File #: 2021-0634   
Type: Policy Status: Passed
File created: 9/23/2021 In control: Board of Directors - Regular Board Meeting
On agenda: 10/28/2021 Final action: 10/28/2021
Title: CONSIDER: A. APPROVING the Tickets or Passes Distribution Policy in Attachment A; and B. AUTHORIZING the Chief Ethics Officer to amend the policy consistent with any changes in state law or Metro priorities.
Sponsors: Executive Management Committee
Indexes: Policy, Public policy, State laws
Attachments: 1. Attachment A - Tickets or Passes Distribution Policy
Related files: 2021-0700

Meeting_Body

EXECUTIVE MANAGEMENT COMMITTEE

OCTOBER 21, 2021

 

Subject

SUBJECT:                     TICKETS OR PASSES DISTRIBUTION POLICY

 

Action

ACTION:                     APPROVE RECOMMENDATIONS

 

Heading

RECOMMENDATION

 

Title

CONSIDER:

 

A.                     APPROVING the Tickets or Passes Distribution Policy in Attachment A; and

 

B.                     AUTHORIZING the Chief Ethics Officer to amend the policy consistent with any changes in state law or Metro priorities.

 

Issue

ISSUE

 

Currently, Metro does not have a Tickets or Passes Distribution Policy. The policy provides required standards set by the California Fair Political Practices Commission (“FPPC”) so that the tickets or passes provided to Metro from outside sources, and then appropriately distributed to the Metro Board, Board staff, Metro employees and designated consultants, are not considered gifts under state law.

 

Background

BACKGROUND

 

Throughout 2020 and 2021, Metro received offers of tickets or passes during the COVID-19 pandemic from outside sources generally seeking to boost the morale of frontline workers and other agency personnel. Under state law, to properly accept and distribute these tickets or passes without requiring potential disclosure on California Form 700 as gifts, the Metro Board of Directors must adopt a policy consistent with regulations issued by the FPPC.

 

Dozens of California cities, counties, and other governmental entities (e.g., Los Angeles County and the City of Los Angeles) have adopted similar policies. In adopting the policy, Metro would align with the rest of the state and ensure that all offers of tickets or passes are accepted under the standards set by state law.

 

Discussion

DISCUSSION

 

The FPPC permits the acceptance and distribution of tickets or passes provided to public agencies from outside sources, without considering the tickets or passes as gifts under state law, only if agencies adopt policies consistent with FPPC regulations (currently contained in FPPC Regulation § 18944.1). Once adopted, assuming compliance with the policy, Metro may accept ticket offers and distribute the tickets to agency personnel without requiring individual Form 700 reporting requirements. The policy also sets specific standards for distribution so that outside entities do not earmark tickets for specific Metro employees. It also provides a list of permissible purposes for acceptance and distribution, furthering Metro’s goals and serving the public’s best interests. Lastly, the policy requires public disclosure on Metro’s website, consistent with state requirements.

 

Given that future ticket offers may be intended for distribution to hundreds of Metro employees, it is necessary that a policy guide the distribution process so that individual employees do not trigger potential reporting requirements. The policy also ensures the public’s trust in any Metro ticket distribution to agency personnel by implementing appropriate standards set by the FPPC.

 

Determination_Of_Safety_Impact

DETERMINATION OF SAFETY IMPACT

 

There is no safety impact by adopting this policy.

 

Financial_Impact

FINANCIAL IMPACT

 

There is no financial or budgetary impact by adopting this policy.

 

Equity_Platform

EQUITY PLATFORM

 

There is no direct equity impact by adopting this policy. However, Section 2.7 states that “Disproportionate use of tickets or passes by the Agency Board of Directors, Chief Executive Officer or any Agency Department head is prohibited.” As policy administrator, the Communications Department will track the tickets to ensure an equitable distribution across all Metro departments.

 

Implementation_of_Strategic_Plan_Goals

IMPLEMENTATION OF STRATEGIC PLAN GOALS

 

Goal 5.2: Metro will exercise good public policy judgment and sound fiscal stewardship.

 

Alternatives_Considered

ALTERNATIVES CONSIDERED

 

If the Board does not approve the policy, tickets or passes provided to Metro from outside sources and then distributed to Metro officials may be reportable gifts. Metro must then make considerable efforts to track the gifts to ensure compliance with state law and FPPC regulations. Additionally, Metro would not adopt publicly available standards set by the FPPC for ticket acceptance and distribution.

 

Next_Steps

NEXT STEPS

 

If approved, Metro will engage with outside sources, and distribute any tickets or passes, consistent with the policy.

 

Attachments

ATTACHMENTS

 

Attachment A - Tickets or Passes Distribution Policy

 

Prepared_by

Prepared by:                      Paul Solis, Chief Ethics Officer, (213) 922-2944.

 

Reviewed_By

Reviewed by:                      Paul Solis, Chief Ethics Officer, (213) 922-2944.