[Ord. No. 393, 1-10-2022]
The purpose of this Chapter is to set forth the procedures for
accepting donations, gifts and sponsorships made to the City of Hallsville,
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. 393, 1-10-2022]
As used in this Chapter, the following terms shall have these
prescribed meanings:
CITY
The City of Hallsville, Missouri, and/or any of its departments.
CUMULATIVE VALUE
The total value of gifts and donations offered by a single
individual or entity in a given calendar year.
GIFTS AND DONATIONS
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 Hallsville in association with rights-of-way,
sidewalks, City facility construction, enhancement projects or similar
infrastructure; nor shall they include government grants.
TARGETED SOLICITATION
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. 393, 1-10-2022]
A. 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. 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. 393, 1-10-2022]
A. The
City Administrator and the Board of Aldermen shall consider the following
when determining whether a donation should be accepted:
1. Whether the donor's designated use of the donation is consistent
with existing City policies, programs and City objectives;
2. 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. Whether the accounting for the donation is unduly complex or burdensome;
4. 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. 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. 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. 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. 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. 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. Whether the ownership of the item to be donated is well established
and is able to be legally transferred;
11. Whether the item to be donated is of such a nature as to be reasonably
likely to offend common sensibilities; and
12. Any other matters deemed pertinent by the City Administrator and
the Board of Aldermen.
[Ord. No. 393, 1-10-2022]
A. 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. 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. 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. 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. 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. 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. 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. 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. 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. 393, 1-10-2022]
A. 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. 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. 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. Before
accepting a commercial sponsorship under this Chapter, the City Administrator
and the Board of Aldermen shall ensure that:
1. The terms of the sponsorship are to be clearly defined;
2. The terms of any sponsorship agreement are to be set forth in a written
agreement; and
3. If appropriate under the circumstances, bids are sought for such
commercial sponsorship.