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15 Staff Report - Solicitation and Donation PolicytoNN o,MEETING DATE: 4/21/08 ITEM NO. tosaSOS COUNCIL AGENDA REPORT DATE: MARCH 7, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION ESTABLISHING A SOLICITATION AND DONATION POLICY RECOMMENDATION: It is recommended that Council adopt the attached resolution establishing a Solicitation and Donation Policy (Attachment 1). BACKGROUND: On September 17, 2007 the Council Policy Committee presented a draft Solicitation and Donation policy for Council consideration. This action was in response to Council direction to the committee to address the solicitation of goods, services, and contributions by Town officials and the acceptance and recognition of donations. Given the number of policy issues raised during the solicitation and donation discussion, Council directed staff to schedule a Study Session to further explore alternative policy approaches. A Council Study Session was held on October 1, 2007. DISCI JSSION. At the October 1, 2007 Council Study Session, Council explored alternative policy approaches and narrowed its discussion to the following key policy issues: ■ Appropriateness of Direct Solicitation by Appointed Officials ■ Continuation of Direct Solicitation Activities to Support Music in the Park ■ Donor Recognition and Naming of Town Facilities Council directed staff to revise the Solicitation Guidelines section of the policy to allow targeted solicitation by Town officials, if prior approval. was given by the Council. Council indicated that PREPARED BY: JI:>\:i?rYtHARYAMA A~ministrative Programs Manager N:\MGR\JHaruyama\Staff Reports\Donation and Soliciation 42008 Report.rtf Reviewed by: Assistant Town Manager % Town Attorney Clerk Administer Finance Community Development Revised: 03/28/2008 12:46 PM Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION ESTABLISHING A SOLICITATION AND DONATION POLICY April 7, 2008 elected and appointed officials with decision making authority, such as the Town Council and Planning Commission should not engage in targeted solicitation activities. To reflect this direction, the language was amended to read: "Unless prior approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf of the Town. " This suggested language requires prior authorization by the Council in order for an elected or appointed official, advisory body, or employee to actively solicit goods, services, or other contributions for Town programs, projects, and services. Consensus was reached by the Council to authorize the Arts Commission to continue its targeted solicitation efforts to raise funds for the Music in the Park (MIP) program. This direction is reflected in the attached resolution. Council also directed staff to revise the Donor Recognition Guidelines section of the policy and allow for the naming of Town facilities after an individual, group, organization, or business under special circumstances. Examples of special circumstances as discussed by Council include naming facilities after donors who have a historical connection to the location, or those who have made significant contributions to the community over a period of time. To reflect this direction, the language was amended to read: "Unless compelled by special circumstances and approved by 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. " This suggested language requires Council to adopt a resolution in the event Council identifies a special circumstance which warrants the naming of a Town facility after an individual, group, organization, or business. Otherwise, naming of Town facilities after donors is not permitted. Council may wish to explore policy language that further clarifies the meaning of "special circumstances." An option for Council consideration is to modify the policy language to read: "Unless compelled by special circumstances and approved by Town Council via resolution, Town ,facilities shall not he named after an individual, group, organization, or business as a result of any donated good, service, or other contribution to the Town. A special circumstance may include, but is not limited to, naming a facility after a donor who has historical significance in Los Gatos or a donor who has made significant contributions to the community over a period of time. " Policy Implementation and Next Steps Implementation of the proposed policy would affect the way in which the Town currently solicits for goods and services. Town officials would be prohibited from directly soliciting individuals, businesses, and foundations, including non-profit organizations such as the Friends of the Library and Los Gatos/Monte Sereno Police Foundation. However, if Council adopts the attached PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION ESTABLISHING A SOLICITATION AND DONATION POLICY April 7, 2008 resolution, an exception would be made for the Arts Commission as directed by the Council. The Commission would be authorized by the Council to engage in targeted solicitation activities for the purpose of receiving goods, services, or contributions for the Music in the Park (MIP) program. Upon approval of the proposed policy, the Town Manager would work through staff to advise all boards and commissions, and employees and non-profit organizations about new solicitation, outreach, and donation acceptance and recognition guidelines. Adoption of the proposed policy will also require staff in collaboration with residents, businesses, and other community organizations to develop a list of recommended Town needs. It is anticipated that the list of Town needs would be brought forward to Council as part of the budget discussion in May 2008. Concurrent to this process, staff would develop a marketing work plan to ensure that donation opportunities are communicated broadly to the community. Given that the Town's service needs may change over time, Council would have the discretion to modify the donation list as necessary. CONCLUSION: It is recommended that Council adopt the attached resolution establishing a Solicitation and Donation policy. Council may wish to consider incorporating the proposed policy language on page 2 of this report to further clarify the meaning of "special circumstances." FISCAL IMPACT: As previously noted, implementation of the proposed policy would affect the way in which the Town currently solicits for goods and services. Unless authorized by the Council, Town officials, including employees would be prohibited from directly soliciting goods, services, and contributions to offset expenses for various Town programs and services. Staff has tested the proposed policy approach against its current practice of direct solicitation and anticipates that through education and awareness, department service goals will continue to be met. Attachments: Resolution Establishing a Solicitation and Donation Policy Distribution: Executive Team Town Commissions, Committees, and Boards Friends of the Library Los Gatos/Monte Sereno Police Foundation RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A SOLICITATION AND DONATION POLICY WHEREAS, in November 2005, Council directed the Council Policy Commmittee to develop a policy work plan to address Town solicitation and donation practices; and WHEREAS, in September 2007, the Council Policy Committee presented Council with a draft Solicitation and Donation Policy outlining guidelines for the solicitation of goods, services, and contributions to support Town services, the acceptance of donations, and recognition of donors; and WHEREAS, a Council Study Session was held in October 2007 to further explore policy issues and alternative approaches; and WHEREAS, a revised Solicitation and Donation Policy was presented to Council on April 7, 2008, reflecting guidelines for solicitation and donation activities; and WHEREAS, upon approval of the Solicitation and Donation policy, the Arts Commission is authorized to engage in targeted solicitation activities for the purpose of receiving goods, services, or contributions for the Music in the Park (MIP) program. THEREFORE, BE IT RESOLVED, the Los Gatos Town Council does hereby establish a Solicitation and Donation Policy as reflected in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of 2008 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DRAFT SOLICITATION AND DONATION POLICY POLICY 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: ■ 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. N:\MGR\JHaruyama\Projects\Council Policy Committee\sponsorship\Final Council Report & Policy\SOLICITATION AND DONATION POLICY FINAL REVISED 2-I2.doc - I - 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. 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 The Town Council shall consider and accept or reject all major donations that have a market value greater than $25,000. 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. N:\MGRUHaruyama\Projects\Council Policy Coimnittee\sponsorship\Final Council Report & Policy\SOLICITATION AND DONATION POLICY FINAL REVISED 2-12.doc -2- 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. 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 _ 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 [his/her/its] donation to [identify facility] in the name of _ ■ Or language acceptable to the Town Council. [and for 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. N:\MGR\JHaruyama\Projects\Council Policy Connnittee\sponsorshiffinal Council Report & Policy\SOLICITATION AND DONATION POLICY FINAL REVISED 2-12.doc -3-