contract; • Exchange programs with foreign officials and dignitaries; • Promotion of City recognition, visibility and/or profile on a local, state, national or worldwide scale; • Promotion of open government by City official appearances, participation and/or availability at business or community events; • Sponsorship agreements involving private events where the City specifically seeks to enhance the City's reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents; • All written contracts where the City, as a form of consideration, has required that a certain number of tickets or passes be made available for its use • Employment retention programs; • Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel and other civil service occupations; • Charitable 501(c) (3) fundraisers for the purpose of networking with other community and civic leaders or; and • Any purpose similar to above included in any City contract. 3 6-5 F-27 3. If a particular event for which tickets or passes are distributed by the City does not fall under one of the above express categories, it shall be considered to fulfill the public purposes of this policy if it achieves the general policy set out in Section 1 above as determined on a case-by-case basis. B. Distribution of Tickets or Passes by the City. 1. Where a ticket or pass is received by the City from an outside source for distribution to City Officials, the distribution of the ticket or pass shall be made consistent with this policy. 2. Tickets or passes shall be distributed under this policy at the sole discretion of the City pursuant to this policy. Tickets or passes may not under any circumstances be earmarked for distribution by any outside source. 3. A ticket or pass may only be distributed by the City under this policy if it serves a public purpose as defined above. If the ticket or pass does not serve a public purpose it shall be returned to its source or shall be given to a non-profit organization that is active within the City. The City Manager shall make the necessary determinations under this policy. 4. The City shall use the following procedure for distributing tickets or passes consistent with this policy: a. Once received, the tickets or passes shall be offered to the Mayor and Members of the City Council for a brief window of opportunity as determined in relation to the timing of the event. b. After that brief window of opportunity has lapsed, any remaining tickets or passes shall be offered to the relevant board or commission membership that are involved in the program or event being promoted during a second brief window of opportunity. C. Once that second brief window of opportunity has lapsed, any remaining tickets or passes shall be offered to department heads during a third brief window of opportunity. d. Once that third brief window of opportunity has lapsed, any remaining tickets or passes shall be offered to all city employees on a first-come first -serve basis. n F-27 e. Any tickets or passes that remain shall be returned to the source of the tickets or passes or distributed to a 501(c) (3) non-profit, charitable organization that does business within the City. C. Responsibilities of City Manager and City Clerk. 1. The City Manager shall manage the receipt, distribution and accounting for all tickets or passes subject to this Policy. 2. Upon distribution of a ticket or pass pursuant to this Policy, the City Manager shall either complete FPPC Form 802, Tickets Provided by Agency Report, or provide sufficient information to the City Clerk so that the Clerk may complete the form. 3. No later than thirty (30) calendar days from the distribution of the ticket or pass or approval of this policy, which -ever date last occurs, the City Clerk, shall post the FPPC Form 802 on the City website. 4. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation. 5. The City Clerk shall cause this Policy to be posted on the City website as soon as reasonably possible after its adoption and shall see to it that the most current version of this Policy is in a prominent fashion on the City website as soon as reasonably possible. D. Other Provisions. 1. A City official may return any ticket or pass unused to the City Manager for redistribution pursuant to this Policy. 2. Only a City Council Member and the City Manager may request distribution of a ticket or pass to a particular person and such distribution must accomplish a public purpose set forth in Section II.A. All other recipients shall be determined by the City Manager pursuant to procedures established by this Policy. 5 6-7 F-27 E. Restrictions. Tickets or passes distributed to a City Official pursuant to this Policy shall not be: 1. Transferred to any other person, except to members of the official's immediate family or no more than one guest solely for their attendance at the event; or 2. Sold or exchanged for any consideration. F. Tickets or Passes Distributed Pursuant to this Policy Not Reportable on FPPC Form 700. If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a gift to the recipient and shall not be reportable as a gift on FPPC Form 700. History Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards) Reaffirmed A-8 - 02-14-1972 Amended A-8 -12-10-1973 Amended A-8 -11-11-1974 Amended A-8 - 02-23-1981 Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use) Amended F-27 - 05-12-2015 T .: ATTACHMENT B POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES Background The Newport Beach City Council, Boards, Commissions and officials are subject to certain laws and regulations pertaining to gifts. The Fair Political Practices Commission ("FPPC") enforces the provisions of the Political Reform Act