HomeMy WebLinkAbout04.a. Receive supplemental memorandum from District Counsel regarding reporting requirements for travel paid for by outside organizations, related policies and Fair Political Practices Commission (FPPC) forms Page 1 of 19
Item 4.a.
,orVIOIN SAN
April 16, 2019
TO: ADMINISTRATION COMMITTEE
FROM: KENTON L.ALM, DISTRICT COUNSEL
SUBJECT: RECEIVE SUPPLEMENTAL MEMORANDUM FROM DISTRICT COUNSEL
REGARDING REPORTING REQUIREMENTS FOR TRAVEL PAID FOR BY
OUTSIDE ORGANIZATIONS, RELATED POLICIESAND FAIR POLITICAL
PRACTICES COMMISSION (FPPC) FORMS
At the January 30, 2019 Administration Committee meeting, the Committee was provided with a
memorandum from District Counsel regarding reporting requirements for travel paid for by outside
organizations (Attachment 1). Follow-up questions were asked concerning proper reporting of travel
benefits received by Board Members and staff which are not paid for by the District. The attached follow-
up memorandum (Attachment 2) addresses travel payments by outside organizations. Although the
memorandum is, by necessity, somewhat detailed and nuanced, a broad take-away is that travel paid for by
outside organizations must be treated as a gift or income. In either event it must be reported, although if it
is merely one element of income from a particular source, then reporting total income from that source
should suffice. If it is a gift, then it must either not exceed the $500 gift limitation or fall under one of the
exceptions discussed.
I have attached an example of a Ticket and Pass Distribution Policy from the City of Walnut Creek
(Attachment 3). As you will note, it is fairly restrictive and requires reporting of all such gifts or donations,
sets forth a distribution policy, and limits acceptance to events that further the City's municipal activities.
Lastly, I have attached two FPPC forms (Attachments 4 and 5)which are at least tangentially related to the
issue of reporting indirect benefits received by a public employee or public official.
will be available to answer any additional questions you may have at the Committee meeting.
Strategic Plan Tie-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 3- Comply with all federal, state, and local regulations related to District administration
ATTACHMENTS:
1. Memo dated 01-25-19 from District Counsel
2. Follow-Up Memo dated 03-15-19 from District Counsel
3. Sample "Ticket and Pass Distribution Policy" (City of Walnut Creek, 2010)
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 303 of 348
Page 2 of 19
4. FPPC Form 802 (Ceremonial Role Events and Ticket/Pass Distribution)
5. FPPC Form 803 (Behested Payment Report)
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 304 of 348
Page 3 of 19
555 12th Street,Suite 1500 Thomas L.Smith
Oakland,California 94607 tlsmith@meyersnave.com
tel(510)808-2000
fax(510)444-1108
www.meyersnave.com
MEMORANDUM
ATTORNEY-CLIENT PRIVILEGED
DATE: January 25, 2019
TO: Board of Directors, Central Contra Costa Sanitary District
FROM: Kenton Alm, District Counsel
BY: Thomas Lloyd Smith, Esq.
RE: Reporting Requirements for Travel Paid for by Outside Organizations
I. QUESTIONS PRESENTED
1. Under what circumstances is it permissible for a public official to accept funding
from an outside organization for a conference, associated travel and accommodation
expenses?
2. When outside funding is provided to public official for a conference, travel and/or
accommodations, is the public official required to report it on his or her statement of
economic interests?
II. BRIEF ANSWERS
1. Even though a payment for transportation, lodging, and subsistence may be a
reportable gift under the Act,under certain circumstances, the gift is not subject to the
Act's current$500 gift limit.
2. Whether or not the travel payments are exempt under Section 89506 of the
Political Reform Act, a public official must report such payments on his or her
statement of economic interests.
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 305 of 348
Page 4 of 19
To: Board of Directors,Central Contra Costa Sanitary District
From: Kenton Alm,General Counsel
Re: Reporting Requirements for Travel Paid for by Outside Organizations
Date: January 25,2019
Page: 2
III. ANALYSIS
A. Gifts, Generally
A gift is defined under Section 82028(a) as "any payment that confers a personal benefit on
the recipient, to the extent that consideration of equal or greater value is not received and
includes a rebate or discount in the price of anything of value unless the rebate or discount is
made in the regular course of business to members of the public without regard to official
status."
