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HomeMy WebLinkAboutCC AG PKT 2012-09-24 #Dow TO: Honorable Mayor and L01511M m2swim SUBJECT: POLICY REGARDING DISTRIBUTION OF TICKETS AND PASSES POLICY PURSUANT • FAIR POLITICAL PRACTICES COMMISSION REGULATIO 18944.1 1 That the City Council adopt Resolution No. 6312, approving a City Council Policy 100-10 regarding distribution • complimentary tickets and passes pursuant to FPPC Regulation 18944.1. The Fair Political Practices Commission ("FPPC") adopts regulations that implement the Political Reform Act. In general, gifts to a public official that exceed $50 in value are required to be reported on an official's annual Statement of Economic Interests (commonly known as a "Form 700") and an official may not accept gifts that exceed $420 from a single source in a calendar year. FPPC Regulation 18944.1 provides that when a state or local agency distributes a ticket or pass (i.e., admission to a facility, event, show or performance for entertainment, amusement, recreational or similar purposes) to an official of that agency and said official uses the ticket or pass, such ticket or pass does not have to be reported as a gift and is not subject to the annual gift limit if one or more of the following exemptions apply: 1. If the ticket or pass is given gratuitously to an agency and is then distributed to an official or employee for his or her use, it is not a gift so long as all of the following apply: (a) the original source of the ticket or pass has not earmarked it for use by particular agency officials; (b) the agency determines in its sole discretion who may use the ticket or pass; and (c) the distribution of the ticket or pass by the agency is made in accordance with a policy adopted by the agency that meets certain criteria. M.� 2. If the ticket or pass: (i) is obtained by the agency pursuant to the terms of a contract for use of public property; (ii) obtained because the agency controls the event or venue; or (iii) purchased at fair market value and distributes to an official for his or her use, it is not a gift by the agency to the official if such distribution is made in accordance with a policy adopted by the agency that meets certain criteria. If the ticket or pass acquired under this exemption is distributed to an official other than an elected official or member of the City Council, the ticket or pass is not a gift if it was distributed to support general employee morale, retention or to reward public service. 3. If the ticket or pass is treated as income by the official consistent with applicable state and federal income tax laws. The written ticket and pass distribution policy is required to contain at a minimum the following elements: 1. A provision setting forth the public purposes of the agency for which tickets or passes may be distributed. 2. A provision requiring that the distribution of any ticket or pass to, or at the behest of, an official accomplish a stated public purpose of the agency; and 3. A provision prohibiting the transfer of any ticket received by an agency official except to members of the official's immediate family or no more than one guest. In general, the City's determination of what constitutes a "public purpose" is given great deference. The proposed Policy goes beyond the basic requirements of Regulation 18944.1 by including the following provisions to make the policy clearer to both officials affected by the policy and members of the public. ■ Ticket Administrator. The policy makes clear that the City Manager is deemed the "Ticket Administrator" for purposes of implementing its provisions. This means that if the City receives tickets or passes to an event, the City Manager (i) is the person who determines who receives those tickets and passes, (ii) that the distribution of the ticket or pass accomplishes a stated public purpose, (iii) fills out the required disclosure form ( "Form 802 ") and (iv) transmits such form to the FPPC. ■ Application of Policy. The policy makes it clear that it applies not only to elected officials but also any employee or other officer of the City who is required to file an annual Statement of Economic Interests (i.e. the Form 700). Page 2 ■ Public Purpose. The policy lists the stated public purposes for which tickets or passes may be distributed such as promoting the City, encouraging the retention of businesses and promoting City-run, sponsored or supported community events, activities or programs, among others. In reviewing the policies of other cities, the purposes stated are in line with what has been adopted by cities across the State. ■ Limitation on Number of Tickets. The number of tickets that can be provided to an official is limited to a ticket or pass for the official and a ticket or pass for the official's immediate family or no more than one guest, solely for their attendance at the event. This complies with the revisions recently adopted by the FPPC. ■ Filing of the Form 802. The policy requires the Ticket Administrator to file the Form 802 with the FPPC within 30 calendar days of the distribution of the tickets or passes. This complies with the