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HomeMy WebLinkAbout1998-02-23 98-120 ORDERCOUNCIL ACTION Item No. 98-120 Date February 23 1998 Item/Subject: Adopting "City of Bangor Donors' Hill of Rights and Responsibilities" as a Statement of the City Policy Concerning Charitable Solicitations Responsible Department: Legal See memo attached. Department Head v Manager's Comments:. C�n\/I.0 Tw . vel g amid City cityn as Associated InformatlOn: Order, Bill of Rights, Memo Finance Director v �W City SolicltOY introduced For Passage First Reading Referral {V C17 COUACII W04ubtp Page of 98-120 Aeeigned bl:ountilw Farnham February 23, 1990 CITY OF BANGOR (TITLE,) Mraer, Adopting city of 11 Bang1. or 11.1 Don11 ors Hil1. l 11 of Right11 s and Responsibilities" as a Statement of the City Policy Concerning Charitable Solicitations .....__.... . .._.._._... ..... -.. ........ By FL city(bywil of oft of Ba .- ORDRRRD, MT WHEREAS, the City of Bangor and its employees are involved, in varying degrees, in a large number of charitable fundraising activities that directly benefit the City of Bangor and City programs; and WHEREAS, there is a need to assure that those who are solicited for donations are fully informed about the nature and purpose of the solicitation, and to provide public assurances concerning the integrity of City fundraising activities in general, NOW, THEREFORE, BE IT ORDERED that the attached document titled "City of Bangor Donors' Bill of Rights and Responsibilities" is hereby adopted as a statement of the City's policy concerning charitable solicitations conducted, sponsored, or co-sponsored by the City of Bangor. IN CITY COUNCIL February 23, 1998 First Reading Referred no Full Council Workshop zz STY LERK IN CITY COUNCIL April 13, 1998 Passed �Mr_l Ci c�T1J' CLERK 9g_120 O R D I R Title, Adopting "City of Bangor Donors' Bill of Rights and Responsibilities" as e Statement of the City policy Con- 'detnfrig'Ctieiff 3fe'Sd2lcfPdffdnA "' ............................ I . . . . . . . . gai In�QLG^,�nt�ya�� ..... J. L^'Yt..l.F^':T:.:...:........ Councilman MEMORANDUM February 18, 1998 TO: Bangor City Council FROM: Michael H. Alpert, Chairman Board of Ethics RE: Charitable Solicitations Over the past two months, the City's Board of Ethics has been conducting a general review of charitable fundraising activities conducted or sponsored in whole or part by the city Of Bangor. The Board has received information on a wide variety of activities and initiatives that provide substantial benefits to the City, its residents, and City programs. However, the Board's review has produced evidence that individuals and businesses solicited for donations to charitable causes that benefit the City of Bangor often lack complete information concerning the purpose of the solicitation and the exact relationship to the City of the individuals or organizations soliciting funds. In addition, the Board's review has produced evidence that some businesses, particularly businesses newly relocated in Bangor. may be subject to repetitive and conflicting solicitations on the City's behalf, due to the lack of any central coordination of the City's various fundraising activities. The Board's review also has generated testimony that, in some instances, individual Bangor residents and businesses who are the subject of direct solicitations by senior City officials, such as City Council members, may feel constrained to make donations out of concern that failure to do so could affect future relationships as a prospective vendor to the City, Or in other areas. Although n0 testimony presented to the Board suggests that any City decision has ever been affected by a prospective donor's donation or decision not to donate, the perception that an individual or business donation decision may affect the City's decision-making process on issues affecting that donor merits attention by the City Council. As a preliminary step to address concerns raised by the Board's review, the Board of Ethics has drafted and is recommending for adoption the attached "City of Bangor Donor's Bill of Rights and Responsibilities." The -list of donor rights is adopted from a similar list contained in a donor bill of rights drafted by the Council for Advancement and Support of Education, a national organization that provides assistance and technical support for institutional fundraising by colleges and universities. The list of correlative City responsibilities contained in the attached document has been drafted by the Board. The City responsibilities 10. Donors have the right to be assured of the integrity of City fundraising efforts that involve outside persons or organizations. Including joint fundraising projects. 98-120 The City will publish written guidelines for outside Persons and organizations that wish to raise funds on the City's behalf, including joint fundraising projects. The City will prohibit use of the City's name in connection with fundraising by any person or organization that does not adhere to the published guidelines. 