contained in Government Code Section 81000 et seq., as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et seq. Purpose The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the citizens and interest groups within the City. This Ppolicy outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose. It implements the directives of FPPC regulations and establishes procedures as required by Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code of Regulations, for the acceptance ander distribution of tickets or passes by the City. This Ppolicy also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC forms. I. DEFINITIONS A. Unless otherwise provided herein, words and terms used in this Policy shall have the same meaning as that contained in the Political Reform Act of 1974 and the FPPC Regulations, as the same may be from time -to -time amended. B. "Beneficial use for official City business" means a use that will further a legitimate City purpose and assist the City in carrying out its mission, programs or goals. Beneficial uses include those governmental purposes set forth in Section II, Policy Pertaining to Tickets and Passes, below. Where not specifically listed, beneficial uses are to be determined on a case-by-case basis. C. "City Manager" means the City Manager or his/her designee. .• D. "City Official" means any City elected official, appointed official, or person designated in the City's Conflict of Interest Code. E. "Gift" means anything of value, including meals, for which the recipient has not provided equal or greater value in return. A gift includes a rebate or discount in the price of anything unless the rebate or discount is made in the regular course of business to members of the public. A gift does not include de minimis gifts of food or incidental items, such as snacks, pens, etc., so long as the cumulative value of such gift does not exceed $50 in a calendar year from any one source. A gift does not include a ticket or pass subject to Section II, Policy Pertaining to Tickets or Passes, as set forth below. F. "In the course of official City duties" means pursuant to a persons City job responsibilities, or because of a persons City position. F -G. "Pass" means 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. G.H. "Ticket ass"rs definedmeans anythin that hat provides access, entry, 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 the ticket provides as the means for- admission to a facility, event, show or performance for an entertainment, -amusement, Teer-eat-- -- either gratuitously provided to the City by an outside source:2D purchased by the City; aEgiir-ed by the City as censider-atio for- use of a Cityvenue; ; - „ 1,,;,.,,,] and distr-ibuted by the City in any othef manner. II. POLICY PERTAINING TO TICKETS OR PASSES A. Public Purpose. 1. Attendance at functions within the City and functions otherwise relevant to the performance of City business that assist the City in carrying out its mission, programs or goals are reasonably necessary for accomplishing the legitimate purposes of City government. The City actively supports various philanthropic, cultural, civic, and business development organizations and programs within the City and throughout Orange County. City Official attendance at such functions support legitimate 6-10 public purposes pursued by the City. Therefore, attendance at all such functions are considered to accomplish the public purposes of city governance consistent with state law and specifically Title 2, Division 6, Chapter 9.5, h Ssection 18944.1 of Title 2 of the California Code of Regulations. 2. Examples of legitimate public purposes accomplished by the distribution of tickets or passes pursuant to this PRolicy include, but are not limited to, the following: • Promotion of local and regional businesses and economic development within the City, including conventions, conferences and annual meetingsi • Promotion of City -controlled or sponsored events, activities or programs; • Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs; • Marketing promotions highlighting the achievements of local residents and businesses; • Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities; • Promotion of public facilities available for City resident use; • Promotion of City growth and development, including economic development and job creation opportunities; • Promotion of City landmarks and/or community events; • Promotion of special events in accordance with any City contract; • Exchange programs with foreign officials and dignitaries; • Promotion of City recognition, visibility and/or profile on a local, state, national or worldwide scale; • Promotion of open government by City official appearances, participation and/or availability at business or community events; • Sponsorship agreements involving private events where the City specifically seeks to enhance the City's reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents; • All written contracts where the City, as a form of consideration, has required that a certain number of tickets or passes be made available for its use- • Employment retention programs; 6-11 • Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel and other civil service occupations; • Charitable 501(c) (3) fundraisers for the purpose of networking with other community and civic leaders or; and • Any purpose similar to above included in any City contract. 3. If a particular event for which tickets or passes are distributed by the City does not fall under one of the above express categories, it shall be considered to fulfill the public purposes of this Ppolicy if it achieves the general policy set out in Section 1 above as determined on a case-by-case basis. B. Distribution of Tickets or Passes by the City. 1. Where a ticket or pass is received by the City from an outside source for distribution to City Officials, the distribution of the ticket or pass shall be made consistent with this Ppolicy. 2. Tickets or passes shall be distributed under this Ppolicy at the sole discretion of the City pursuant to this Ppolicy. Tickets or passes distributed under this Policvmay not under any circumstances be shall not be earmarked for distribution to a City Official or person by any outside source. 3. A ticket or pass may only be distributed by the City under this Ppolicy if it serves a public purpose as defined above. If the ticket or pass does not serve a public purpose it shall be returned to its source or shall be given to an active 501(c)R2) non-profit, charitable organization that does businessis awe within the City. The City Manager shall make the necessary determinations under this Ppolicy. 4. Except as provided in Section II, D2, of this policy, gone received, the tickets distributed pursuant to this policy shall be distributed by the City Manager on a first-come first -serve basis, in a manner that is consistent with this Policy and with the restrictions set forth herein. 6-12 6-.5. Any tickets or passes that are not distributed pursuant to this Policy shall be returned to the source of the tickets or passes or distributed to a 501(c)(3) non-profit, charitable organization that does business within the City. C. -; .: .: .— 01— C. Responsibilities of City Manager and City Clerk. 1. The City Manager shall manage the receipt, distribution and accounting for all tickets or passes subject to this Policy. 2. Upon distribution of a ticket or pass pursuant to this Policy, the City Manager shall either complete FPPC Form 802, Tickets Provided by Agency Report, or provide sufficient information to the City Clerk so that the Clerk may complete the form. 3. No later than thirty (30) calendar days from the distribution of the ticket or pass or approval of this pPolicy, which -ever date last occurs, the City Clerk, shall post the FPPC Form 802 on the City website. 4. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation. 5. The City Clerk shall cause this Policy to be posted on the City website as soon as reasonably possible after its adoption and shall see to it that the most current version of this Policy is in a prominent fashion on the City website as soon as reasonably possible. 6-13 D. Other Provisions. 1. A City Oefficial may return any ticket or pass unused to the City Manager for redistribution pursuant to this Policy. 2. Only a City Council Member and the City Manager may request distribution of a ticket or pass to a particular person and such distribution must accomplish a public purpose set forth in Section IIf:A). All other recipients shall be determined by the City Manager pursuant to procedures established by this Policy. E. Restrictions. Tickets or passes distributed to a City Official pursuant to this Policy shall not be: 1. Transferred to any other person, except to members of the official's immediate family or no more than one guest solely for their attendance at the event; or 2. Sold or exchanged for any consideration -.-or 3. Disproportionately used by a member of the City Council, political appointee, department head, or the City Manager. F. Tickets or Passes Distributed Pursuant to this Policv Not Reportable on FPPC Fnrm 700 If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a gift to the recipient and shall not be reportable as a gift on FPPC Form 700. G. Tickets or Passes Not Distributed Pursuant to this Policy include, but are not limi+arl fn - 1. An admission identified in California Code of Regulations, Title 2, Division 6, Chapter 9.5, Section 18942(a)(13) relating to a City Official performing a ceremonial role; 2. A ticket or pass that qualifies as taxable income to the City Official; or 6-14 3. If the City Official reimburses the City for the ticket or pass within thirty (30I days of receipt of the ticket or pass. History Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards) Reaffirmed A-8 - 02-14-1972 Amended A-8 -12-10-1973 Amended A-8 -11-11-1974 Amended A-8 - 02-23-1981 Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use) Amended F-27 - 05-12-2015 Amended F-27 - 09-10-2019 6-15 ATTACHMENT C RESOLUTION NO. 2019-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CITY COUNCIL POLICY F-27 "POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES" TO INCLUDE NEWLY ADOPTED FAIR POLITICAL PRACTICES COMMISSION RULES WHEREAS, the City of Newport Beach ("City") is governed by the Charter of the City of Newport Beach, Newport Beach Municipal Code, and Council Policies; WHEREAS, Council Policy F-27 outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose, and implements the directives of the Fair Political Practices Commission ("FPPC") regulations, WHEREAS, on May 21, 2019, the FPPC adopted revisions to the California Code of Regulations related to the distribution of tickets and passes provided to the City; and WHEREAS, the City Council desires to amend City Council Policy F-27 to be consistent with the newly amended regulations adopted by the FPPC. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends City Council Policy F-27 as provided in Exhibit 1, attached hereto and incorporated by reference. Section 2: All prior versions of the City Council Policy F-27 that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. 