revisions recently adopted by the FPPC. ■ Ceremonial Role. The policy incorporates the FPPC's newly revised regulations on the ceremonial exception to the gift rule. This exception 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 is not a gift to the official. The FPPC has tightened up this exception and has adopted a public disclosure requirement to the "ceremonial role" exception as well as a limitation on the number of tickets or passes that can be utilized. The rule now provides that if a ticket or pass is 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, the ticket or pass is not a gift to the official as long as the official discloses the receipt of that ticket on an FPPC form and that form is posted on the FPPC's website. The official is limited to receiving a ticket for himself or herself and one guest. The FPPC also adopted a definition of "ceremonial role" and in order to qualify for this exception a public official must be engaged in performing a ceremonial role on behalf of the agency at the request of the holder of the event or function, where, for a period of time, the focus of the event is on the act performed by the official. ■ Other benefits. While the distribution of a complimentary ticket or pass to an official is not a gift to the official, other benefits, such as food or beverage or gifts received by the official "that are not included with the admission," may be subject to the annual gift limit and reporting requirements. There is no Environmental Impact related to this item. IN F.T401 =6 Is I kN un, 141 F-,l a I <j J;jom There is no Financial Impact. fu ,*� That the City Council adopt Resolution No. 6312, approving a City Council Policy 100-10 regarding distribution of complimentary tickets and passes pursuant to FPPC Regulation 18944.1. SUBMITTED BY: NOTED AND APPROVED: fi a Devine, tity Clerk Jil R. Ingram, 4ity k4nager Attachment: A. Proposed Resolution 6312 B. Proposed City Council Policy 100-1 RESOLUTION NUMBER 6312 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING POLICY NO. 100 -10 REGARDING DISTRIBUTION OF COMPLIMENTARY TICKETS AND PASSES PURSUANT TO THE FAIR POLITICAL PRACTICES COMMISSION REGULATION 18944.1 THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA HEREBY FINDS AND RESOLVES AS FOLLOWS: Section 1. Fair Political Practices Commission Regulation 18944.1 requires the City Council to adopt a written policy governing the distribution of complimentary tickets and passes that includes a statement describing the public purpose to be accomplished by such policy; Section 2. The City Council hereby approves and adopts the Revised Complimentary Ticket Policy, attached hereto as Exhibit A and incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon adoption. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of September, 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor AT -TEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6312 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 24th day of September , 2012. City Clerk Mu"TA CITY OF SEAL BEACH SUBJECT DISTRIBUTION OF COMPLIMENTARY TICKETS AND PASSES (Pursuant to FPPC Regulation 18944.1) SECTION INDEX ISSUE REVISION COUNCIL CM APPROVAL NO. DATE DATE APPROVAL N/A 100 10 9/24/12 Res No. 6312 This policy shall be applicable to every officer, agent, and employee of the City who is obligated to file an Annual Statement of Economic Interests (Form 700) under state law or the City's current Conflict of Interest Code. 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 Section 18944.1 of the Fair Political Practices Commission Regulations. This Policy is subject to the California Political Reform Act of 1974, Government Code § 81000, et seq. (the Political Reform Act) and the Fair Political Practices Commission ("FPPC") Regulations, Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq. (FPPC Regulations), as they now exist or may hereafter be added or amended. A. Definitions. Unless otherwise expressly provided herein, words and terms used in this Policy shall have the same meaning as that ascribed to such words and terms in the Political Reform Act and the FPPC Regulations, as the same may from time to time be amended. "City" or "City of Seal Beach" shall mean and include the City of Seal Beach, and any other affiliated agency created or activated by the Seal Beach City Council, and any departments, boards and commissions thereof. "City Official" shall mean every officer, agent, and employee of the City who is obligated to file an Annual Statement of Economic Interests (FPPC Form 700) under state law or the City's current conflict of interest code. 1 of 6 (100-10) "City Venue" shall mean and refer to any facility owned, controlled, or operated by the City. "Immediate family" shall mean and refer to the spouse and dependent children of the City Official. "Policy' shall mean and refer to this Policy Regarding the Distribution of Complimentary Tickets and Passes Pursuant to FPPC Regulation 18944.1. "Ticket" shall mean and refer to a "ticket or pass" as that term is defined in FPPC Regulation 18944.1, as amended from time to time, but which currently defines a "ticket or pass" as admission to a facility, event, show or performance for an entertainment, amusement, recreational, or similar purpose ("event"). 