The Political Reform Act works to reduce improper influences on public officials by
regulating the receipt of gifts by local public officials in three core ways: First, the Act places
limitations on the acceptance of gifts by certain public officials. The current limit is $500
from a single source in a calendar year. (Section 89503.) Second, the Act imposes reporting
obligations on certain public officials requiring that any gift of $50 or more (or gifts that
aggregate to $50 or more from the same source) received during the calendar year are
disclosed on the officials' statements of economic interests. (Sections 87200 - 87210.) Third,
the Act prohibits any public official from making, participating in making, or using his or her
position to influence the outcome of a governmental decision involving the donor of a gift or
gifts with an aggregate value of$500 or more provided to, received by, or promised to the
official within the 12 months prior to the date of the decision. (Sections 87100 and
87103(e).)
The Act generally presumes any travel confers a personal benefit on a public official.
Consequently, travel costs paid for by a third party are generally reportable gifts. Therefore,
absent an exception, the value of all travel-related expenses would be considered a reportable
gift to each of the public officials. (Section 82028.)
B. Certain Exceptions to the General Rule for Gifts
Even though a payment for transportation, lodging, and subsistence may be a reportable gift
under the Act, under certain circumstances, the gift is not subject to the Act's current $500
gift limit.
The Act provides that payments, advances, or reimbursements, for travel, including actual
transportation and related lodging and subsistence that is reasonably related to a legislative or
governmental purpose, or to an issue of state, national, or international public policy, are not
prohibited or limited by this chapter if the travel is in connection with a speech given by a
designated employee of a local government agency, the lodging and subsistence expenses are
limited to the day immediately preceding, the day of, and the day immediately following the
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 306 of 348
Page 5 of 19
To: Board of Directors,Central Contra Costa Sanitary District
From: Kenton Alm,General Counsel
Re: Reporting Requirements for Travel Paid for by Outside Organizations
Date: January 25,2019
Page: 3
speech, and the travel is within the United States. (Section 89506(a)) For example, meals
provided on any day where the public official gives a speech, participates in a panel or
seminar, or provides a similar service are allowable and not reportable. (Regulation
18950.3.)
The words "speech given" mean a public address, oration, or other form of oral presentation,
and includes participation in a panel, seminar, or debate. (Regulation 18931.1) Merely being
involved in a discussion at a conference does not qualify as giving a speech or oral
presentation as required by the regulation. (Hoehn Advice Letter, No. I-92-392.) Similarly,
holding informal meetings with constituents or a few individuals who are members of a
particular group would not qualify. (Williams Advice Letter,No. I-95-405.) Careful analysis
of multiday conferences may also be required to determine whether the exception for travel
applies in connection with the entire event.
As for travel outside the United States, it is reportable and subject to the limits unless the
"travel is provided by a government, a governmental agency, a foreign government, a
governmental authority, a bona fide public or private educational institution, as defined in
Section 203 of the Revenue and Taxation Code, a nonprofit charitable or religious
organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code, or by a person domiciled outside the United States which substantially satisfies the
requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code."
(Section 89506(a)(2).)
C. Additional Considerations
Even in cases where an exception applies, the payments will still be reportable and could
form the basis for a conflict of interest where the effect of a governmental decision by a
public official will have a financial effect on the public officials agency.
Moreover, payments made for items other than necessary travel and related lodging and
subsistence, such as expenses paid for entertainment purposes, may be considered a
reportable gift subject to the $500 gift limit because those items would not be related to a
legislative or governmental purpose.