98-120 to donate in response to a by City employees and a City solicitation will have officials with decision - any consequences adverse to making authority over matters their personal interests, of individual concern. Direct solicitation of individuals Or businesses by City Councilors, Hoard members, charter officials, and department heads on behalf of the City is discouraged. All solici- tations by the City will be conducted in a manner that minimizes any feeling or appearance of compulsion on the part of those solicited. Except for necessary receipts and financial records, the City will not create, publish or permanently maintain records of individual solicitations and donations. 7. Donors have the right to be The City will require that all informed whether those seeking persons soliciting donations donations are volunteers, on the City's behalf, or employees of the City or another jointly with other organization, or hired organizations, shall inform solicitors. each person or firm solicited of their status and relationship t0 the City or other organization concerned. 8. Donors have the right to be The City, through its City free from frequent or Manager, will coordinate repetitive solicitations by solicitations by the City the City. so as to avoid frequent or repetitive solicitations of any individual or business. 9. Donors have the right to All solicitations authorized receive prompt, truthful and by the City will have a forthright answers in response designated coordinator who to questions about City will be available at all Solicitations. reasonable times to answer written or telephone inquiries about particular fundraising efforts. 96-120 The City will require any person or organization with which it conducts joint fundraising efforts to produce and make annual financial statements available to the City and the general public. 3. Donors have the right to be The City will assure that assured that their gifts will no City employee or City be used for the purposes for official solicits gifts on which they are given. the City's behalf without prior authorization by the City Council or City Manager. The City, through its Finance Department, will institute Controls necessary to assure full account- ability of all donated funds, from the point of receipt through final expenditure. These controls will include, when appropriate, establishment and segregation of donated funds into separate trust accounts. 4. Donors have the right to The City will issue receive appropriate acknowledg- written receipts for all ment and recognition. donations at the point of receipt, and will provide appropriate documentation of gifts for IRS purposes. The City Council will provide for public recognition of gifts to the City in appropriate cases. S. Donors have the right to be The City will inform pro - informed of any limitations on spective donors in advance confidentiality with respect of any donation that records to their gift. of their donations may be subject to public dis- closure under Maine's Freedom of Access law. 6. Those solicited for donations The City will limit have the right to say no, personal solicitations of without concern that failure individuals or businesses 98-130 CITY OF BANGOR DONORS' BILL OF RIGHTS AND RESPONSIBILITIES no s Rights C Responsi]gility 1. Donors have the right to be informed of the purpose for which their donation is being solicited, and the specific program to which it will be applied. 2. Donors have the right to be informed of the identity of any Outside person O Organization that will be benefitted by their donations, or that will have custody or control of donated funds. The City will assure that all persons authorized to solicit funds on its behalf prepare written information describing the purpose of the solicitation and the partic- ular program(s) to be benefitted. Prior to any solicitation these written materials will be reviewed and approved by the City Manager or his designee, and will be made available to each person solicited for donations. The City will assure that donors will be informed whenever the City's fund- raising efforts are being conducted in conjunction with outside persons or organizations. Written materials to be distri- buted to prospective donors Will state whether donated funds are for the benefit of, or will be held or managed by, an outside person or organization. The City will decline to participate in joint fundraising efforts with any person or organization that does not establish appropriate financial controls for donated funds, or that does not provide for public accounting of its fundraising activities. portion of the attached document may require further implementation through appropriate amendments to the City's Code of Ethics (e.g_, items 3 and 6) and through drafting of written guidelines for outside organizations involved in jointly -sponsored solicitations (item 10)_ The Board would like an opportunity to present the proposed policy and to answer Council questions at a full Council workshop. Subject to the Council's further direction, the Board is available to assist in preparing proposed ordinance amendments and guidelines for outside organizations necessary to implement the proposed policy. Michael Alpert Board Chair Attachment