Chapter 3.70
ACCEPTANCE OF DONATIONS, DEVISES
OR BEQUESTS
Sections:
3.70.020 Acceptance of donations.
3.70.030 Responsibility for records.
3.70.040 Conflicts of interest.
3.70.010 Definitions.
“Donation” means any money or real or personal property that is donated, gifted, devised, or bequeathed to the city. A monetary donation includes any cash or a check, money order, or any other negotiable instrument. A nonmonetary donation includes any real or personal property, including art.
“Practical use” means a use of a nonmonetary donation to the city that balances how the city may use a donation, relative to any costs the city may incur to store, maintain, or use the nonmonetary donation. This concept of practical use is intended to be a balancing test of the totality of all known factors relating to a potential donation’s usefulness to the city.
“Restricted donation” means a donation that is given with any restriction or limitation being placed on its use. A restricted donation includes any donation that is designated for a particular city department, location, or purpose.
“Unrestricted donation” means a donation that is given without restriction or limitations being placed on its use. (Ord. 19-13 § 2 (part), 2019)
3.70.020 Acceptance of donations.
A. The city manager may accept or decline any donation and carry out the terms or conditions of the donations subject to the following conditions:
1. The city manager shall evaluate all donations prior to acceptance to determine whether the donation is in the city’s best interests and is consistent with applicable city laws, policies, ordinances, and resolutions.
2. The city manager may accept or decline, without city council action, monetary donations valued up to twenty-five thousand dollars. The city manager may, at his/her discretion, seek input from the city council as to whether a donation should be accepted or not by the city.
3. The city manager may accept or decline any nonmonetary donations. In determining whether to accept the nonmonetary donation, the city manager shall consider the practical use the city could make of the property. The city manager may, at his/her discretion, seek input from the city council as to whether a donation should be accepted or not by the city when accepting the donation would require expenditures of city funds for storage, maintenance, upkeep, repair, or similar costs.
B. If the city manager elects to accept a monetary or nonmonetary donation, a donation agreement shall be initiated and signed by the donor, the city manager, and the finance director. The donation agreement shall describe all relevant restrictions, if any, regarding the donation. The city shall maintain the original donation agreement, but a copy shall be provided to the donor upon request.
1. If the donation is a monetary donation, the finance director shall deposit the cash, check, money order, or other negotiable instrument into the appropriate fund upon receipt of the fully executed donation agreement.
2. If the donation is a nonmonetary donation, the donation agreement shall describe all relevant restrictions and ongoing costs associated with the acceptance of the donation. Upon receipt of the fully executed donation agreement, the finance director shall credit the appropriate fund for the asset received.
C. The determination by the city manager to accept or decline any donation pursuant to this chapter shall be final, and is not appealable. The city manager shall provide notice to the city council within thirty days of receipt of any donation to the city, or the determination to decline a donation.
D. The city manager shall, for each donation accepted, communicate an acknowledgement of acceptance and appreciation on behalf of the city.
E. The city does not provide legal, accounting, tax, or other such advice to donors. Each donor is ultimately responsible for ensuring the donor’s proposed donation meets and furthers the donor’s charitable, financial, or estate planning goals. (Ord. 19-13 § 2 (part), 2019)
3.70.030 Responsibility for records.
The finance department shall have the responsibility of maintaining records showing receipts and disbursements for all donations. All unrestricted donations shall be deposited to the general fund. All restricted donations shall be deposited to the fund most appropriate to carry out the restrictions or conditions of the donation. The department may also establish rules and regulations for the administration of such activity with approval of the city manager. (Ord. 19-13 § 2 (part), 2019)
3.70.040 Conflicts of interest.
The city manager shall not accept any donation which creates a conflict of interest, is given in return for financial favors, triggers a city-business related benefit to the donor, or which reasonably creates an appearance of impropriety. If the city manager has a question as to whether a donation creates a conflict of interest or may create an appearance of impropriety, the city manager shall consult with the city attorney. (Ord. 19-13 § 2 (part), 2019)
3.70.050 Use.
Once a donation is accepted by the city manager, or by motion of the city council for a monetary donation over twenty-five thousand dollars, the donation shall become city property, and the city shall have sole discretion as to how the donation is to be utilized except as otherwise outlined in the executed donation agreement. The maintenance, repair, and disposal of a donation shall be at the sole discretion of the city regardless of any terms or conditions impost of the receipt of the donation. (Ord. 19-13 § 2 (part), 2019)