1 This Policy governs the distribution of complimentary Tickets received by the City that are either: a. Gratuitously provided to the City by an outside source; b. Acquired by the City by purchase for fair market value; C. Acquired by the City as consideration pursuant to the terms of a contract for the use of a city venue or because the City controls the event; d. Acquired and distributed by the City in any other manner. 2. This Policy does not apply to: a. Any other item of value provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided. b. Tickets provided by sources other than the City. C. A Ticket received by a City Official from the City where both the City Official and the City treat and report the value of the Ticket as income consistent with applicable state and federal income tax laws and the Ticket is reported as income pursuant to the provisions of this Policy. d. Tickets distributed by the City for which the City receives reirribursement from the City Official shall not be subject to the disclosure provisions set forth herein. MMJ C. Official Duties; Ceremonial Roles. A ticket provided to a City Official and one guest of the official at an event as described in Section 18942(12) at which the official performs a ceremonial role on behalf of the City is not a gift as long as the City Official complies with the posting and disclosure requirements as provided in this Policy. D. General Provisions. 1 No Right to Tickets: The use of complimentary Tickets 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. 2. Limitation on Transfer of Tickets: Tickets 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. If a City Official transfers a Ticket he or she has received from the City to another person (except as otherwise provided for herein), as opposed to returning the Ticket to the City for redistribution, then the value of the Ticket or Tickets he or she transfers shall constitute a gift to him or her and shall be reportable as provided by the regulations of the FPPC. 3. Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this policy shall sell or receive reimbursement for the value of such Ticket. E. Ticket Administrator. The City Council delegates the authority to the City Manager or his/her designee to be the Ticket Administrator for purposes of implementing the provisions of this Policy. 2. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets in accordance with this Policy. Such authority includes the power to distribute such a Ticket to the City Manager provided that doing so is otherwise consistent with this Policy. All requests for Tickets that fall within the scope of this 3. Policy shall be made in accordance with the procedures established by the Ticket Administrator. 4. The Ticket Administrator shall determine the face value of Tickets distributed by the City for purposes of this Policy. 5. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of 3 of 6 (100-10) this Policy or the procedures established by the Ticket Administrator for the distribution of Tickets. 6. For the purpose of implementing this policy, and completing and posting the FPPC California Form 802, the Ticket Administrator shall be the "Agency Head." F. Conditions Under Which Tickets May be Distributed. Subject to the provisions of this Policy, -the Ticket Administrator may distribute complimentary Tickets to City Officials under any one of the following conditions: 1. The City Official treats the Ticket(s) as income consistent with applicable federal and state income tax laws and the Ticket(s) are reported as income pursuant to the provisions of this Policy. 2. The distribution of the Ticket(s) to, or at the behest of, the City Official accomplishes or furthers one or more of the following governmental and/or public purposes: a. 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, their staff members and their guests. b. Promotion or fostering of economic or business development purposes on behalf of the City. C. Promotion of City resources and/or facilities available to Seal Beach residents. d. Promotion of City-run, sponsored or supported community events, activities, or programs. e. Promotion of special events under any City contract or agreement, including but not limited to sport and athletic events. Promoting, supporting, and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting Seal Beach residents and/or Seal Beach schools. 9- Promotion of City tourism on a local, state, national or worldwide scale. h. Business retention or attraction on a local, state, national or worldwide scale. 4 of 6 (100-10) i. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale. j. Encouraging Seal Beach resident and business support for and attendance at local events. k. Attracting or rewarding volunteer public service. I. Encouraging or rewarding significant academic, athletic, or public service achievements by Seal Beach students, residents, businesses, or employees. M. Recognizing or rewarding meritorious service by a City employee. n. Encouraging, rewarding, or supporting general employee morale or retention. 