6-16 Resolution No. 2019 - Page 2 of 2 Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council find the adoption of this resolution and the amendment of Council Policy F--27 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of September 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 0'- t C , C4�� Aaron C. Harp City Attorney Attachment: Exhibit 1 - Revised City Council Policy F-27 6-17 EXHIBT 1 F-27 POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES Background The Newport Beach City Council, Boards, Commissions and officials are subject to certain laws and regulations pertaining to gifts. The Fair Political Practices Commission ("FPPC") enforces the provisions of the Political Reform Act contained in Government Code Section 81000 et seq., as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et seq. Purpose The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the citizens and interest groups within the City. This Policy outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose. It implements the directives of FPPC regulations and establishes procedures as required by Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code of Regulations, for the acceptance and distribution of tickets or passes by the City. This Policy also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC forms. I. DEFINITIONS A. Unless otherwise provided herein, words and terms used in this Policy shall have the same meaning as that contained in the Political Reform Act of 1974 and the FPPC Regulations, as the same may be from time -to -time amended. B. "Beneficial use for official City business" means a use that will further a legitimate City purpose and assist the City in carrying out its mission, programs or goals. Beneficial uses include those governmental purposes set forth in Section II, Policy Pertaining to Tickets and Passes, below. Where not specifically listed, beneficial uses are to be determined on a case-by-case basis. C. "City Manager" means the City Manager or his/her designee. 1 rollm: F-27 D. "City Official" means any City elected official, appointed official, or person designated in the City's Conflict of Interest Code. E. "Gift" means anything of value, including meals, for which the recipient has not provided equal or greater value in return. A gift includes a rebate or discount in the price of anything unless the rebate or discount is made in the regular course of business to members of the public. A gift does not include de minimis gifts of food or incidental items, such as snacks, pens, etc., so long as the cumulative value of such gift does not exceed $50 in a calendar year from any one source. A gift does not include a ticket or pass subject to Section II, Policy Pertaining to Tickets or Passes, as set forth below. F. "In the course of official City duties" means pursuant to a person's City job responsibilities, or because of a person's City position. G. "Pass" means 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. H. "Ticket" means 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 the ticket provides. II. POLICY PERTAINING TO TICKETS OR PASSES A. Public Purpose. 1. Attendance at functions within the City and functions otherwise relevant to the performance of City business that assist the City in carrying out its mission, programs or goals are reasonably necessary for accomplishing the legitimate purposes of City government. The City actively supports various philanthropic, cultural, civic, and business development organizations and programs within the City and throughout Orange County. City Official attendance at such functions support legitimate public purposes pursued by the City. Therefore, attendance at all such functions are considered to accomplish the public purposes of city governance consistent with state law and specifically Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code of Regulations. 2 6-19 F-27 2. Examples of legitimate public purposes accomplished by the distribution of tickets or passes pursuant to this Policy include, but are not limited to, the following: • Promotion of local and regional businesses and economic development within the City, including conventions, conferences and annual meetings; • Promotion of City -controlled or sponsored events, activities or programs; • Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs; • Marketing promotions highlighting the achievements of local residents and businesses; • Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities; • Promotion of public facilities available for City resident use; • Promotion of City growth and development, including economic development and job creation opportunities; • Promotion of City landmarks and/or community events; • Promotion of special events in accordance with any City contract; • Exchange programs with foreign officials and dignitaries; • Promotion of City recognition, visibility and/or profile on a local, state, national or worldwide scale; • Promotion of open government by City official appearances, participation and/or availability at business or community events; • Sponsorship agreements involving private events where the City specifically seeks to enhance the City's reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents; • All written contracts where the City, as a form of consideration, has required that a certain number of tickets or passes be made available for its use; • Employment retention programs; • Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel and other civil service occupations; • Charitable 501(c)(3) fundraisers for the purpose of networking with other community and civic leaders or; and • Any purpose similar to above included in any City contract. �? 