REPORT TO COUNCIL
SUBJECT
Title
Action on Gifts to Elected and Appointed Officials Policy
Report
BACKGROUND
At the September 11, 2017 Governance Committee meeting, the Committee recommended that the Gifts to the City Policy be updated to address gifts to elected and appointed officials.
At the September 11, 2018 City Council meeting, both the Gifts to Elected and Appointed Officials policy and the Donations to the City policy were brought forward under one item for Council for approval; the City Council voted unanimously to defer taking action on the policies until the October 2, 2018 City Council meeting so that staff can notice the individual policies separately for full transparency.
DISCUSSION
The Gifts to Elected and Appointed Officials policy is a modification of existing policy, Council Policy 016, titled “Gifts to the City” (Attachment 1). This newly modified policy seeks to address gifts made directly to elected or appointed officials and provides guidelines for acceptance of gifts. To signify that the policy focuses on gifts made directly to elected or appointed officials, staff recommends changing the title of Council Policy 016 from “Gifts to the City” to “Gifts to Elected or Appointed Officials.”
The amended Gifts to Elected and Appointed Officials Policy (Attachment 2) focuses on the process for accepting gifts given directly to elected and appointed City officials, including Board, Commission, or Committee members, and establishes the procedure and requirements for accepting gifts. This policy does not apply to tickets to events. As part of a previous Council directive, staff acknowledges that the Council referred the development of a policy regarding the donation and distribution of tickets to the City Manager and that policy development is pending completion.
The policy is intended to supplement, rather than replace, applicable state law including the provisions of the Political Reform Act. The annual gift limit amount can be found in the California Code of Regulations (Attachment 3); the current annual gift limit amount for the period of January 1, 2017, to December 31, 2018, is $470, and this figure is adjusted biennially for inflation. The amended policy also includes alternative options for received gifts; within 30 days of receipt, the elected or appointed official may return the unused gift to the gift-giver, reimburse the gift-giver for the value of the gift, or donate the gift to a nonprofit group without taking a tax deduction.
Regardless of the options to receive gifts, the policy prescribes that elected or appointed officials shall disclose verbally the acceptance of any gift at a public meeting of a body on which the official serves during the Reports of Members portion of the agenda or, for elected department heads, by submitting a Report to Council.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact other than staff time.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a resolution to approve the Gifts to Elected and Appointed Officials policy
Staff
Reviewed by: Walter C. Rossmann, Chief Operating Officer
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Gifts to Elected and Appointed Officials Policy (Redline)
2. Gifts to Elected and Appointed Officials Policy (Clean)
3. Excerpt from California Code of Regulations - Section 18940.2
4. Resolution to Adopt Gifts to Elected and Appointed Officials policy