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THE CITY BOX AT QUALCOMM STADIUM
TAKE US OUT TO THE BALL GAME

A Report by the
San Diego County Grand Jury l997-l998
November 20, 1997

Honorable William J. Howatt, Jr.
Presiding Judge of the Superior Court
State of California
220 West Broadway
San Diego, CA 92101

RE: Grand Jury Report "The City Box at Qualcomm Stadium - Take Us Out to the Ballgame"

Dear Judge Howatt:

The San Diego County Grand Jury 1997-1998 submits the referenced report for filing with the County Clerk in accordance with the Penal Code of California §933 (a). The Jury's inquiry was conducted under Penal Code §925a.

Sincerely,

SAN DIEGO COUNTY GRAND JURY 1997-1998

JAMES F. KELLY, JR.
Foreman

JFK:jml
Enc.

THE CITY BOX AT QUALCOMM STADIUM
TAKE US OUT TO THE BALL GAME

Synopsis:

San Diego City and County elected officials have use of a skybox for all sporting events and concerts held at Qualcomm Stadium (previously Jack Murphy Stadium). Known as the City Box, its use is governed by San Diego City Council Policy 700-22. The San Diego County Grand Jury 1997-98 has reviewed Policy 700-22 and has found that this Policy is not being followed.

History:

The City Box, also known as the Directors' Area, is available for use by the following officials:

These officials, known as credential holders, receive two tickets to events held at the Stadium as well as reserved parking for one vehicle. The credential holders and/or their guests are also provided with a catered buffet, beer, wine and soft drinks courtesy of Service America, the Stadium's food vendor. The City Box is a "landlord" skybox owned by the City of San Diego and remains under its exclusive control.

Policy 700-22:

According to San Diego City Council Policy 700-22, the City Box was "developed for use ... to provide access to the Stadium for persons who can aid the growth and promotion of the City and County of San Diego." It further states that when a credential holder is unable to utilize a ticket for a specific game date, those tickets "should be made available to other credential holders for special civic guests, such as Flag Officers, Congressmen, State Senators, State Assemblymen and other guests. A Guest Book will be maintained in the Directors' Box for all guests entering to sign."

Issues:

Are San Diego's elected officials abiding by City Council Policy 700- 22 as it relates to the use of the City Box?

Are the persons using the elected officials' City Box tickets in fact aiding the growth and promotion of the City and County of San Diego?

Are the unused City Box tickets being made available to "special civic guests" as stated in the Policy?

Investigation:

The Grand Jury reviewed the City Box Guest Book for random events (4 Charger games, 21 Padre Games and 1 concert) held at Qualcomm Stadium between the dates of April 10, 1996 through September 9, 1997.

After this review, the Grand Jury sent letters of inquiry to fifteen elected officials requesting that they provide information regarding the promotional capacity of specific guests whose names appeared In the City Box sign-in book.

Additionally, the Grand Jury conducted telephone interviews with San Diego City and County officials as well as representatives from the San Diego Chargers organization.

Findings:

Responses to the Grand Jury request for the "promotional capacity" of guests whose names appeared in the City Box Guest log included the following:

  1. These responses were typical of those received. While some of the civic designations appear to be legitimate, it is clear from the responses received by the Grand Jury that many of the guests using the credential holders' tickets provided scant promotional benefit for San Diego.

  2. The City Attorney, in response to the Grand Jury, argued that Policy700-22 has no legal authority. Nowhere in this report does the Grand Jury contend that those persons who accepted City Box tickets violated any law.

  3. One City Councilmember's Chief of Staff wrote the Grand Jury that its request for information had caused him to review the Policy which he then selectively edited by deleting the qualifying phrase "for persons who can aid the growth and promotion" of San Diego.

  4. However lacking in civic credentials the San Diego City Council- members' "special civic guests" might be, they attempted to provide at least some identification of their guests.

  5. The San Diego County Board of Supervisors took a more creative approach when asked to describe the guests who used their City Box tickets. The Supervisors provided no information regarding their guests' civic contributions. After each guest's name and the requested promotional description, all five Supervisors wrote "Guest of Supervisor, pursuant to Council Policy." A review of the guests who received the Supervisors' tickets also revealed widespread use by family members, staff and political associates.

  6. The Grand Jury has determined that most, if not all, of San Diego's elected officials are giving their City Box tickets to persons who do not appear to fit the criteria as outlined in San Diego City Council Policy 700-22.

Recommendations:

98/1. San Diego City Council Policy 700-22 should be:

a. adhered to as written or

b. revised so as to allow the credential holders to give their City Box tickets to guests who do not meet the criteria as stated in the Policy. If the credential holders elect to invite such guests, they should pay to the San Diego City Treasurer the fair market value of this perquisite.

98/2. The San Diego County Board of Supervisors should acquaint themselves with San Diego City Council Policy 700-22 and either adopt said Policy or formulate a similar one which would establish guidelines for county elected officials and employees who use the City Box. Grand Jury Recommendation 98/1 b should be reflected in any policy the Board of Supervisors might adopt.

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