Finally, if a non-profit organization is merely an intermediary for other donors, the gifts
could be attributed to the true source, and Section 89506 may not apply. To this end,
Regulation 18945(a) provides: "The person who makes the gift to the official(s) is the source
of the gift unless that person is acting as an intermediary. The person is acting as an
intermediary for the source of the gift when the gift to the official was provided under any of
the following conditions: (1) the person receives a payment from a source and the payment is
made to the official after the source identifies the official as the intended recipient of the gift;
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 307 of 348
Page 6 of 19
To: Board of Directors,Central Contra Costa Sanitary District
From: Kenton Alm,General Counsel
Re: Reporting Requirements for Travel Paid for by Outside Organizations
Date: January 25,2019
Page: 4
(2) the person receives a payment from a source after soliciting the payment with the
understanding that the payment will be used for the sole or primary purpose of making a gift
to an official; or (3) the person receives a payment from a source after the payment was
solicited by the official or the official's agent for the purpose of making a gift to the official."
TLS:TLS
3161847.1
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 308 of 348
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555 12th Street,Suite 1500 Tivonna D.Stern
Oakland,California 94607 tstern@meyersnave.com
tel(510)808-2000
fax(510)444-1108
www.meyersnave.com
MEMORANDUM
ATTORNEY-CLIENT PRIVILEGED
DATE: March 15, 2019
TO: Board of Directors, Central Contra Costa Sanitary District
FROM: Kenton L. Alm, General Counsel
BY: Tivonna D. Stern, Esq.
RE: Reporting Requirements for Travel Paid for by Outside Organizations
I. QUESTIONS PRESENTED
1. When travel payments are provided to a public official from a non-profit, tax-exempt
501(c)(3) organization for purposes unrelated to the official's role with the
government agency, are those payments deemed income or gifts?
2. May a public official who serves as a board member for an organization accept travel
payments or reimbursements from the organization when the subject matter of the
organization relates to that of the public official's private, non-employer business?
II. BRIEF ANSWERS
1. It depends. Travel payments paid to a public official from a non-profit, tax-exempt
501(c)(3) organization are deemed reportable gifts that are not subject to the $500
limit' if the purpose of the payments is reasonably related to a legislative or
government purpose; or an issue of state, national, or international policy.
2. A public official who serves as a board member for an organization whose
subject matter relates to that of the public official's private business that is not his or
her employer may likely accept travel payments or reimbursements from the
1 References to the Act's gift limit pursuant to Government Code Section 89503 shall specifically refer to
receipt of$500 from a single source within a calendar year.
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 309 of 348
Page 8 of 19
To: Board of Directors,Central Contra Costa Sanitary District
From: Kenton L.Alm,General Counsel
Re: Reporting Requirements for Travel Paid for by Outside Organizations
Date: March 15,2019
Page: 2
organization as a gift up to the $500 limit. Certain rules apply depending on the type
of organization that is at issue.
III. ANALYSIS
A. Gifts of Travel, Generally
The Political Reform Act("Act")defines a gift as"any payment that confers a personal benefit
on the recipient, to the extent that consideration of equal or greater value is not received and
includes a rebate or discount in the price of anything of value unless the rebate or discount is
made in the regular course of business to members of the public without regard to official
status." GOVT CODE § 82028(a).
The Act generally presumes any travel confers a personal benefit on a public official.
Consequently, travel costs paid for by a third-party are generally reportable gifts. Therefore,
absent an exception, the value of all travel-related expenses would be considered a reportable
gift to a public official. GoV T CODE § 82028.
B. Travel Payments by a Non-Profit, Tax-Exempt 501(c)(3) Organization
While a payment for transportation, lodging, and subsistence may be a reportable gift under
the Act,under certain circumstances, the gift is not subject to the Act's current$500 gift limit.
One of those circumstances is when the "payments, advances, or reimbursements for travel,
including actual transportation and related lodging and subsistence . . . is reasonably related to
a legislative or governmental purpose, or to an issue of state, national, or international public
policy" and "is provided by a government, a governmental agency, a foreign government, a
governmental authority, a bona fide public or private educational institution . . . . a nonprofit
organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code, or by a person domiciled outside the United States who substantially satisfies the
requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code."
GoV T CODE § 89506(a).
