Public Records Policies

Agency Gifts Reports

Notice - Gift Declined by an Individual

Form 801

Form 802

Gift Payment Policy
(Form 801)

CalHFA will file Form 801 (“Payment to Agency Report”) to report the following types of payments used for Agency purposes and paid by a third party pursuant to Fair Political Practices Commission (FPPC) Regulations 18944 and 18950.1:

  • A payment for an official’s travel expenses for the purpose of facilitating the public's business in lieu of a payment using agency funds; and
  • A payment that would otherwise be considered a gift or income to the benefiting official, but is instead accepted on behalf of the agency.

The regulations' reporting procedures provide an alternative means to disclose a payment that may otherwise be considered income or a gift to a benefitting employee and subject to reporting on a Statement of Economic Interest, Form 700. If an employee reports the gift/income on Form 700, then Form 801 is not filed.

CalHFA will complete Form 801 for gift payments to the Agency not reported on Form 700 regardless of amount. The individuals benefitting from the gift payments for which a Form 801 has been filed do not need to report the value of the gift/income on their Form 700.

Form 801 will be posted on this webpage within 30 days from the date the complete gift payment has been received by the Agency, and a copy will be forwarded to FPPC (via email to Form801@FPPC.ca.gov) within 30 days after the end of a calendar quarter if aggregated reported payments total $2,500 or more.

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Gift Payment Procedures for Employees
(Form 801)

Employees receiving offers of gift payments pursuant to the Fair Political Practices Commission (FPPC) Regulations 18944 and 18950.1 shall immediately notify their supervisor. Employees may accept only those gift payments for expenses that are equivalent or comparable to those that would be obtained by state employees using the state rate or state per diem (i.e., the type of hotel room, transportation, meals, etc., that would be obtained if using the state contracted or bargained rate for these items). If the employee is a Form 700 (Statement of Economic Interest) filer, then the employee may elect to report the gift payment as income on Form 700. Said election shall be in writing, signed by the employee, and provided to the employee's supervisor no later than 20 days after the employee's receipt of the gift payment/benefit. The supervisor shall forward the signed election to the Filing Officer, who shall file it in the employee's Form 700 file. The employee is then responsible for reporting the gift payment/benefit as income on their Form 700 (Schedule E) for the respective reporting period. If the employee elects not to report the gift payment/benefit as income on Form 700, or if the employee is a non-filer (i.e.,not a Form 700 filer), then Form 801 must be used. The procedures are as follows.

  1. The employee shall complete Form 801 and provide it, along with backup documentation, to their supervisor within 10 days from the date the complete gift payment has been received by the Agency. For example:

    Complete Gift Payment.
    If the gift payment is to pay travel costs (e.g., airfare, taxi, hotel, meals) for the employee to participate on a panel of speakers at a workshop, or to pay/comp all or a portion of the admission fee for the employee to attend a workshop, then the "complete gift payment" is considered to be received by the Agency on the date of the last day of the workshop which the employee participated/attended.

    10 Days.
    If the last day of the workshop which the employee participated/attended is March 1st, then the "10 days" due date is March 11th.

    Backup Documentation.
    "Backup documentation" shall consist of records of all gift payments (whether actually paid or comped) made by the donor for the employee's benefit at the event. The employee shall submit "backup documentation" received from the donor in which the donor provides an accounting of itemized expenditures (e.g., cost of airfare, cost of hotel, value of free/comped admission to workshop). The employee shall submit additional "backup documentation" consisting of actual receipts for any expenses paid directly by the employee and reimbursed by the donor, either directly or through the Agency (e.g., cost of taxi, cost of meals).

  2. The employee shall provide a signed cover memo specifying the date the complete gift payment was received, and the date Form 801 is due (i.e., 30 days from the date the complete gift payment was received). For example:

    30 Days.
    If the last day of the workshop which the employee participated/attended is March 1st, then the "30 days" due date is March 31st.

