Oakland Municipal Code Ch. 2.26 Ticket Distribution Policy

This chapter shall be known as the City of Oakland Ticket Distribution Policy.

(Ord. No. 13687, 5-3-2022)

A. This Chapter is adopted pursuant to Section 18944.1 of Title 2 of the California Code of Regulations as the written ticket distribution policy for the City of Oakland. This Chapter governs the distribution of tickets by all departments and offices of elected officials and supersedes any ticket distribution policy or procedures adopted by City Council or City department.

B. This Chapter articulates the public purpose, requirements, and restrictions for the distribution of City tickets to accomplish the following objectives:

1. Ensure that the City's distribution of tickets to and at the behest of public servants complies with state law exempting such tickets from gift reporting requirements and limits; and

2. Ensure that tickets, which are City resources, are appropriately distributed to public servants or non-City individuals for City purposes, as defined by this Chapter.

(Ord. No. 13687, 5-3-2022)

A. Unless expressly defined in this Chapter, the words and terms used in this Chapter have the same meaning as those defined or used in the Oakland Government Ethics Act or the California Political Reform Act (Government Code Sections 81000 et seq.), as amended, and Fair Political Practices Commission Regulations (Title 2, Sections 18110 et seq., of the California Code of Regulations), as amended.

B. "City" or "City of Oakland" means and includes the City of Oakland and any of its departments, boards, and commissions.

C. "City Ticket" means any ticket or pass received by the City pursuant to the terms of a contract for use of public property; offered by the City to officials for a City-controlled event; purchased by the City as a lawful expenditure of City money; or obtained by the City from an outside source that did not earmark the tickets for use by a particular official, and the City determines, in its sole discretion, who will receive the ticket.

D. "Elected Official" means the Mayor, City Councilmembers, the City Attorney, and the City Auditor.

E. "Immediate Family" means a person's spouse or registered domestic partner and dependent children.

F. "Public Servant," as defined by the Oakland Government Ethics Act, includes:

1. Any elected or appointed officeholder of the City of Oakland, including any such officeholder elected but not yet sworn in, and not including Oakland School Board Directors; and

2. Any City board or commission member, including the Board of Port Commissioners; and

3. Any full-time or part-time employee of the City; and

4. Any consultant of the City who is required to file a Form 700 Statement of Economic Interests pursuant to the City of Oakland Conflict of Interest Code and the California Political Reform Act.

G. "Ticket" means and includes any form of admission, parking, or other access privilege to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, if similar tickets are sold or provided to the public to view, listen to, or otherwise take advantage of the attraction or activity.

H. "Ticket Administrator" means an agency or department's chief administrative officer or their designee. For Citywide elective offices, the chief administrative officer is the elected City official or their designee. For Council Member offices, the chief administrative officer is the City Council President or their designee. Both the chief administrative officer and their designee(s) are responsible for ensuring tickets are distributed according to this policy.

(Ord. No. 13687, 5-3-2022)

Tickets received or distributed pursuant to this policy must first be obtained by the Ticket Administrator and logged into a database that reflects the number of tickets, event venue, name and date of the event, and the face value for each ticket. If the ticket does not identify a face value, the Ticket Administrator must identify the price at which the ticket or pass would otherwise be offered for sale to the public by the operator of the venue or host of the event who offers the ticket for public sale.

(Ord. No. 13687, 5-3-2022)

A. Each Ticket Administrator shall establish a process for ticket distribution that ensures that tickets are tracked and distributed according to the public purposes and limitations of this policy. The Ticket Administrator and their designee are both responsible for determining whether the ticket distribution is made in furtherance of at least one (1) of the public purposes provided in this Chapter. The process shall be electronic so that it can be updated, searched, and provided to the public in electronic format.

B. The Ticket Administrator shall collect the following information before distributing any tickets to public servants or non-City individuals:

1. The ticket recipient's name and department if a public servant, or the ticket recipient's name and organization if a non-City individual;

2. A description of the event;

3. The date of the event;

4. The fair value of the ticket, which is the face value on the ticket, or, if no value is indicated or if the face value does not reflect the actual cost for a ticket in a luxury box or suite, the face value is the total cost of the suite divided by the number of tickets available for the suite;

5. The number of tickets provided;

6. If the ticket distribution to the public servant or non-City individual was requested by another City official, the name of the requesting or "behesting" official; and

7. The public purpose that best describes the reason for the distribution of the tickets, from the list provided in this policy.