Therefore, to the extent the public official's travel expenses are provided by a governmental
agency, educational institution, or 501(c)(3) designated non-profit for a purpose that is
reasonably related to a governmental purpose or an issue of state, national, or international
public policy, the travel payment is likely exempt such that the public official must report the
payment but the expense is not subject to the $500 gift limit.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 310 of 348
Page 9 of 19
To: Board of Directors,Central Contra Costa Sanitary District
From: Kenton L.Alm,General Counsel
Re: Reporting Requirements for Travel Paid for by Outside Organizations
Date: March 15,2019
Page: 3
C. Travel Expenses in Connection with Business Position
Travel expenses are either income or a gift. If the expenses constitute a gift, the expenses are
subject to the $500 limit, unless an exemption applies. Determining whether an expense,
whether travel or otherwise, is a gift versus income is a fact-specific assessment.
Government Code Section 82030 defines "income" as "a payment received, including but not
limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift,
including any gift of food or beverage, loan, forgiveness or payment of indebtedness received
by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension
program paid by any person other than an employer, and including any community property
interest in the income of a spouse." The law defines "earned income" as including "income
from wages, salaries,professional fees, and other amounts received or promised to be received
as compensation for personal services rendered." "Gifts of travel" that are not subject to an
exemption set forth in subdivision (a) of Section 89506 are subject to the gift limits. Section
89506 specifies those travel expenses that are excluded from the definition of"gifts of travel,"
such as travel paid for from campaign funds, travel provided by a governmental agency of a
local elected officeholder, and travel that is "reasonably necessary in connection with a bona
fide business" so long as the predominant activity of the business is not "making speeches."
FPPC regulations provide an exception for payments to a public official for travel that is in
connection with a bona fide business. Section 18950.2 of the FPPC regulations state "[a]
payment made for transportation, lodging, or food, in connection with a bona fide business,
trade, or profession, and which satisfies the criteria for federal income tax deductions for
business expenses . . . is not an honorarium or gift unless the sole or predominant activity of
the business, trade or profession is making speeches." No courts have interpreted Section
18950.2 of the FPPC's regulations,nor has the FPPC issued any advice letters interpreting this
section in the context of a public official serving a non-governmental entity that is not his or
her employer. The FPPC's 2019 Fact Sheet for travel expenses provides examples of a bona
fide business as including teaching, practicing law, medicine, insurance, real estate, banking,
or building contracting, and further specifies that the services "are customarily provided in
connection with the business, trade, or profession."
Pursuant to Section 82030,subdivision(b)(2),exempted from the definition of income includes
"[s]alary and reimbursement for expenses or per diem . . . or other similar benefit payments
received from a state, local, or federal government agency and reimbursement for travel
expenses and per diem received from a bona fide nonprofit entity exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code." Thus, travel payments and reimbursements
from a governmental agency, or a 501(c)(3) organization, for which the official provided
services equal or greater in value than the payments received are not subject to disclosure, as
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 311 of 348
Page 10 of 19
To: Board of Directors,Central Contra Costa Sanitary District
From: Kenton L.Alm,General Counsel
Re: Reporting Requirements for Travel Paid for by Outside Organizations
Date: March 15,2019
Page: 4
they are not deemed gifts, income, or honorarium. This would also include circumstances in
which the public official serves as a board member of the 501(c)(3) organization.2
3202021.1
3205486.1
2 A travel payment provided under this circumstance is reflected on the FPPC's Instructions for Schedule E:
Income—Gifts—Travel Payments,Advances,and Reimbursements as a payment not subject to disclosure.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 312 of 348
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POLICIES AND PROCEDURES
Subject Ticket and Pass Distribution Policy
Policy # 103
C E T Y o f Authority City Manager
WALNUT
REEffective Date 04/0612010 Last Revision: N/A
Department City Manager— City Clerk
I. PURPOSE
To provide a City policy with attendant procedures for administering and reporting the
receipt of tickets and passes in order to meet the regulations as set forth by the Fair
Political Practices Commission ("FPPC").
IL SCOPE
This shall apply to all City Officials in all departments and all facilities.