6-20 F-27 3. If a particular event for which tickets or passes are distributed by the City does not fall under one of the above express categories, it shall be considered to fulfill the public purposes of this Policy if it achieves the general policy set out in Section 1 above as determined on a case-by-case basis. B. Distribution of Tickets or Passes by the City. 1. Where a ticket or pass is received by the City from an outside source for distribution to City Officials, the distribution of the ticket or pass shall be made consistent with this Policy. 2. Tickets or passes shall be distributed under this Policy at the sole discretion of the City pursuant to this Policy. Tickets or passes distributed under this Policy shall not be earmarked for distribution to a City Official or person by any outside source. 3. A ticket or pass may only be distributed by the City under this Policy if it serves a public purpose as defined above. If the ticket or pass does not serve a public purpose it shall be returned to its source or shall be given to an active 501(c)(3) non-profit, charitable organization that does business within the City. The City Manager shall make the necessary determinations under this Policy. 4. Except as provided in Section II, D2, of this Policy, once received, tickets distributed pursuant to this policy shall be distributed by the City Manager on a first-come first -serve basis, in a manner that is consistent with this Policy and with the restrictions set forth herein. 5. Any tickets or passes that are not distributed pursuant to this Policy shall be returned to the source of the tickets or passes or distributed to a 501(c)(3) non-profit, charitable organization that does business within the City. C. Responsibilities of Cfty Manager and Ci!y Clerk. 1. The City Manager shall manage the receipt, distribution and accounting for all tickets or passes subject to this Policy. n L' 6-21 F-27 2. Upon distribution of a ticket or pass pursuant to this Policy, the City Manager shall either complete FPPC Form 802, Tickets Provided by Agency Report, or provide sufficient information to the City Clerk so that the Clerk may complete the form. 3. No later than thirty (30) calendar days from the distribution of the ticket or pass or approval of this Policy, whichever date last occurs, the City Clerk, shall post the FPPC Form 802 on the City website. 4. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation. 5. The City Clerk shall cause this Policy to be posted on the City website as soon as reasonably possible after its adoption and shall see to it that the most current version of this Policy is in a prominent fashion on the City website as soon as reasonably possible. D. Other Provisions. 1. A City Official may return any ticket or pass unused to the City Manager for redistribution pursuant to this Policy. 2. Only a City Council Member and the City Manager may request distribution of a ticket or pass to a particular person and such distribution must accomplish a public purpose set forth in Section II(A). All other recipients shall be determined by the City Manager pursuant to procedures established by this Policy. E. Restrictions. Tickets or passes distributed to a City Official pursuant to this Policy shall not be: 1. Transferred to any other person, except to members of the official's immediate family or no more than one guest solely for their attendance at the event; 2. Sold or exchanged for any consideration; or 5 6-22 F-27 3. Disproportionately used by a member of the City Council, political appointee, department head, or the City Manager. F. Tickets or Passes Distributed Pursuant to this Policy Not Reportable on FPPC Form 700. If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a gift to the recipient and shall not be reportable as a gift on FPPC Form 700. G. Tickets or Passes Not Distributed Pursuant to this Policy include, but are not limited to: 1. An admission identified in California Code of Regulations, Title 2, Division 6, Chapter 9.5, Section 18942(a)(13) relating to a City Official performing a ceremonial role; 2. A ticket or pass that qualifies as taxable income to the City Official; or 3. If the City Official reimburses the City for the ticket or pass within thirty (30) days of receipt of the ticket or pass. History Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards) Reaffirmed A-8 - 02-14-1972 Amended A-8 -12-10-1973 Amended A-8 -11-11-1974 Amended A-8 - 02-23-1981 Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use) Amended F-27 - 05-12-2015 Amended F-27 - 09-10-2019 0 6-23 ATTACHMENT D (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.) § 18942. Exceptions to Gift and Exceptions to Gift Limits. (a) For purposes of Sections 82028, 82030, and the gift regulations, except as otherwise indicated, the following payments that otherwise meet the definition of gift as provided in Section 82028, subdivision (a) are neither gifts nor income: (1) Informational material as defined by Regulation 18942.1. (Section 82028(b)(1).) (2) A payment that is not used and that, pursuant to Regulation 18941 is returned, donated, or for which reimbursement is paid. (Section 82028(b)(2).) (3) A payment from: the official's spouse or former spouse; child or step -child; parent; grandparent; grandchild; brother; sister; current or former parent -in-law, brother-in-law, or sister- in-law; nephew; niece; aunt or uncle; including grand nephew, grand niece, grand aunt, or grand uncle, or first cousin including first cousin once removed or the spouse, or former spouse, of any such person other than a former in-law, unless the donor is acting as an agent or intermediary for any person not identified in this paragraph. (Section 82028(b)(3).) (4) A campaign contribution required to be reported under Chapter 4 of the Act (commencing with Section 