C. The Ticket Administrator shall not distribute any City ticket, even temporarily, to any public servant or non-City individual without first receiving the above information. If any of the information required above changes following the distribution or use of the ticket, the ticket recipient must notify the Ticket Administrator within ten (10) days of the change to accurately reflect the use of the ticket.

D. The Ticket Administrator may receive requests for City tickets to be distributed to other public servants, non-City individuals, or organizations for a public purpose as provided by this policy, so long as the Ticket Administrator collects the above information from the ticket recipients directly, determines that a stated public purpose applies, and distributes the tickets to the recipients directly.

(Ord. No. 13687, 5-3-2022)

A. For every City ticket received and distributed under this policy, the Ticket Administrator is responsible for ensuring that all ticket distribution data is complete, properly entered into the City's information management system created for this purpose, and maintained as a public record subject to public inspection. Pursuant to state law, all City ticket information must be entered into the City's information management system within twenty-five (25) days of the distribution of any ticket under this policy.

B. All ticket distribution data entered into the City's information management system under this policy must be made available to the public online and in real time in an electronic machine-readable format that is accessible, searchable, and downloadable.

(Ord. No. 13687, 5-3-2022)

The distribution of any City ticket pursuant to this policy must accomplish one (1) of the following stated public purposes:

A. Further the City's work, mission, or duties;

B. Recognize or encourage young people by providing opportunities for youth development, civic engagement, mentoring, or participation in cultural, artistic, educational, recreational, or community activities in the City;

C. Promote City-controlled or City-sponsored events, activities, or programs;

D. Enable a public servant to work at or attend the event as part of the public servant's job duties for the City;

E. Promote or support community programs and resources available to City residents;

F. Support or show appreciation for programs or services rendered by nonprofit 501(c)(3), educational, or government organizations that benefit City residents;

G. Recognize significant academic, athletic, or public achievements of City residents;

H. Recognize the meritorious service of another current or outgoing public servant or volunteer, for which such public servant or volunteer may receive up to four (4) tickets per event, notwithstanding the limitations set forth in Section 2.26.080;

I. Promote local and regional businesses, economic development, local culture, and tourism activities within the City, including conventions, conferences, and job creation opportunities;

J. Provide opportunities for economically disadvantaged or underserved residents to engage in cultural, artistic, educational, recreational, or community activities in the City; or

K. Facilitate a public servant's oversight or inspection of a City facility or event, in which case a written inspection report of findings and recommendations by the official using the ticket must be submitted to the Ticket Administrator and included with the online ticket distribution data as required by state law.

(Ord. No. 13687, 5-3-2022)

A. A public servant may receive no more than two (2) tickets per event: one (1) for their personal use under this policy and the other for a guest. No other transfer of a City ticket by a public servant, other than the Ticket Administrator, is permissible, including the sale of a ticket by a public servant.

B. City Councilmembers, Citywide elected officials, chief administrative officers, political appointees, and department directors may not disproportionately use City tickets. For purposes of this Chapter, "disproportionate use" means either of the following:

1. Using a greater number of tickets than any other person not listed in this subsection who receives tickets from the City; or

2. Using more than one (1) set of two (2) tickets to an event per facility per calendar year.

C. Nothing in this Chapter prohibits a public servant from purchasing a ticket to an event for themselves or for additional guests to attend an event.

(Ord. No. 13687, 5-3-2022)

A. Prevention. The Commission, in consultation with the City Attorney, shall provide timely advice, assistance, and training to public servants who are subject to the requirements of this Chapter.

B. Implementation. The Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of this Chapter pursuant to Chapter 2.24 of this Code.

C. Enforcement. A person who violates this Chapter is subject [to] the same enforcement provisions as provided in Chapter 2.25, the Oakland Government Ethics Act.

(Ord. No. 13687, 5-3-2022)

All references to other laws in this Act shall refer to those laws as they may be amended from time to time.

(Ord. No. 13687, 5-3-2022)