Laserfiche WebLink
® 1& <br />BEST BEST & "IEGER <br />ATTORNEYS AT LAW <br />• Political Fundraisers: A public official may receive two tickets from a political <br />committee or candidate to its political fundraiser without triggering either the <br />gift limit or reporting requirements. However, if tickets are provided by a third <br />party, they are valued according to the official's pro rata share of food, <br />catering, entertainment, and any other item provided to the official that is <br />available to all guests attending the event. (Reg. 18946.4.) This applies to <br />fundraisers taking place both inside and outside of California. <br />• Nonprofit Fundraisers: A public official may receive two tickets from a <br />nonprofit 501(c)(3) organization to its fundraising event without triggering the <br />official's gift limit or reporting requirement. This exception is for 501(c)(3) <br />organizations only. Tickets to fundraising events for other nonprofit entities, <br />such as a 501(c)(4) organization, are valued by either: (a) determining the <br />non -deductible portion of the admission; or (b) determining the pro rata share <br />of the cost of food, catering, entertainment, and any other item provided to the <br />official that is available to all guests attending the event. (Reg. 18946.4.) <br />H. Spouses <br />Agencies are not permitted to reimburse the meals of spouses. However, <br />agencies may pay for meals in advance when it is determined to serve a public <br />purpose. The official is responsible for demonstrating the public purpose. We <br />recommend that any such meal or benefit be approved in advance by resolution of the <br />agency's governing body. <br />I. Enforcement <br />Failure to comply with the laws related to gifts and travel payments generally are <br />enforced by the FPPC and may result in monetary penalties of up to $5,000 per <br />violation. (§ 83116.) In some circumstances a knowing and willful violation of these <br />requirements may create criminal liability. (§ 91000a.) <br />Conclusion <br />This memorandum is intended to provide a more in-depth analysis of FPPC <br />Regulations concerning the reporting of gifts, specifically food. It can be a complicated <br />area of law. Best Best & Krieger attorneys are available to assist with any questions <br />regarding this memo or any other public service legal and ethics related questions. <br />-10- <br />PARISSH A. KNOX <br />ALISON P. GOMER <br />GROVER C. TRASK <br />09379.00000A8634133.4 <br />