84100). (Section 82028(b)(4).) (5) Any devise or inheritance. (Section 82028(b)(5).) (6) A personalized plaque or trophy valued at less than $250. (Section 82028(b)(6).) (7)(A) The cost of home hospitality, as defined in Regulation 18942.2, provided to an official by an individual in the individual's home when the individual is present, unless one of the following provisions applies: 6-24 (i) Any part of the cost of the hospitality provided by the host is paid directly or reimbursed by another person. (ii) Any person deducts any part of the cost of such hospitality as a business expense on any government tax return. (iii) There is an understanding between the individual extending the hospitality and another person that any amount of compensation the individual receives from that person includes a portion to be utilized to provide gifts of hospitality in the individual's home. (B) In determining the applicability of subparagraph (A), the following apply: (i) The cost of providing hospitality does not include any part of the value or rental cost of the home nor does it include any depreciation value on the home where the hospitality is extended. (ii) An official may presume that the cost of home hospitality is paid by the host unless the host discloses to the official, or it is clear from the surrounding circumstances at the time the hospitality is provided, that a person, other than the host, paid the cost of the hospitality. (8)(A) Benefits commonly exchanged between an official and an individual who is not a lobbyist who is registered to lobby the official's agency, on a holiday, birthday, or other occasions, including reciprocal exchanges as identified in subparagraph (B) below where benefits are commonly exchanged, to the extent that the value of the benefits exchanged is not substantially disproportionate and includes food, entertainment, and nominal benefits provided to guests at an event, by an honoree or another individual, other than a lobbyist, hosting the event. (B) Reciprocal Exchanges made in a social relationship between an official and another individual, who is not a lobbyist who is registered to lobby the official's agency, with whom the official participates in repeated social events or activities such as lunches, dinners, rounds of 2 6-25 golf, attendance at entertainment or sporting events, where the parties typically rotate payments on a continuing basis so that, over time, each party pays for approximately his or her share of the costs of the continuing activities, so long as the total value of payments received by the official within the calendar year is not substantially disproportionate to the amount paid by the official. If the official receives a disproportionate amount relative to what the official paid, the official has received a gift for the excess amount. This reciprocal exchange payment provision does not apply to any single payment that is equal to or greater than the amount specified in Regulation 18940.2. (9) Leave credits, including vacation, sick leave, or compensatory time off, donated to the official in accordance with a bona fide catastrophic or similar emergency leave program established by the official's employer and available to all employees in the same job classification or position except for donations of cash. (10) Payments received under a government agency program or a program established by a bona fide charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients if the payments are available to members of the public without regard to official status. (11) Admission, where paid admission is required, food, and nominal items provided as part of the paid admission to those attending, to an official where the official makes a speech (as defined in Regulation 18950 (b)(2)) is not a "payment" as defined in Section 82044 so long as the admission is provided by the person who organizes the event. For purpose of this subdivision, nominal means an insignificant item typically purchased in large volume and 3 6-26 provided for free as a means of advertisement at events, such as a pen, pencil, mouse pad, rubber duck, stress ball, note pad, or similar item. (12) Payments for campaign activities as specified in Regulation 18950.3. (13) A ticket provided to an official and one guest of the official for his or her admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose at which the official performs a ceremonial role on behalf of his or her agency, as defined in Regulation 18942.3, so long as the official's agency complies with the posting provisions set forth in Regulation 18944.1, subdivision (f). Any official who attends the event as part of his or her job duties to assist the official who is performing the ceremonial role has not received a gift or income by attending the event. (14) A prize or award received in a manner not related to the official's status in a bona fide contest, competition, or game of chance. A prize or award that is not reported as a gift shall be reported as income unless the prize or award is received as a winning from the California State Lottery. (15) Benefits received as a guest attending a wedding or civil union so long as the benefits are substantially the same as the benefits received by the other guests attending the event. (16) Bereavement offerings typically provided in memory of and concurrent with the passing of a spouse, parent, child, or sibling or other relative of the official. (17) Acts of Neighborliness. A service performed, such as a loan of an item, an occasional needed ride, personal assistance in making a repair, bringing in the mail or feeding the cat while the official is away, and other similar acts of ordinary assistance