0. 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. P. 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. G. Tickets Distributed at the Behest of a City Official. 1 Only City Council Members and the City Manager shall have authority to behest Tickets. 2. Tickets shall be distributed at the behest of a City Official only for one or more public purposes set forth above. 3. If Tickets are distributed at the behest of a City Official, such City Official shall not use one of the Tickets so distributed to attend the event. H. Other Benefits. 1 The distribution of Tickets pursuant to this Policy shall not constitute a "gift" to the City Official receiving the Ticket; however, other benefits, such as food or beverage or other gifts provided to the City Official that are not part of the admission provided by the complimentary Ticket, will need to be accounted for as gifts. 2. If the City receives complimentary Tickets that are earmarked for particular City Officials, then the Tickets are considered gifts to that particular City Official. If these Tickets are not returned unused to the 5 of 6 (100-10) provider within thirty (30) days of receipt, then the City Official must comply with the applicable FPPC gift limit regulations and reporting regulations, 1. Posting and Disclosure Requirements. 1. This Policy shall be posted on the City's website. 2. The distribution of Tickets pursuant to this Policy shall be documented by the preparation and certification of Fair Political Practices Commission Form 802. Within thirty (30) calendar days of the distribution of a Ticket, the Ticket Administrator shall prepare and certify a Form 802 and shall forward it to the FPPC for posting on the FPPC website. 3. The City shall maintain the completed Form 802 as a public record, subject to inspection and copying as set forth in Government Code Section 81008(a). 4. ISSUANCE M M*, IMI Agency Report of: Ceremonial Role Events and Ticket /Pass Distributions 1. Agency Name Division, Department, or Region (IfApplicable) Title) Area Code /Phone Number I E -mail Date Stamp A Public Document For Official Use Only ❑ Amendment (Must provide explanation in Part 3.) Date of Original Filing: (Month, Day, Year) 2. Function or Event Information Does the agency have a ticket policy? Yes ❑ No ❑ Face Value of Each Ticket/Pass $ Event Description Date(s) It I Provide Title /Explanation Ticket(s) /Pass(es) provided by agency? Yes ❑ No ❑ If no: Name of Source Was ticket distribution made at the behest No ❑ Yes ❑ If yes: of agency official? Official's Name (Last, First) 3. Recipients • Use Section A to identify the agency's department or unit. • Use Section B to identify an individual. • Use Section C to identify an outside organization. Number of A. Name of Agency, Department or Unit Ticket(s)I Describe the public purpose made pursuant to the agency's policy Pass(es) Number of Name of Individual B. liar Individual Identify one of the following: Pass(es) Ceremonial Role ❑ Other ❑ Income ❑ If checking "Ceremonial Role" or "Other" describe below. Ceremonial Role ❑ Other ❑ Income ❑ If checking "Ceremonial Role "or "Other" describe below: Name of Outside Organization Number of C. (include address and description) Ticket(s)/ Describe the public purpose made pursuant to the agency's policy Pass(es) 4. Verification I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance with the requirements. Signature of Agency Head or Designee Print Name Comment: Title (Month, Day, Year) FPPC Form 802 (4112) FPPC Toll -Free Helpline: 866 /ASK -FPPC (8661275 -7772) Agency Report of: Ceremonial Role Events and Ticket/Pass Distributions This form is for use by all state and local government agencies. The form identifies persons that receive admission tickets and passes and describes the public purpose for the distribution. This form was prepared by the Fair Political Practices Commission (FPPC)ond is available atvwxm«fppo.ca.gux General Information FPPC Regulation 1OO441 sets out the circumstances under which en agency's distribution of tickets (o entertainment events, sporting events, and like occasions would not result in a gift (o individuals that attend the function. |n general, the agency must adopt a policy which identifies the public purpose served in distributing the admissions. The Form 8O2 serves ho detail each event and the public purpose of each ticket distribution. FPPC Regulation 1OQ42 lists exceptions ho reportable gifts, including ceremonial events, when |iybad on this form. When the regulation procedures are followed, persons, organizations, or agencies who receive admissions are listed ona Form 802. Agency officials do not report the admissions on the official's Statement nfEconomic Interests, Form 7OO. and the value of the admission isnot subject to the gift limit. The Form 8O2 also informs the public asb whether the admissions were made at the behest ofan agency official and whether the beheoted tickets were provided toon organization or10 specific individuals. This form is not required for admission provided hao school or university district official, coach, athletic