Attachment 4 - 2-17 Solicitation and Donation Policy (redline)
COUNCIL POLICY MANUAL
Title: Solicitation and Donation Policy
Policy Number: 2-17
Effective Date: 10/6/15
Pages: 4
Enabling Actions: Revised Date: 8-1-23
Approved:
ATTACHMENT 4
Small Town Service Community Stewardship Future Focus
PURPOSE The purpose of this policy is to effect Town donations and solicitations in a manner that complies with
both the letter and spirit of California ethics laws and, within that that framework, to expand the potential
for community donations by establishing a mechanism by which individuals and organizations may be
more readily advised of donation opportunities.
SOLICITATION GUIDELINES
Targeted Solicitation
Targeted solicitation is defined as the direct petition or contact of specific individuals, companies,
foundations or other entities initiated by the Town Council and other elected officials, Council advisory
bodies, and Town employees herein called “Town Officials” for the purpose of receiving goods, services,
or other contributions for the Town. Targeted solicitation excludes the direct petition for government,
private, or non-profit grants for Council-approved programs, projects, and services. Unless prior approval
has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf
of the Town.
BROAD OUTREACH GUIDELINES
Broad Outreach
Broad outreach is defined as the process of informing a broad spectrum of individuals, companies,
foundations, non-profit organizations, or other entities of donation opportunities through various
communication vehicles, including but not limited to written, electronic, or internet-related publications,
flyers, brochures, news releases, and television or radio announcements. Broad outreach is permitted by
the Town Manager or designee subject to the guidelines provided in this policy.
The following broad outreach guidelines apply when communicating a Town need for goods, services, or
other contributions:
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Policy Number: 2-17
Broad outreach must relate to a Town Council-approved purpose, service, project, or program.
Broad outreach for goods, services, or other contributions should be made by using a variety of
communication methodologies to ensure outreach to the entire community.
Donations shall not be made under the guise, pretense, or presumption of receiving official Town
endorsement or approval of the donating party, product, project, or activity.
PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS
The Council shall direct the Town Manager to develop a list of recommended Town needs for donation
opportunities, including but not limited to items related to the Town Council’s Strategic Priorities, Town
programs, and/or capital project needs. Council consideration and approval of the list of Town needs may
occur as part of the annual operating and capital budget development process and can be amended by
Council at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered by individuals, companies, foundations, non-profit
organizations, or other entities will be considered for acceptance or rejection, including items offered for
donation that are identified on a Council approved list of needs. The acceptance of all donations to the
Town will be based on the following guidelines.
Purpose of the donation.
Community or municipal need for the donation.
Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other
applicable laws.
Timeliness of the donation as it relates to implementation.
Level of benefit and financial impact to the Town.
All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure
consistency with established policy guidelines.
AUTHORITY TO ACCEPT DONATIONS
The authority to accept all donations is based on the market value of the donation as reasonably
determined.
Donations $25,000 and Under
The Town Manager or designee is authorized to accept or reject all minor donations that have a market
value equal to or less than $25,000.
Donations over $25,000
Title: Solicitation and Donation Policy
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Policy Number: 2-17
The Town Council shall consider and accept or reject all major donations that have a market value greater
than $25,000.
Ongoing Annual Donations from 501(c)(3) Organizations dedicated to supporting specific Town
Departments in Offering Community Services:
Potential uses for donation funds will be discussed and agreed upon with the respective non-
profit bodies, in accordance with the Council approved Solicitation and Donation Policy.
Funds donated will be placed into accounts as designated by the Finance Director.
• The departments may expend donated funds once received and deposited into the appropriate
account only for items identified on the Council approved Town of Los Gatos Donation
Opportunities List of Town Needs, which is approved annually with the Town’s operating
budget.
At the end of each fiscal year, a written listing of items purchased from these accounts, in
accordance with the Donation Policy, shall be provided to the Town Manager and Town Council.
PROCEDURES FOR ACCEPTING MAJOR DONATIONS
For all major donations, a staff report, containing analysis based on the donation acceptance guidelines
established in this policy, will be written to guide the Council when considering major donations. The
report will also provide donation recognition alternatives for Council consideration should the donation
be accepted. The Council will determine on a case by case basis if the donation should be accepted or
rejected.
DONOR RECOGNITION GUIDELINES
Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be
implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws, regulations,
and policies. Recognition of donations will be determined by the Council or Town Manager and shall be
consistent with acceptance requirements of this policy and the guidelines set forth below:
Donations accepted by the Town may be acknowledged through one or more of the forms of recognition
as indicated below. Other forms of recognition may be approved by the Town Council via resolution if
compelled by special circumstances which shall be specified in the resolution.
Written and/or verbal recognition.
Public recognition at Town Council meetings.
Inclusion in Town public communication materials, such as electronic media and selected
publications.
Plaques.
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Policy Number: 2-17
Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and
organizations according to the following standards:
Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes, but
is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset.
Plaques shall include the name(s) of the person(s) being recognized and applicable date, with standard
wording limited to:
The Town of Los Gatos recognizes and appreciates ________________ [and his/her family] for
[his/her/their] donation to [identify facility].
The Town of Los Gatos recognizes and appreciates ________________ [business or organization]
for its donation to [identify facility].
The Town of Los Gatos recognizes and appreciates ________________ for [his/her/its] donation
to [identify facility] in the name of _________________.
Or language acceptable to the Town Council.
The size of the plaque shall not exceed 8”x10,” unless the number of donors exceeds the allowable space.
For multiple donors, the names of the donors should be proportioned thereto, and the size of the plaque
shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be consistent
with acceptance requirements of this policy or by Council on a case by case basis should special
circumstances exist, which shall be specified in a resolution. Unless compelled by special circumstances
and approved by the Town Council via resolution, Town facilities shall not be named after an individual,
group, organization or business as a result of any donated good, service, or other contribution to the
Town.
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney