[Ord. No. 3532 §1, 8-24-2010]
The purpose of this Chapter is to set forth the procedures for
accepting donations, gifts and sponsorships made to the City of Town
and Country, Missouri, in a manner that both encourages and facilitates
gifts and donations and protects the integrity of the City's municipal
decision making processes.
[Ord. No. 3532 §1, 8-24-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The City of Town and Country, Missouri, and/or any of its
departments.
The total value of gifts and donations offered by a single
individual or entity in a given calendar year.
Shall be synonymous and may be a monetary contribution, items
of value such as equipment and in-kind goods or services, sponsorships
and real property or the use of real property that the City has accepted
and for which the donor has not received any goods or service in return.
The terms "gift" and "donation" shall not include uncompensated property
interests acquired by the City of Town and Country in association
with rights-of-way, sidewalks, City facility construction, enhancement
projects or similar infrastructure; nor shall they include government
grants.
The direct petition or contact of specific individuals, companies,
foundations or other entities initiated by the City for the purpose
of receiving goods, services or other gifts or donations for the City.
Targeted solicitation excludes the direct petition for government,
private or non-profit grants for the City programs, projects and services
approved by the Board of Aldermen.
[Ord. No. 3532 §1, 8-24-2010]
A.Â
Authorization For The City Administrator To Accept Gifts Of Twenty-Five
Thousand Dollars ($25,000.00) Or Less. The City Administrator
shall have authority to make a final decision whether to accept offers
of donations to the City with a cumulative value of twenty-five thousand
dollars ($25,000.00) or less. The City Administrator may delegate
this authority to a department head or other City designee if acceptance
of a given donation is specifically in keeping with an approved and
established fundraising program. Donated money will be expended for
the specific purpose so designated or for general purposes if no intent
is specified. Donations of equipment will be evaluated for usefulness,
ongoing maintenance costs and potential future replacement cost. The
authorization of in-kind contributions and sponsorships for specific
events will be treated in the same way as donated funds. Corporations
offering sponsorships or in-kind contributions will be requested to
state the value of the offer or service. The City Administrator will
decide on a per case basis if the donation should be accepted.
B.Â
Authorization For The Board Of Aldermen To Accept Gifts Of More Than
Twenty-Five Thousand Dollars ($25,000.00). The Board of Aldermen
shall have authority to make a final decision whether to accept offers
of donations to the City with a cumulative value over twenty-five
thousand dollars ($25,000.00). Corporations offering sponsorships
or in-kind contributions will be requested to state the value of the
offer or service. The Board of Aldermen will decide on a per case
basis if the donation should be accepted or rejected.
[Ord. No. 3532 §1, 8-24-2010]
A.Â
The City
Administrator and the Board of Aldermen shall consider the following
when determining whether a donation should be accepted:
1.Â
Whether
the donor's designated use of the donation is consistent with existing
City policies, programs and City objectives;
2.Â
Whether
restrictions upon the use, disposal or retention of the donation are
of such a nature as to make the donation impractical to accept;
3.Â
Whether
the accounting for the donation is unduly complex or burdensome;
4.Â
Whether
the donation is likely to require a level of repair or maintenance
which would make it unduly burdensome or cost prohibitive to accept;
5.Â
Whether
the donation requires the purchase of other equipment or materials
to make it useful and which would in turn make it unduly burdensome
or cost prohibitive to accept;
6.Â
Whether
acceptance of the donation is reasonably likely to present a conflict
of interest or the appearance of a conflict of interest for the City
or City personnel.
7.Â
Whether
acceptance of the donation is reasonably likely to imply endorsement
of commercial products, services, companies or individuals; any political
or religious views; or any particular perspective on controversial
community issues;
8.Â
Whether
the donation will result in additional operating costs for which a
funding source has not been identified and approved. For example,
whether a one-time donation would require additional funding from
the City in subsequent years;
9.Â
Whether
acceptance of the donation poses a burdensome level of additional
potential liability, for example, due to the level of indemnifications,
insurances, bonding or warranties requested by the donor;
10.Â
Whether
the ownership of the item to be donated is well established and is
able to be legally transferred;
11.Â
Whether
the item to be donated is of such a nature as to be reasonably likely
to offend common sensibilities; and
12.Â
Any
other matters deemed pertinent by the City Administrator and the Board
of Aldermen.
[Ord. No. 3532 §1, 8-24-2010]
A.Â
Upon
acceptance of a donation to the City by the City Administrator or
the Board of Aldermen, responsibility for management of the donation
shall lie with the department head or other City designee having authority
to use the donation for the departmental or other specified purpose.
B.Â
The Finance
Director shall be responsible for the accounting procedures for donations
made under this Chapter and shall carry out such responsibilities
in accordance with the City's established accounting procedures.
C.Â
A written
receipt of all donations shall be completed and signed by the responsible
department head or City designee. The donor shall be sent a copy of
the written receipt and a copy shall be sent to the Finance Director.
D.Â
The appropriate
department head or City designee shall also acknowledge each donation
by letter, thanking the donor. For donations accepted by the Board
of Aldermen, other forms of recognition may be approved by the Board
of Aldermen if appropriate under the circumstances. Such recognition
may include, but is not limited to, inclusion in City publications
and plaques.
E.Â
Quarterly
written summaries of all donations shall be presented to the Board
of Aldermen and the Finance and Economic Opportunities Commission
by the Finance Director.
F.Â
The City
shall retain a written receipt of each donation identifying the name
of the donor, the amount and the date of the donation and the nature
of restrictions on spending, if any.
G.Â
Appropriate
purchases may be made using funds donated for the designated purpose.
Funds shall be held by the City until they are spent for their intended
purpose.
H.Â
Where
donations are being accumulated for a major project or fundraising
campaign, the funds will be held by the City until sufficient funds
for the proposed project have been obtained. Funds from donations
may not be released and the proposed project may not commence until
sufficient funds to complete the project have been secured and/or
identified and spending authority has been obtained. Where appropriate,
sunset provisions shall be identified at the outset for major projects
and fundraising initiatives to provide guidance in the event funding
targets are not attained.
I.Â
Individual
departments and the City, in general, may produce and distribute broad
outreach materials outlining opportunities and procedures for making
donations, including those in honor or recognition of a person organization
or event. Any targeted solicitation undertaken by any City employee
must be approved in advance by the City Administrator or his/her designee.
[Ord. No. 3532 §1, 8-24-2010]
A.Â
Before
either the City Administrator or the Board of Aldermen make a decision
as to whether to accept commercial sponsorship in support of a program,
event, good or service, where the sponsor expects to receive advertising
in return, the City Administrator and/or the Board of Aldermen shall
first consider any recommendations from any affected advisory boards.
B.Â
The City
Administrator shall have the authority to approve such sponsorships
of twenty-five thousand dollars ($25,000.00) or less and involving
a commitment of twelve (12) months or less.
C.Â
The Board
of Aldermen shall have authority to approve such sponsorships exceeding
twenty-five thousand dollars ($25,000.00) or involving a commitment
of more than twelve (12) months.
D.Â
Before
accepting a commercial sponsorship under this Chapter, the City Administrator
and the Board of Aldermen shall ensure that:
