[HISTORY: Adopted by the Town Council of the Town of Mansfield 3-23-1998, effective 4-15-1998. Amendments noted where applicable.]
This chapter shall be known as the "Gifts and Donations Ordinance."
The purpose of this chapter is to outline the uniform procedures which govern the donation to and receipt by the town of gifts of money or of value from citizens, foundations, business concerns and others, both for specific purposes and for general use by the town.
As used in this chapter, the following terms shall have the meanings indicated:
- Anything of value, unless consideration of equal value is received.
- Contributions that include cash, checks or any items of value.
The town shall accept no donation of more than $5,000 unless it has received the prior approval of the Town Council. Donations of $5,000 or less may be made directly to the Director of Finance, who is authorized to accept them without prior Town Council approval.
Contributors of any sum to the town shall provide a letter properly designating the purposes and conditions, if any, of the gift. Individuals desiring anonymity shall state so in that letter. In that event, the town will take care to preserve anonymity of the donor.
The Director of Finance shall establish a special account for the deposit of donations that the donor has designated for a specific purpose. After a period not to exceed two years and/or the completion of the specific purpose for which the funds have been donated, excess funds shall be deposited in the General Fund, unless the town has accepted the gift under different conditions.
All proposed nonmonetary donations are to be brought to the attention of the Town Manager. The Town Manager, at his discretion, shall determine whether a nonmonetary donation requires the approval of the Town Council. The Town Manager shall accept or refuse any nonmonetary donations that are not referred to the Town Council. All nonmonetary donations that are refused by the Town Manager are to be referred to the Town Council.
The donor shall discuss the proposed gift with the Town Manager if the gift is to be directed to a specific program, department or system-wide use. Donors shall execute a document giving the town all rights to the gift in its sole and absolute discretion and relinquish any future claim to the gift.
In considering whether to approve acceptance of nonmonetary gifts, the Town Manager shall consider the following:
Whether the gift is appropriate for a public building or facility.
Whether the gift will benefit the town and the community.
Whether there is space in a public facility to accommodate the gift.
Whether there are maintenance or repair costs involved and, if there are, how they will be funded.
Whether there are insurance costs associated with maintaining the gift.
The town will not evaluate gifts for tax purposes but shall acknowledge the receipt of a gift for purposes of enabling the donor to receive a tax deduction.
At the conclusion of each fiscal year, the Town Manager shall provide to the Town Council a list of all gifts accepted by the town during the preceding fiscal year.
The Town Manager is authorized to enter into and negotiate preliminary proposals for the acquisition of open space, easements and rights-of-way, provided that any final agreements are submitted to the Town Council for approval. No conveyance of any kind shall be recorded until authorized by the Town Council.
The Library Director is authorized to accept or reject any nonmonetary gifts made to the Mansfield Library without the approval of the Town Manager. The current library policy, adopted by the Library Advisory Board regarding the donation of books, videotapes and other media resources, states that the Library Director is responsible for determining which materials are to be accepted for use in the town library. The Library Director is required to provide the total number of donations received to the Town Manager in quarterly reports.
Monetary donations to the library of more than $5,000 shall not be accepted unless it has received the prior approval of the Town Council. Donations of $5,000 or less may be made directly to the Mansfield Library care of the Library Director, who is authorized to accept them without prior Town Council approval.
Contributors of any sum to the library shall provide a letter properly designating the purposes and conditions, if any, of the monetary donation. The Director of Finance shall deposit this donation in the appropriate library line account as requested by the donor.
The Director of the Department of Social Services is authorized to accept monetary donations of up to $5,000 to the town for donations received as a result of an appeal or solicitation for donations (i.e., special needs funds). Unsolicited donations of less than $5,000 made to the Wellness Center and Youth Services Bureau can be accepted by the Director. Any other unsolicited monetary donations of up to $5,000 made directly to the Social Services Department shall be accepted by the Director of Finance in accordance with § 27-4 of this chapter. The Town Council shall accept all monetary donations exceeding $5,000.