  3. The supervisor shall submit Form 801 to the Executive Director within 2 days after receipt from the employee, along with the signed cover memo and backup documentation, for verification and signature.
  4. The Executive Director shall sign and forward Form 801 to the Public Records Coordinator, along with the signed cover memo and backup documentation.
  5. The Public Records Coordinator shall review Form 801 for completion and accuracy, contact the employee for corrections, notify the Executive Director of corrections, stamp in once complete and accurate, and then forward to the Filing Officer, along with the signed cover memo and backup documentation.
  6. The Filing Officer shall log and file Form 801, maintain the original form along with the signed cover memo and backup documentation in the file, post on this webpage within 30 days from the date the complete gift payment is received by the Agency, and forward a copy to FPPC (via email to Form801@FPPC.ca.gov) within 30 days after the end of a calendar quarter if aggregated reported payments total $2,500 or more.

Questions

Employees may direct questions concerning Form 801, the Gift Payment Policy or these procedures to the Office of General Counsel. Employees may obtain advice from FPPC via email (advice@fppc.ca.gov) or phone (1-866-ASK-FPPC).

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Form 801 Postings

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Gift Ticket/Pass Policy
(Form 802)

CalHFA will file Form 802 (“Agency Report of: Ceremonial Role Events and Ticket/Pass Distributions”) to disclose who receives tickets or passes that allow admission to facilities, events, shows, or performances for entertainment, amusement, recreational, or similar purposes, which provides details of each event and informs the public as follows:

  • Details each event and the public purpose of each ticket/pass distribution.
  • Informs the public of the Agency’s unit and/or specific individuals to whom the gift tickets/passes were distributed and the public purpose accomplished.

FPPC Regulation 18946 defines “ticket” and “pass.”

FPPC Regulation 18944.1 sets out the circumstances under which an agency’s distribution of tickets to entertainment events, sporting events, and like occasions would not result in a gift to individuals that attend the function.

FPPC Regulation 18942 lists exceptions to reportable gifts, including ceremonial events, when listed on Form 802.

FPPC Form 802 website provides additional guidance.

CalHFA has adopted the California Housing Finance Agency Gift Ticket/Pass Distribution Policy which identifies the public purpose served in distributing gift tickets/passes. This provides an alternative means to disclose a ticket/pass that may otherwise be considered a gift to a benefitting employee and subject to reporting on a Statement of Economic Interest, Form 700.

CalHFA will complete Form 802 for tickets provided by the Agency to its employees. The individuals receiving the tickets for which a Form 802 has been filed do not need to report the value of the tickets on their Form 700.

Form 802 will be filed and posted on this webpage within 30 days from the gift ticket/pass distribution, and a copy will be forwarded to the FPPC (via email to Form802@FPPC.ca.gov) no later than 45 days after the gift ticket/pass distribution. 

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Gift Ticket/Pass Procedures for Employees
(Form 802)

Employees who are Form 700 filers

Employees who are Form 700 (Statement of Economic Interest) filers may, pursuant to procedures set forth below: (1) accept gift tickets/passes for their own personal use and report on Form 700; (2) recommend, through their supervisor, that the Executive Director accept the tickets/passes as a gift to Agency; or (3) return gift tickets/passes to the donor in the proper manner and during the prescribed time period. Procedures are as follows.