"1 Ill. POLICY STATEMENT
It is the policy of the City of Walnut Creek to ensure that any ticket or pass purchased
or obtained directly by the City or provided to the City by any third party shall be
distributed to City Officials in a manner that serves or promotes a public purpose for
the City of Walnut Creek ("City").
IV. DEFINITIONS
City Manager- The City Manager is identified as the "Agency Head" as named in the
Fair Political Practices Commission (FPPC) instructions and forms.
City Official— Elected or appointed officers, employees, or consultants of the City.
Gift -Anything that is received by a City Official that confers a personal benefit to the
City Official: 1) for which the City Official did not provide consideration of equal or
greater value; or 2) that represents a rebate or discount which is not provided in the
regular course of business to members of the public without regard to official status,
Third Party - The source of any ticket or pass, other than the City.
Ticket or Pass—Any method that provides admission to a facility, event, show, or
performance for entertainment, amusement, recreation or other similar purpose.
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 313 of 348
Page 12 of 19
Walnut Creek Ticket and Pass Distribution Policy#TBD
V. RESPONSIBILITY
The City Manager or designee shall be responsible for administering this Policy.
VI. POLICY AND PROCEDURES
A. All tickets and passes provided to the City shall be subject to the following
provisions:
1. The City shall not accept from any third party any ticket or pass that is
specifically earmarked for use by a particular City Official whether by name or
position, unless:
a. The ticket or pass is offered or provided to the City pursuant to the terms
of a contract for use of City owned property.
b. The ticket or pass is offered or provided to the City as a result of an
official City event that the City controls.
c. The ticket or pass is purchased by the City from the third party for full
market value.
2. The City Manager shall cause to have documented in writing the receipt of all
tickets and passes provided to the City by a third party.
3. Tickets and passes shall only be provided to City officials via the City
Manager or designee when said tickets and passes meet the policy of fulfilling
a legitimate public purpose of the City.
4. The City Manager or designee shall decide, consistent with this Policy, which
City Officials should be provided with a ticket or pass.
5. Within 30 days of distributing any ticket or pass pursuant to this Policy, the
City Manager or designee, shall complete and cause to be posted an FPPC
Form 802 on the City's website and to remain on the website for a period of at
least four (4) years and the hard-copy of said form shall be retained for a
minimum of seven (7) years.
B. Legitimate Public Purposes
Any ticket or pass provided to a City Official by the City shall not constitute a gift if
provided and used by the City Official for any of the following purposes:
1. Promotion of business activity, development, or redevelopment within the
City.
2. Promotion of community resources and programs available to City residents
including but not limited to those resources and programs involving charitable
and non-profit organizations.
Page 2 of 4
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Page 13 of 19
Walnut Creek Ticket and Pass Distribution Policy#TBD
3. Promotion of City resources available to City residents.
4. Promotion of City-operated, sponsored or supported community programs.
5. Promotion of private facilities available for City residents' use including but not
limited to those facilities involving charitable and non-profit organizations.
6. Promotion of City facilities available for City residents' use.
7. Promotion of City growth and development.
8. Promotion of City tourism on a local, state, national or worldwide scale.
9. Promotion of City recognition, visibility and/or profile on a local, state, national
or worldwide scale.
10. Promotion of open government by City Official appearances, participation or
availability at business and/or community events.
11 . Promotion of the improvement of inter-governmental relations.
12. Attendance at events sponsored by other governmental agencies, industry
groups and non-profit organizations for the purpose of meeting and conferring
with other governmental officials or business representatives regarding issues
of interest to, or affecting, the City.
13. Increasing public exposure to, and awareness of, the various recreational,
cultural, and educational venues and facilities available to the public within
the City.
14. Encouraging or rewarding significant academic, athletic, or public service
achievements by City students, residents or businesses.
15. Recognizing contributions made to the City by former or current City Council
members or other City employees.
C. Exemptions
The following tickets and passes shall be exempt from the provisions of this Policy:
1. A ticket or pass received by a City Official directly from a third party that the
City Official uses to perform a ceremonial role or function on behalf of the
City.
2. A ticket or pass received by a City Official from the City 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 is
reported as income pursuant to the provisions of this Policy.
Page 3 of 4
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Walnut Creek Ticket and Pass Distribution Policy#TBD
D. Prohibition Against Transfer
A City Official who receives a ticket or pass pursuant to this Policy is prohibited
from transferring or selling the ticket or pass to any other person, except to a
member of the City Official's immediate family solely for their personal use.
E. Posting and Disclosure Requirements
This Policy shall be prominently posted on the City's website.
VII. POLICY HISTORY AND CITATIONS
This policy was issued on April 6, 2010 and approved by the City Manager.
Page 4 of 4
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Agency Report of: ' ' • Page 15 of 19
Ceremonial Role Events and Ticket/Pass Distributions A Public Document
1. Agency Name Date Stamp WUse
Division, Department, or Region (if applicable) For O
Designated Agency Contact(Name,Title)
❑ Amendment (Must Provide Explanation in Part 3.)
Area Code/Phone Number E-mail
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) J /
Provide Title/Explanation
Ticket(s)/Pass(es) provided by agency? Yes❑ No❑ If no:
Name of Source
Was ticket distribution made at the behest Yes❑ No❑ If yes:
Official's Name(Last,First)
of agency official?
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
A. Name of Agency,Department or Unit of Ticket(s)/ Describe the public purpose made pursuant to the agency's policy
Passes
Number
B. Name of Individual of Ticket(s)/ Identify one of the following:
(Last,First) Passes
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
C. (include address and description) of Ticket(s)/ Describe the public purpose made pursuant to the agency's policy
Passes
4. Verification
l have read and understand FPPC Regulations 18944.1 and 18942. /have verified that the distribution set forth above, is in accordance
with the requirements.
Signature of Agency Head or Designee Print Name Title (month,day,year)
Comment:
FPPC Form 802(2/2016)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772)
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 317 of 348
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Agency Report of: California 802
Ceremonial Role Events and Ticket/Pass Distributions Form
A Public Document
This form is for use by all state and local government This form must be maintained as a public document.
agencies. The form identifies persons that receive
admission tickets and passes and describes the public Privacy Information Notice
purpose for the distribution. This form was prepared by
the Fair Political Practices Commission (FPPC)and is Information requested by the FPPC is used to administer
available at www.fppc.ca.gov. and enforce the Political Reform Act. Failure to provide
information may be a violation subject to administrative,
General Information criminal, or civil penalties. All reports are public records
available for inspection and reproduction. Direct questions
FPPC Regulation 18944.1 sets out the circumstances to FPPC's General Counsel.
under which an agency's distribution of tickets to
entertainment events, sporting events, and like occasions Instructions
would not result in a gift to individuals that attend the
function. In general, the agency must adopt a policy which Part 1. Agency Identification:
identifies the public purpose served in distributing the List the agency's name. Provide a designated agency
admissions. The Form 802 serves to detail each event contact person, their phone number, and e-mail address.
and the public purpose of each ticket distribution. FPPC Mark the amendment box if changing any information on
Regulation 18942 lists exceptions to reportable gifts, a previously filed form and include the date of the original
including ceremonial events, when listed on this form. filing.
When the regulation procedures are followed, persons, Part 2. Function or Event Information:
organizations, or agencies who receive admissions Confirm that your agency has a policy for ticket
are listed on a Form 802.Agency officials do not report distribution. Unless the ceremonial role or income box in
the admissions on the official's Statement of Economic Part 3, Section B, is marked, this form is only applicable if
Interests, Form 700, and the value of the admission is not your agency has a policy.
subject to the gift limit.
Complete all of the other required fields that identify the
The Form 802 also informs the public as to whether the ticket value, description of event, date(s)and whether the
admissions were made at the behest of an agency official ticket was provided by the agency or an outside source. If
and whether the behested tickets were provided to an an agency official behests the tickets, the official's name is
organization or to specific individuals. also required. Use the comment field or an attachment to
explain in full.
