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HomeMy WebLinkAboutK20 Gifts or Payments to the City Policy CITY COUNCIL POLICY SUBJECT: GIFTS OR PAYMENTS TO THE CITY POLICY NO.: K-20 PURPOSE: The purpose of this policy is to set forth the circumstances under which a payment made to the City, that is controlled by the City, and used for official business is not considered a reportable or limited gift to an individual City Official under the laws and regulations of the California Political Reform Act and Fair Political Practices Commission, although the City Official receives a personal benefit from the payment. This policy is drafted consistent with 2 California Code of Regulations, Section 18944. I. DEFINITIONS: City Official—Shall mean members, officers, employees, or consultants of the City, consistent with Government Code Section 82048. Agency Head—Shall mean the City Manager or his or her designee. Payment—Shall mean a monetary payment, loan, gift, or other transfer and includes the payment for or provision of goods and services. The definitions provided herein are a helpful reference and are not exclusive. All words and terms used herein, unless provided otherwise, shall have the same meaning as such words and terms in the California Political Reform Act and the Fair Political Practices Commission regulations as same may be amended from time to time. II. CITY REPORTING POLICY: The Payment shall be considered a Payment to the City and not a reportable or limited gift to a City Official, even though the City Official receives a personal benefit from the Payment, if all of the following criteria are met: 1. City Controls Use of Payment. The Agency Head determines and controls the City's use of the Payment. If the Payment will provide a personal benefit to an official, the Agency Head shall select the individual who will use the Payment and may not distribute the Payment to himself or herself. Page 1 of 4 CITY COUNCIL POLICY SUBJECT: GIFTS OR PAYMENTS TO THE CITY POLICY NO.: K-20 Alternatively, the Agency Head may request that the City Council determine the City's use of the Payment and determine the specific City Officials who shall use the Payment. The donor may identify a purpose for the Payment, but the City shall not accept a Payment pursuant to this policy if the donor designates the specific City Official(s) who may use the Payment. 2. Official City Business. The Payment is used for official City business. 3. City Reports the Gift. Within thirty (30) days after use of the Payment, the Agency Head shall report the Payment on FPPC Form 801 and must meet the reporting requirements discussed below. If the above criteria are not all met, then the gift received which benefits a City Official is subject to gift limitations and reporting requirements applicable to the City Official. With respect to gifts of food and beverage, the City Official who consumes the food and beverage may be required to comply with reporting requirements, depending on the value of the food and beverage consumed, as such payments are generally deemed not used for "official City business." III. APPLICABILITY: This policy does not apply to the following Payments: 1. Passes or Tickets, as Described in FPPC Regulation 18944.1. Consult Council Policy A-15, City of Mountain View Ticket Distribution Policy for Shoreline Amphitheatre and Other Tickets, and 2 California Code of Regulations 18944.1. 2. Gifts of Travel May be Exempt from this Policy. A Payment for travel is reportable by the City only under the following circumstances: a. A City-designated filer or nonfiler receives a travel Payment that does not exceed the City's reimbursement rates for travel, meals and lodging, and other actual necessary expenses. Page 2 of 4 CITY COUNCIL POLICY SUBJECT: GIFTS OR PAYMENTS TO THE CITY POLICY NO.: K-20 b. The travel Payment was preapproved by the Agency Head in writing prior to the date of travel. 3. Payments from the Federal Government. A grant, reimbursement, funding, or other Payment received by the City from a Federal Government agency for education, training, or other interagency program will not be considered a gift to the public official who receives a personal benefit from the Payment. IV. CITY REPORTING REQUIREMENTS: If the City is required to report the Payment, the City shall report the accepted gift on FPPC Form 801. Form 801 shall be completed in its entirety by the Agency Head. The City must report the following: 1. A description of the Payment, date received, intended purpose, and the amount of the Payment (or the actual or estimated value of the goods or services provided). If the donor of Payment designates a purpose for the Payment, this designated purpose should be included in the Description Section of the form under Payment Information. 2. The name and address of the donor or, if the donor is not an individual, the business activity, or the nature and interests of the entity. If the donor has raised funds from others for the specific purpose of making the Payment to the City, Form 801 shall include the names of and amounts given by these other persons. 3. The City's use of the Payment, and the name, title, and department of the City Official for whom the Payment was used. If reporting travel, the form shall include the date(s) and place(s) of travel and a breakdown of the total expenses for transportation, lodging, meals, and other related expenses. 4. The Agency Head shall sign the form and the City Clerk shall maintain as a public record subject to inspection and copying for four (4) years. Page 3 of 4 CITY COUNCIL POLICY SUBJECT: GIFTS OR PAYMENTS TO THE CITY POLICY NO.: K-20 5. The Agency Head shall provide the completed Form 801 to the City Clerk within thirty (30) days after use of the Payment, and the City Clerk shall post a copy of the form on the City web site for four (4) years. 6. The City Clerk shall create and maintain a log of the forms under the names of the City and City Officials receiving the Payment. Effective Date: October 9, 2012, Resolution No. 17725 NC/7/CNLPOL K20-012CP Page 4 of 4