director, or employee ho attend an amateur event performed by students of that school oruniversity. Public Posting This form must bo maintained oao public document. A copy of all forms must be forwarded hz the FPPCfor pouting on itowebdte. E-mail delivery ispreferred, E-mail: Fonn8O2@fppo.oa.gov; Fax: A10.322.O88G;428J Street, Suite S2O. Sacramento, CAQ5814. Forms must besent to the FPPC as soon as possible. General business practice bsnn later than 45 days from the distribution. A local agency may also also post the forms nn its weabihe. but it is not required to do so. Privacy Information Notice Information requested by the FPPCisused to administer and enforce the Political Reform Act. Failure to provide information may baa violation subject to administrative, criminal, or civil penalties, All reports are public records available for inspection and reproduction. Direct questions boFPPCa General Counsel. Instructions Part 1. Agency Identification: List the agency's name. Provide o designated agency contact person, their phone number, and e-mail address. Mark the amendment box if changing any information un e previously filed form and include the date cf the original Part 2. Function vr Event Information: Confirm that your agency has o policy for ticket distribution. Unless the the ceremonial role orincome box in Part 3, Section B.is marked, this form is only applicable ifyour agency has apolicy. Complete all of the other required fields that identify the ticket value, description of event, dabae) and whether the ticket was provided by the agency oran outside source. If on agency offinie|behests the tickets, the official's name is also required. Use the comment field oran attachment h/ explain in full, Part 3. Ticket Recipients: This part identifies who uses the tickets, The identification requirements vary depending upon who received the tickets and are categorized into three sections. Each section must list the number of tickets received. Use the comment field oron attachment to explain infull. Section A. Report tickets distributed (o agency staff, other than an elected official or governing board member, pursuant ho the agency's policy. |tim not necessary tolist each employee's name, but identify the unit/department for which the employee works. The agency must describe the public purpose associated with the ticket distribution, A reference to the policy |opermissible. Section B. Report: 1) any agency official who performs a ceremonial role; 2) any agency official who reports the value an income; or3) tickets used by elected officals and governing board members (including those distributed pursuant to the agency's poUcy). Section C. Report tickets provided huanorganization. The organization's name, an address (websiheudim penniooib|e). and a brief description of the public purpose are required, pPPC Form mm(4m2) pPPC Toll-Free nm*u|mw'oa*/ASn'pppo<o6mm7mnrrm> Agency Report of: Ceremonial Role Events and Ticket /Pass Distributions Continuation Sheet A Public Document Agency Name 3. Recipients • Use Section A to identify the agency's department or unit. • Use Section B to identify an individual. • Use Section C to identify an outside organization. Number of A. Name of Agency, Department or Unit Ticket(s)/ Describe the public purpose made pursuant to the agency's policy Pass(es) Name of Individual I Number of B. Ticket(su Identify one of the following: (lest, First) � 1— Ceremonial Role ❑ Other ❑ Income ❑ It checking "Ceremonial Role" or "Other'describe below: Ceremonial Role ❑ Other ❑ Income ❑ If checking "Ceremonial Role" or "Other" describe below: Ceremonial Role ❑ Other ❑ Income ❑ If checking "Ceremonial Role" or "Other' describe below: Ceremonial Role ❑ Other ❑ Income ❑ If checking "Ceremonial Role "or "Other" describe below: Name of Outside Organization Number of C. (include address and description) Ticket(su Describe the public purpose made pursuant to the agency's policy Pass(es) FPPC Form 802 (4/12) FPPC Toll -Free Helpline: 866 /ASK -FPPC (866/275 -7772) (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18944.1. Gifts: Agency Provided Tickets or Passes. For purposes of this regulation the terms "ticket" and "pass," as defined in Regulation 18946, apply solely to an admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose provided by an agency to, or at the behest of, an official of that agency, other than an admission provided to a school, college or university district official, coach, athletic director, or employee to attend an amateur event performed by students of that school, college, or university district or an admission identified in Regulation 18942(a)(12). (a) (1) A ticket or pass is not subject to the provisions of this regulation, if the official treats the ticket or pass as income consistent with applicable state and federal income tax laws and the agency reports the distribution of the ticket or pass as income to the official in compliance with the reporting provisions of subdivision (d) below. (2) Any ticket or pass acquired by the agency under subdivision (b)(2) and distributed to an official, other than an elected official or member