Exception
Part 3. Ticket Recipients:
FPPC This form is not required for admission provided to a This part identifies who uses the tickets. The identification
school or university district official, coach, athletic director, requirements vary depending upon who received the
or employee to attend an amateur event performed by tickets and are categorized into three sections. Each
students of that school or university. section must list the number of tickets received. Use the
comment field or an attachment to explain in full.
Reporting and Public Posting
Section A. Report tickets distributed to agency staff,
Ticket Distribution Policies: An agency must post its other than an elected official or governing board member,
ticket policy on its website within 30 days of adoption or pursuant to the agency's policy. It is not necessary to list
amendment and e-mail a link of the website location to each employee's name, but identify the unit/department for
FPPC at form802@fppc.ca.gov. which the employee works. The agency must describe the
Form 802: The use of the ticket or pass under the policy public purpose associated with the ticket distribution. A
must be reported on Form 802 and posted on the agency's reference to the policy is permissible.
website within 45 days of distribution.A link to the website Section B. Report: 1) any agency official who performs
location of the forms must be e-mailed to FPPC at a ceremonial role; 2)any agency official who reports the
form802@fppc.ca.gov. value as income; or 3)tickets used by elected officials and
The FPPC will post on its website the link to each agency's governing board members (including those distributed
pursuant to the agency's policy).
policy and completed forms. It is not necessary to send
an e-mail each time a new Form 802 is posted. It is Section C. Report tickets provided to an organization.
only necessary to submit the link if the posting location The organization's name, an address (website url is
changes. permissible), and a brief description of the public purpose
are required.
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 318 of 348 FPPC Form 802(2/2016)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772)
Page 17 of 19
Agency Report of: California 802
Ceremonial Role Events and Ticket/Pass Distributions Form
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
A. Name of Agency,Department or Unit of Ticket(s)/ Describe the public purpose made pursuant to the agency's policy
Passes
Number
B. Name of Individual of Ticket(s)/ Identify one of the following:
(Last,First) Passes
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:
Ceremonial Role ❑ Other ❑ Income ❑
If checking"Ceremonial Role"or"Other'describe below:
Name of Outside Organization Number
C, of Ticket(s)/ Describe the public purpose made pursuant to the agency's policy
(include address and description) Passes
FPPC Form 802(2/2016)
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- agVs 0 R� Aline:866/ASK-FPPC(866/275-3772)
Page 18 of 19
Behested Payment Report A Public Document Behested Payment Report
1. Elected Officer or CPUC Member(Last name,First name) Date StamprF.,
• '
•
Agency Name
icial Use Only
Agency Street Address
Designated Contact Person (Name and title,if different)
❑ Amendment(See Pan 5)
Area Code/Phone Number I E-mail (Optional) Date of Original Filing:
(month,day,year)
2. Payor Information (For additional payors,include an attachment with the names and addresses.)
Name
Address City State Zip Code
3. Payee Information (For additional payees,include an attachment with the names and addresses.)
Name
Address City State Zip Code
4. Payment Information (Complete all information.)
Date of Payment: Amount of Payment: (In-Kind FMv) $
(month,day,year) (Round to whole dollars.)
Payment Type: ❑ Monetary Donation or ❑ In-Kind Goods or Services(Provide description below.)
Brief Description of In-Kind Payment:
Purpose:(Check one and provide description below.) ❑Legislative ❑Governmental ❑Charitable
Describe the legislative, governmental, charitable purpose, or event:
5. Amendment Description and/or Comments
6. Verification
I certify, under penalty of perjury under the laws of the State of California,that to the best of my knowledge,the information contained
herein is true and complete.
Executed on By
DATE SIGNATURE OF ELECTED OFFICER OR CPUC MEMBER
FPPC Form 803(January/2018)
Clear Page Print FPPC Toll-Free Helpline: 866/ASK-FPPC(866/275-3772)
April 16, 2019 Regula tee Packet- Page 320 of 348
Page 19 of 19
CALIFORNIA803 Behested Payment Report • -
Form 803 is used by elected officers and members of the Instructions
California Public Utilities Commission (CPUC)to disclose Part 1-Identification: Identify the official's name, agency,
payments made at their behest, principally for legislative, address, and contact information. Mark the amendment box
governmental, or charitable purposes.This form was prepared if changing information on a previously filed Form 803 and
by the Fair Political Practices Commission (FPPC)and is include the date of the original filing.
available at www.fppc.co.gov.