  1. Employees who are offered gifts of tickets or passes from a public or private entity or individual shall notify their supervisor within 10 days of receipt of the offer. Employees shall neither agree to accept actual possession of the offered gift nor exercise direction and control over the offered gift. Employees shall provide the notification to their supervisor in writing, via a signed cover memo, which states the date and circumstances under which the offer was received, and shall attach all backup documentation (e.g., a copy of the communication (email, fax, letter, written record of phone call) from the donor with the donor’s name and contact information, a flyer or screenshot of the event details, a valuation of the tickets/passes).
  2. Employees who directly receive gifts of tickets/passes, without having first received an offer, shall notify their supervisor within 5 days of receipt of the gift tickets/passes. Employees shall provide the notification to their supervisor in writing, via a signed cover memo, which states the date and circumstances under which the tickets/passes were received, and shall attach the tickets/passes and all backup documentation (see paragraph 1 above for examples of backup documentation).   As an option to notifying their supervisor, employees may return the gift in the manner and during the prescribed time period pursuant to Fair Political Practices Commission (FPPC) Regulation 18941. (See gift return instructions in paragraph 4.c.(2) below.)
  3. Supervisors shall forward the offer of tickets/passes, or the actual tickets/passes received, as applicable, to the Executive Director within 2 days after receipt from the employee, along with the signed cover memo and backup documentation.
  4. The Executive Director shall determine whether to accept the offer of gift tickets/passes, or whether to keep the actual gift tickets/passes received, as applicable.
    1. If the offer is declined, and no tickets/passes are received, then no Form 802 is required.
    2. If actual tickets/passes have been received, and the Executive Director elects not to accept the tickets/passes as a gift to the Agency, then the Executive Director shall return the unused tickets/passes to the supervisor, who shall forward to the employee.
    3. If the tickets/passes are returned to the employee, said employee shall do one of the following:
      1. Keep the gift and report on Form 700: If the value of the tickets/passes does not exceed the gift limit established by FPPC, and acceptance of the tickets/passes by the employee is neither a conflict of interest (real or perceived) nor an incompatible activity for the employee, then the employee may elect to accept the tickets/passes as a personal gift and report on Form 700. Said election shall be in writing, signed by the employee, and provided to the employee's supervisor no later than 20 days after the tickets/passes are returned to the employee. The supervisor shall forward the signed election to the Filing Officer, who shall file it in the employee's Form 700 file. The employee is then responsible for reporting the gift on their Form 700 (Schedule D) for the respective reporting period.
      2. Return the gift and keep a record: If the employee elects not to accept the gift tickets/passes, and if the time period within which to return the gift has not expired, then the employee shall return the gift in the manner and during the prescribed time period pursuant to FPPC Regulation 18941. (The time period within which to return a gift is typically no later than 30 days from the date of receipt of the gift from the donor. Employees should read the regulation for complete requirements. If more than 30 days have passed, then the employee must report the gift on Form 700, even if the employee does not attend the event. See gift reporting instructions in paragraph 4.c.(1) above.)  Said employee shall keep a record of the gift return (e.g., dated and signed letter sent to donor, postmarked envelope in which gift tickets/passes are returned, photocopy of gift tickets/passes, a copy of FPPC Regulation 18941) in the employee's personal folder.
    4. It shall be the employee's responsibility to ascertain that gift tickets/passes directly received by the employee, which are not accepted as a gift to Agency by the Executive Director, are returned to the employee within sufficient time to return the gift to the donor pursuant to FPPC Regulation 18941. It shall be the employee's burden to deal with the consequences. Employees are urged to calendar the due dates, and follow up with their supervisor and/or the Executive Director. This is especially important if the employee is not able to keep the tickets/passes as a personal gift, for example, if the value of the tickets/passes exceed the gift limit established by FPPC, or if acceptance of the tickets/passes by the employee is either a conflict of interest (real or perceived) or an incompatible activity.
  5. If the gift tickets/passes are accepted by the Executive Director, then she/he shall distribute the tickets or passes pursuant to the California Housing Finance Agency Gift Ticket/Pass Distribution Policy.

Employees who are non-filers:

Employees who are non filers (i.e., not Form 700 filers) may not accept gift tickets/passes for their own personal use. Said employees may, pursuant to the procedures set forth below: (1) recommend, through their supervisor, that the Executive Director accept the tickets/passes as a gift to Agency; or (2) return gift tickets/passes to the donor in the proper manner and during the prescribed time period. Procedures are as follows.

  1. Employees who are offered gifts of tickets or passes from a public or private entity or individual shall notify their supervisor within 10 days of receipt of the offer. Employees shall neither agree to accept actual possession of the offered gift nor exercise direction and control over the offered gift. Employees shall provide the notification to their supervisor in writing, via a signed cover memo, which states the date and circumstances under which the offer was received, and shall attach all backup documentation (e.g., a copy of the communication (email, fax, letter, written record of phone call) from the donor with the donor's name and contact information, a flyer or screenshot of the event details, a valuation of the tickets/passes).
  2. Employees who directly receive gifts of tickets/passes, without having first received an offer, shall notify their supervisor within 5 days of receipt of the gift tickets/passes. Employees shall provide the notification to their supervisor in writing, via a signed cover memo, which states the date and circumstances under which the tickets/passes were received, and shall attach the tickets/passes and all backup documentation (see paragraph 1 above for examples of backup documentation). As an option to notifying their supervisor, employees may return the gift to the donor within 30 days of receipt.
  3. Supervisors shall forward the offer of tickets/passes, or the actual tickets/passes received, as applicable, to the Executive Director within 2 days after receipt from the employee, along with the signed cover memo and backup documentation.
  4. The Executive Director shall determine whether to accept the offer of gift tickets/passes, or whether to keep the actual gift tickets/passes received, as applicable.
    1. If the offer is declined, and no tickets/passes are received, then no Form 802 is required.
    2. If actual tickets/passes have been received, and the Executive Director elects not to accept the tickets/passes as a gift to the Agency, then the Executive Director shall return the unused tickets/passes to the supervisor, who shall forward to the employee.
    3. If the tickets/passes are returned to the employee, said employee shall return the gift to the donor within 30 days of the date returned to the employee by the supervisor.
  5. If the gift tickets/passes are accepted by the Executive Director, then she/he shall distribute the tickets or passes pursuant to the California Housing Finance Agency Gift Ticket/Pass Distribution Policy.

