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
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Manager's Comments:. C�n\/I.0 Tw . vel g
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City cityn as
Associated InformatlOn: Order, Bill of Rights, Memo
Finance Director
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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
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By FL city(bywil of oft of Ba .-
ORDRRRD,
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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-
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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