consistent with 4 6-27 polite behavior in a civilized society that would not normally be part of an economic transaction between like participants under similar circumstances. (18)(A) Bona Fide Date or Dating Relationship. Personal benefits commonly exchanged between people on a date or in a dating relationship, unless the individual providing the benefit to the official is listed under (D)(i-iii) below. If the benefit is from an individual listed under (D)(i-iii) the benefit is a gift that is not reportable or subject to limits but the aggregate value is subject to the Act's conflict of interest provisions if the value meets the amount specified in Regulation 18940.2. (B) Acts of Human Compassion. Payments provided to an official, or an official's family member, by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or other unexpected calamity; or to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child, so long as the source of the donation is an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor, co-worker or former co-worker, member of the same local religious or other similar organization, etc.), or the payment is made without regard to official status under other circumstances in which it would be common to receive community outreach, unless the individual providing the benefit to the official is listed under (D)(i-iii) below. (C) A payment provided to an official by an individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency, unless the individual providing the benefit to the official is listed under (D)(i-iii) below. 5 6-28 (D) The limitations placed on the exceptions contained within this paragraph (18) apply to the following persons: (i) A lobbyist, lobbying firm, lobbyist employer, or other person required to file reports under Chapter 6 (commencing with Section 86 100) of the Act and who is registered to lobby the official's agency. (ii) A person who has, or may reasonably foreseeably have, a contract, license, permit, or other entitlement for use pending before the official's agency, and for 12 months following the date a contract is signed or a final decision is rendered in the proceeding, if the official makes or participates in making a governmental decision, as defined in the Act's conflict of interest regulations (Regulation 18702 et seq.) regarding the contract, license, permit, or other entitlement for use. (iii) A person, or an agent of a person, involved in a licensing or enforcement proceeding before a regulatory agency that employs the official and in which the official may reasonably foreseeably participate, or has participated, within 12 months of the time the gift is made. (19) Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made that the official makes or participates in the type of governmental decisions that may have a reasonably foreseeable material financial effect on the individual who would otherwise be the source of the gift. 89503: (b) The following gifts are exempt from the limitations on gifts described in Section 11 6-29 (1) Payments for transportation, lodging, and subsistence that are exempt from limits on gifts by Section 89506. (2) Wedding gifts. Note: Authority cited: Section 83112, Government Code. Reference: Sections 82028, 86113, 86203, 87100, 87103, 87207, 87302 and 89503, Government Code. HISTORY 1. New section filed 1-12-94; operative 1-12-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 2). 2. Change without regulatory effect relocating section filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46). 3. Amendment of subsections (b) -(b)(2) and amendment of Note filed 10-23-96; operative 10- 23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 4. New subsections (a)(9) and (a)(10), subsection renumbering and amendment of subsection (b)(2) filed 4-15-98; operative 4-15-98 pursuant to 2CCR section 18312(e) (Register 98, No. 16). 5. Amendment filed 5-25-2006; operative 6-24-2006. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2006, No. 21). 6. Amendment of section and Note filed 3-19-2010; operative 4-18-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking 7 6-30 requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 12). 7. Amendment of subsection (a)(6) and new subsection (a)(13) filed 9-27-2010; operative 10-27- 2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2010, No. 40). 8. Amendment filed 1-23-2012. Pursuant to California Code of Regulations, title 2, section 18313(e), FPPC has designated an effective date of 1-1-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 4). 9. New subsection (a)(11) and subsection renumbering filed 12-23-2013; operative 1-1-2014 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 52). 10. Change without regulatory effect amending subsection (a)(18)(D) filed 11-24-2014; operative 11-24-2014 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. N 6-31 Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2014, No. 48). 11. Amendment of subsection (a)(13) filed 9-15-2016; operative 10-15-2016. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 38). 01 6-32 ATTACHMENT E Adopt 2 Cal. Code Regs., Section 18944.1 to read: § 18944.1. Gifts: Agency Provided Tickets or Passes. (a) Gift Exemption. A ticket or pass provided to an official by his or her agency and 4 distributed and used in accordance with a policy adopted by the agency is not a gift under the Political Reform Act if all of the followiniz criteria are met: ( 1) The distribution of the ticket or pass by the agency is made in accordance with a policy adopted by the agency that incorporates all of the provisions of subdivision (b) and is maintained as a public record as required in subdivision (c). (2) The distribution of the ticket or pass is reported pursuant to subdivision (d). 