Reporting and Posting

Procedures are as follows.

  1. The Executive Director shall complete and sign Form 802 for all gift tickets/passes distributed, and forward to the Public Records Coordinator, along with the signed cover memo and backup documentation.
  2. The Public Records Coordinator shall review Form 802 for completion and accuracy, contact the Executive Director for corrections, if needed, stamp in once complete and accurate, and forward to the Filing Officer, along with the signed cover memo and backup documentation.
  3. The Filing Officer shall log and file Form 802, maintain the original form along with the signed cover memo and backup documentation in the file, post on this webpage within 30 days from gift ticket/pass distribution, and forward a copy to FPPC (via email to Form802@FPPC.ca.gov) no later than 45 days after gift ticket/pass distribution.

Questions

Employees may direct questions concerning Form 802, the Gift Ticket/Pass Policy or these procedures to the Office of General Counsel. Employees may obtain advice from FPPC via email (advice@fppc.ca.gov) or phone (1-866-ASK-FPPC).

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California Housing Finance Agency Gift Ticket/Pass Distribution Policy

  1. Definitions.
    1. "CalHFA" or "Agency" is the California Housing Finance Agency.
    2. "FPPC" is the Fair Political Practices Commission.
    3. "Policy" is this California Housing Finance Agency Gift Ticket/Pass Distribution Policy.
    4. "Ticket/Pass" is a "ticket" or "pass" as defined in FPPC Regulations 18944.1 and 18946.
    5. "Agency Head" is the CalHFA Executive Director or designee.
    6. "Form 802" is the "Agency Report of Ceremonial Role Events and Ticket/Pass Distributions"
  2. Purpose of Policy. The purpose of this Policy is to ensure that every ticket/pass received by CalHFA from public and private entities and individuals is distributed in furtherance of governmental and/or public purposes.
  3. Limitation. This policy shall only apply to CalHFA's distribution of a ticket/pass to a CalHFA employee.
  4. Ticket/Pass Distribution Public Purposes. CalHFA may accomplish one or more of the following governmental and/or public purposes through the distribution of a ticket/pass to a CalHFA employee:
    1. To promote affordable housing programs.
    2. To promote programs, services and products for homeowners who have suffered a financial hardship.
    3. To provide CalHFA opportunities to market its programs and products to advance affordable housing policies.
    4. To reward a CalHFA employee for her or his exemplary service to the public.
    5. To promote employment retention, including enhancement of employee morale.
    6. To use in a CalHFA employee competition or drawing.
    7. To use for any purpose substantially similar to the above listed purposes.
    The above list is illustrative rather than exhaustive.
  5. Public Purpose Requirements. The distribution of any ticket/pass by CalHFA to its employee shall be done by the Agency Head and shall accomplish a governmental and/or public purpose.
  6. Transfer Prohibition. The transfer by any CalHFA employee of any ticket/pass distributed to such CalHFA employee pursuant to this Policy to any other person, except to members of the CalHFA employee's immediate family for their personal use, or no more than one guest solely for their attendance at the event, is prohibited.
  7. Website Posting. This policy shall be posted on the CalHFA website.
  8. Website Disclosure. The distribution of a ticket/pass pursuant to this Policy shall be posted on the CalHFA website within thirty (30) days after ticket/pass distribution. Such posting shall use Form 802.

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Form 802 Postings

None at this time

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