of the legislative or governing body of the agency, for the official's personal use, to support general employee morale, retention, or to reward public service is deemed to serve a public purpose, and any tickets distributed to an official for such purpose shall be reported as described under subdivision (d)(3). For purposes of this paragraph, "personal use" means use by the official, his or her family, or no more than one guest. (b) The official will meet the burden under Section 82028 that equal or greater value has been provided in exchange for the ticket or pass if the official reimburses the agency for the ticket or if all of the following requirements are met: (1) For a ticket or pass the agency receives from an outside source, other than as provided in subdivision (b)(2): (A) The ticket or pass is not earmarked by the outside source for use by the agency official who uses the ticket or pass; (B) The agency determines, in its sole discretion, who uses the ticket or pass. (C) 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 (c) below. (2) For a ticket or pass the agency obtains (i) pursuant to the terms of a contract for use of public property, (ii) because the agency controls the event (such as a state or county fair), or (iii) by purchase at fair market value, the distribution of the ticket or pass is made in accordance with a policy adopted by the agency that incorporates all of the provisions of subdivision (c) below. (c) Agency Ticket/Pass Distribution Policy. Any distribution of a ticket or pass under this regulation to, or at the behest of, an agency official must be made pursuant to a written agency ticket distribution policy, duly adopted by the legislative or governing body of the agency or, if none, the agency head that contains, at a minimum, all of the following: (1) A provision setting forth the public purposes of the agency for which tickets or passes may be distributed. (2) A provision requiring that the distribution of any ticket or pass to, or at the behest of, an agency official accomplish a stated public purpose of the agency. (3) A provision prohibiting the transfer of any ticket received by an agency official pursuant to the distribution policy except to members of the official's immediate family or no more than one guest solely for their attendance at the event. (d) Public Posting. A record of a ticket or pass distributed pursuant to this regulation, must be completed, on a form provided by the Commission. "fhe form must be maintained as a public record, be subject to inspection and copying under Section 81008(a), and be forwarded to -the Commission for posting on its website. (1) Except as provided in paragraphs (2) and (3) below, the information must include the following: (A) The name of the person receiving the ticket or pass; (B) A description of the event; (C) The date of the event; (D) The face value of the ticket or pass; (E) The nurnber of tickets or passes provided to each person; (F) If the ticket or pass is behested, the name of the official who behested the ticket; and (G) A description of the public purpose under which the distribution was made or, alternatively, that the ticket or pass was distributed as income to the official. (2) If the ticket or pass is distributed to an organization outside the agency, the agency shall post the name, address, description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the names of each individual from the organization as otherwise required in paragraph (1) above; (3) If the ticket or pass is distributed pursuant to subdivision (b) the agency may post the name of the department or other unit of the agency and the number of tickets or passes provided to the department or other unit in lieu of posting the name of the individual employee as otherwise required in paragraph (1) above; (e) The Commission recognizes the discretion of the legislative or governing body of an agency or, if none, the agency head to determine whether the distribution of a ticket or pass serves a legitimate public purpose of the agency, provided the determination is consistent with state law. (f) -rhe provisions of this regulation apply only to the benefits the official receives that are provided to all members of the public with the same class of ticket. Note: Authority cited: Section 83112, Government Code. Reference: Section 82028, Government Code. Renumbering of former section 18726.7 to section 18944.1 with amendment of section heading filed 6-22-94; operative 6-22-94 (Register 94, No. 25). 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 first paragraph and subsections (a)-(b) and (d)-(e) filed 7-25-95; operative 7-25-95 pursuant to Government Code section 11343,4(4) (Register 95, No. 30). 4. Repealer and new section filed 1-8-2009; operative 2-7-2009. 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 2009, No. 2). 5. Repealer of subsection (a), subsection relettering and amendment of newly designated subsections (a)(1), (a)(2)(A)(iii)-(b), (c) and (e) 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). 6. Amendment of section heading and section 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).