2008-046-Establishing A Solicitation And Donation PolicyRESOLUTION 2008-046
RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A
SOLICITATION AND DONATION POLICY
WHEREAS, in November 2005, Council directed the Council Policy Committee 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
Apri17, 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 21st day of April, 2008 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman
NAYS; Mayor Barbara Spector
ABSENT:
ABSTAIN:
', Gl~..t
,h
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~.
LE OF THE TOWN OF LOS GATOS
L 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.
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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, ar other contributions offered by individuals, companies,
foundations, non-profit organizations, or other entities will be considered far acceptance
ar 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 fihe donation as
reasonably determined.
Donations $25,.000 and Under
The Town Manager ar 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.
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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, regulatigns, 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] far [his/her/their] donation to .[identify facility].
^ The Town of Los Gatos recognizes and appreciates
[business or organization] for its donation to [identify facility].
[and
^ 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, organfzation or business
as a result of any donated good, service, or other contribution to the Town.
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