Part 2-Payor Information: Disclose the name and address
When to File of the person making the payment.A business address is
File Form 803 within 30 days following the date on which the acceptable.
payment(s) meets or exceeds$5,000 in the aggregate from a
single source in a calendar year. (Section 84224.) Once a single Part 3-Payee Information: Identify the name and address
source has made a behested payment of$5,000 or more of the person receiving the payment.A business address is
during the calendar year, subsequent payments of any amount acceptable.
from that source must be reported. Part 4-Payment Information: Disclose the payment date and
Where to File amount using the fair market value (FMV)for donated in-
kind goods or services. Check one box to identify the type of
State Officials:The official's state agency must receive Form payment and provide a description if the payment is an in-kind
803 within 30 days of the date the behested payment is made. good or service. Check one box to identify the purpose and
Within 30 days after receipt of the report,the state agency provide a description.
must forward a copy to the FPPC at:
1102 Q Street,Suite 3000, Sacramento, CA 95811 Part 5-Amendment Description or Comments:Complete this
Fax:916-322-0883 E-mail: Form803(@fppc.ca.gov section if amending a previously filed Form 803 or to provide
additional or clarifying information.
Local Officials:The official's local agency must receive Form
803 within 30 days of the date the behested payment is made. Part 6-Verification: Date and sign the form under penalty of
Within 30 days after receipt of the report,the agency must perjury.
forward a copy to the filing officer who receives the official's
original campaign statements. Example
On April 24, 20XX, at CPUC Member Tully's request,the ABC
General Information: Behested payments are payments Corporation made a monetary donation of$5,000 to the Boys
made principally for legislative,governmental, or charitable and Girls Club.
purposes under Government Code Section 82004.5.These
payments are not for personal or campaign purposes.
Generally, a donation is made at the behest if it is requested, 2.Payor Inform at!on)Fo.addaropalPayors,momdeapanaenmaprwnnmanames and addresses)
ABC Corporation
solicited, or suggested by the official, or otherwise made to Name
1234 Alpha Ave. Sacramento CA 95814
a person in cooperation, consultation, coordination with, or Address city 51e1e Zip Code
at the consent of,the elected officer or CPUC member.This 3.Payee Information(For additional payees,include anattachment with the names and addresses)
also includes payments behested by the official's agent or The Boys and Girls Club
Nem.
employee on the official's behalf. 5678 Bravo Blvd. Sacramento CA 95814
Address City state Zip Code
Exception:If the behested payment is made by a state, local, 4.Payment Information(complela an mrermaue)
April 24,20XX 5,000
or federal government agency and is principally for legislative Date of Payment: (mea Amount of Payment:(I°-Ki°d FMV)$
th day,year) (ftoundro whale dollars)
or governmental purposes,the payment does not have to be Payment Type: x❑Monetary Donation or E]In-Kind Goods or Services(vroeide desc h-bem,v.)
reported. Brief Description of In-Kind Payment:
Privacy Information Notice: Information requested by the Purpose:(Ch—one-opm-e,descdpM1on below) El Legislative El Governmental ❑x Charitable
Describe the legislative,governmental,charitable purpose,or event: Donation to children's community service
FPPC is required by and used to administer and enforce the
Political Reform Act. Failure to provide information may be a organization
violation subject to administrative, criminal, or civil penalties.
All reports and statements are public records available for
inspection and reproduction. If you have any questions, please
contact the FPPC's General Counsel at 1102 Q Street, Suite
3000, Sacramento, CA 95811 or(916) 322-5660.
FPPC Form 803(January/2018)
FPPC Toll-Free Helpline: 866/ASK-FPPC(866/275-3772)
April 16, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 321 of 348