From time to time, the City receives tickets or passes from third party sources, both public and private. In order for the City to continue distributing these tickets or passes to public officials, without it constituting a gift to the receiving public official, the Fair Political Practice Commission (“FPPC”) now requires the City to adopt a duly written policy that identifies the legitimate public purpose for which the ticket or pass was distributed. The policy must also contain a provision prohibiting public officials from transferring any ticket and/or pass distributed under this policy to any other person, except to members of the official’s immediate family for their personal use.

Read the Resolution

The Fair Political Practice Commission (“FPPC”) recently amended California Code of Regulations, Title 2, Section 18944.1 to clarify that tickets and passes may be gifts to the benefiting public official, when adequate consideration is not provided in return, or a statutory exception does not apply. (Gov. Code § 82028, subd. (a).). Public officials must report all gifts on their Statement of Economic Interest (“Form 700”), and are prohibited from accepting gifts from a single source during the calendar year exceeding four-hundred and twenty dollars ($420.00). (Gov. Code § 89503, subd. (a); Code of Regs, tit. 2, §18940.2.).

Section 18944.1, as amended, provides methods by which public officials may continue to accept tickets and passes without the tickets or passes constituting a gift to the public official. Section 18944.1 provides that public officials may receive or use complimentary tickets and/or passes if they are disseminated in accordance with a duly written city policy that states the legitimate public purpose(s) for which the ticket and/or pass was distributed. Tickets and passes are defined as admission to a facility, event, show or performance for an entertainment, amusement, recreational, or similar purpose. In accordance with Section 18944.1, we have prepared a written policy and resolution for your review and consideration.

Furthermore, Section18944.1 now prohibits public officials from transferring any ticket and/or pass distributed under the written policy to any other person, except to members of the official’s immediate family for their personal use.

Failure to adopt or comply with the written policy or an amended policy will cause a public official to be subject to individual disclosure requirements for the purposes of an official’s Form 700. The value of any such ticket and/or pass will be subject to annual gift limits.