El Monte Municipal Code Ch. 2.80 Complimentary Ticket and Pass 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 the Fair Political Practices Commission ("FPPC") through Section 18944.1 of California Code of Regulations ("Section 18944.1").

(Res. No. 9356, § 2, 1-8-2013)

A. "City" or "City of El Monte" means and includes the City of El Monte, and any other affiliated agency created or activated by the City Council, and any other departments, boards, and commissions thereof.

B. "City official" means and includes every official, agent, employee, or other persons as defined in Government Code Section 82048.

C. "City venue" means and includes any facility owned, controlled, or operated by the city.

D. "Immediate family" means and refers to the spouse and dependent children of the city official. The term "spouse" includes registered domestic partners recognized by state law and dependent children shall mean a child, including an adoptive child or stepchild, of a city official who is under eighteen (18) years old and who the city official is entitled to claim as a dependent on his or her federal tax return.

E. "Ticket" and "pass" shall mean and refer to those terms as defined in Section 18944.1, as amended from time to time.

(Res. No. 9356, § 2, 1-8-2013)

A. This policy applies to the distribution of all tickets or passes that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purposes provided by the city, or at the behest of an official of that agency.

B. This policy governs the distribution of complimentary tickets and passes received by the city that are either:

1. Gratuitously provided to the city by an outside source;

2. Acquired by the city by purchase at fair market value;

3. Acquired by the city as consideration pursuant to the terms of a contract; or

4. Acquired and distributed by the city in any other manner.

C. This policy does not apply to:

1. Any other item of value provided to the city or any city official, regardless whether received gratuitously or for which consideration is provided.

2. Tickets or passes provided to the city official by sources other than the city.

3. A ticket or pass received by a city official where both the city official and the city treat and report the value of the ticket or pass as income consistent with applicable state and federal income tax laws and the ticket or pass is reported as income pursuant to the provisions of this policy.

(Res. No. 9356, § 2, 1-8-2013)

A ticket or pass provided to a city official as part of his or her official duties, or a ticket or pass provided so that the city official may perform a ceremonial role or function on behalf of the city is not a gift and is exempt from any disclosure or reporting requirements to the extent provided by Section 18944.1. This policy shall not apply to such tickets or passes.

(Res. No. 9356, § 2, 1-8-2013)

A. No Right to Tickets. 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. 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.

C. Prohibition Against Sale of or Receiving Reimbursement for Tickets. 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.

(Res. No. 9356, § 2, 1-8-2013)

Subject to the provisions of this policy, complimentary tickets or passes may be distributed to public officials under any one of the following conditions:

A. The city official reimburses the city for the face value of the tickets or passes.

B. The city official treats the tickets or passes as income consistent with applicable federal and state income tax laws and the tickets or passes are reported as income pursuant to the provisions of this policy.

C. The distribution of tickets or passes to, or at the behest of, a city official for public use accomplishes or furthers 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 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.

4. Economic or business development purposes on behalf of the city.

5. Promotion of city resources and/or facilities available to city 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,

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 El Monte 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 El Monte 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 El Monte 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 policy.

(Res. No. 9356, § 2, 1-8-2013)

A. Only the following city officials shall have the authority to behest tickets or passes: City Council Members, the City Manager, the Assistant City Manager and departments heads.

B. Tickets or passes shall be distributed at the behest of a city official only for one or more of the public purposes set forth in Section 2.80.060.C above.

C. If the tickets or passes are distributed at the behest of a city official, such city official shall not sue one of the tickets or passes so distributed to attend the event.

(Res. No. 9356, § 2, 1-8-2013)

A. Form 802 reports required by Section 18944.1 shall be maintained as a public record and subject to inspection and copying under Gov. Code Section 81008(a) and forwarded to the FPPC for posting on its website.

B. The city may also post this policy and form 802 reports on the city's website.

C. Tickets distributed by the city for which the city receives reimbursement from the city official shall not be subject to the disclosure provisions set forth herein.

(Res. No. 9356, § 2, 1-8-2013)