10 (3) The ticket or pass is not earmarked by an outside source for use by a specific agency 11 official. (4) The agency determines, in its sole discretion, who uses the ticket or pass. 12 (b) Agency Ticket/Pass Distribution Policy. Any distribution of a ticket or pass under this 13 regulation to, or at the behest of, an agency official must be made pursuant to a written agency 14 ticket distribution policy, duly adopted b t�gislative or governing body of the agency 15 none, the agency head that contains, at a minimum, all of the following_ 16 (1) A provision setting forth the public purposes of the agency for which tickets or passes 17 may be distributed. 18 (2) A provision requiring that the distribution of any ticket or pass to, or at the behest of, 19 an agency official accomplishes a stated public purpose of the agency_ 20 (3) A provision prohibiting the transfer of any ticket received by an agency official 21 pursuant to the distribution policy except to members of the official's immediate family. or no 22 more than one guest solely for their attendance at the event. 5/21/2019 18944.1 Adopt 6-33 (4) A provision prohibitingtproportionate use of tickets or passes by a member of 2 the governing body, political appointee, department head, or chief administrative officer of the 3 agency. 4 (c) Public Record. The policy must be maintained as a public record and is subject to 5 inspection and copying under Section 81008. The agencypost the policy on its website 6 within 30 days of adoption or amendment and send to the Commission by e-mail the agency 7 website link that displays the policy so that the Commission may post the link. 8 (d) Reporting. Within 45 days of distribution of a ticket or pass, the distribution must be 9 reported on a form provided by the Commission. 10 (1) Except as provided in subdivision (d)(2), the information must include the following_ 11 (A) The name of the official receiving the ticket or pass; 12 (B) A description of the event; 13 (C) The date of the event; 14 (D) The fair value of the ticket or pass as that term is defined in Regulation 18946, 15 subdivision (d)(1); 16 (E) The number of tickets or passes provided to each person; 17 (F) If the ticket or pass is behested, the name of the official who behested the ticket; 18 (G) If the ticket was transferred to a person meetingthe he requirements of parte aph (b)(3), 19 the relationship of the transferee; 20 (H) A description of the public purpose under which the distribution was made; and 21 (1) A written inspection report of findings and recommendations by the official receiving 22 the ticket or pass if received for the oversight or inspection of facilities. 2 5/21/2019 18944.1 Adopt 6-34 1 (2) If the ticket or pass is distributed to a department or other unit of the agency, and not 2 used by a member of the governing body, political appointee, department head, or chief 3 administrative officer of the agency, the agency may report the name of the department or other 4 unit of the agency receiving the ticket or pass and the number of tickets or passes provided to the 5 department or unit in lieu of reporting the name of the individual employee as otherwise required 6 in subdivision(d)(1). 7 (3) The forms must be maintained as public records and are subject to inspection and 8 copying under Section 81008(a). The agencypost the form, or a summary of the 9 information on the form, on its website and send to the Commission by e-mail the agency's 10 website link that displays the form so that the Commission may post the website link. 11 (e) Public Purpose. For purposes of subdivision (b)(2), the agency determines whether the 12 distribution of tickets or passes serves a legitimate public purpose of the agency, consistent with 13 state law. However, a ticket or pass distributed to an official for his or her personal use, other 14 than a member of the governing body, political appointee, department head, or chief 15 administrative officer of the agency, to sLipport general employee morale, retention, or to reward 16 public service is deemed to serve a public purpose. For purposes of this paragraph, "personal 17 use" is limited to the official, and his or her family, or no more than one _guest. 18 (f) Application. This regulation applies solely to a ticket or pass, as those terms are 19 defined in Regulation 18946, to an event or function provided by an agency to an official of the 20 agency, or at the behest of an official of that agency. The provisions of this regulation apply only 21 to the benefits the official receives from the ticket or pass that are provided to all members of the 22 public with the same class of ticket or pass. This regulation does not apply to the following_: 5/21/2019 18944.1 Adopt 6-35 1 (1) An admission provided to a school, college, or university district official, coach, 2 athletic director, or employee to attend an amateur event performed by students, which are 3 neither gifts nor income. 4 (2) An admission identified in Regulation 18942(a)(13) relating to an official performing 5 a ceremonial role. 6 (g) Ticket or Pass Received as Income. A ticket or pass is not subject to the provisions of 7 this regulation, and not a gift for purposes of the Act, if it is taxable income to the official. 8 (h) Reimbursement. A ticket or pass is not subject to the provisions of this regulation, and 9 not a gift for purposes of the Act, if the official reimburses the agency for the ticket within 30 10 days of receipt. 11 Note: Authority cited: Section 83112, Government Code. Reference: Section 82028, 12 Government Code. 0 5/21/2019 18944.1 Adopt 6-36