CITY OF TEMPE DONATION POLICY. 3.26.26.DOCX
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1 City of Tempe Gift and Donation Acceptance Policy Effective Date: I. Purpose and Policy The purpose of this policy is to establish a process for the acceptance, evaluation, documentation and management of monetary and tangible donations/gifts made to the City. This includes the installation, long-term maintenance and operation of donated items to the City, which will enhance the quality of life for residents in Tempe. This policy provides guidance to departments and employees when a donor seeks to make donations or gifts to the City. This policy applies to all departments, divisions, and offices within the City that may receive donations from individuals, businesses, nonprofits, or other entities. This policy shall govern the acceptance of all donations unless a donation is received and approved in accordance with another specific City policy, resolution, or ordinance. In such cases, the terms of that specific policy, resolution, or ordinance shall apply. This policy does not apply to any grant or other form of assistance when, in order to receive such a grant or assistance, the City is required to provide matching funds and/or execute a contract or similar document committing the City to an expenditure of funds or a particular course of action. II. Definitions “Conflict of Interest” means a situation in which a public officer or employee of a public agency, or a relative of such an officer or employee has a Substantial Interest in any contract, sale, purchase, service, or decision involving the public agency, such that the officer or employee must disclose that interest in the official records of the agency and refrain from voting or participating in any way in the matter. See A.R.S. Sec.38-503. “Donation or Gift”: For the purposes of this policy, a donation or gift is any tangible or intangible asset, in whatever condition, the City is prepared to accept pursuant to this policy and any administrative guidelines created pursuant to this policy. “Donor” refers to an individual, business, charitable organization, or other legal entity making a donation to the City. “Designated Donation” means a donation provided for a specific purpose, project, or program, as stated in the Donation Form. “In-Kind Donation” means a non-monetary contribution such as goods, materials, professional services, or equipment. “Substantial Interest” means any nonspeculative pecuniary or proprietary interest, either direct or indirect, other than a remote interest. See A.R.S. Sec. 38-502. 2 “Undesignated Donation”: A donation made without restrictions, allowing the City to determine its use. III. Consistency with City Values Tempe welcomes small monetary and other in-kind donations from individuals, businesses, and charitable organizations in support of existing City programs, services, and initiatives that benefit the public. All donations must align with the City’s mission, values, and strategic priorities and must not create a real or perceived conflict of interest. IV. Guidelines/Standards for Accepting Donations Donations shall be accepted only if they have a valid use to the City. Donations intended to either become incorporated into City property, as well as donations of equipment, vehicles, services, or facilities intended to supplement those of the City, often involve consideration of aesthetics, costs, and compatibility whose features shall be evaluated using the following criteria: 1. The donation shall not be in conflict with any provisions of law and shall not be incompatible with the City’s goals. 2. The donation will not add additional costs or work upon the City unless it is deemed to provide a benefit to the City. 3. Acceptance of the donation does not place restrictions on the City unless agreed to by the City Manager or the City Council as appropriate. 4. All donations or gifts shall become the sole property of the City unless otherwise agreed to in writing by the City Manager or City Council as appropriate. Once made, all donations and gifts are final and irrevocable, and the City shall have no obligation to return a donation or gift. The City may relocate, remove, or dispose of a donation at any time, with or without notice to the donor. 5. Monetary donations will be deposited in the appropriate fund for the City department, service, program, activity, or event the donation was intended for, if any. Monetary donations that are not designated for a particular department, service, program, activity, or event shall be deposited into the General Fund. 6. The Department Head of the department that will be the beneficiary of a donation or gift, or the City Manager if no department is designated, must evaluate the donation or gift to determine whether: (a) The donation is in the City’s best interest and is consistent with applicable state and federal laws, ordinances, and policies; (b) There are any special restrictions, and if so, if those restrictions are acceptable to the City; (c) Acceptance of the donation creates a conflict of interest for the City; 3 (d) The donation will require the City to make any additional City expenditure and, if so, whether there are sufficient funds for the expenditure; (e) The donation creates a new, one-time, or on-going maintenance obligation for the City; or, (f) There is any other concern, real or perceived, that may result in the loss of reputation, appearance of impropriety, or other negative impact on the City from accepting the donation or gift. Although not required, the evaluation of the donation may include seeking public input if the decisionmaker determines that the input would aid in their decision. V. Authority to Approve Donations The Department Head of the department that will be the beneficiary of a donation or gift shall be authorized to accept or reject offers of donated money, equipment and in-kind donations to the City for any donation or gift that has a value of Two Thousand Five Hundred ($2,500.00) Dollars or less. The City Manager shall be authorized to accept or reject offers of donated money, equipment and in-kind donations to the City for any donation or gift that has a value of Fifteen Thousand ($15,000.00) Dollars or less. Donations with a value greater than Fifteen Thousand ($15,000.00) Dollars must be approved by the City Council. Despite the authorization levels contained herein, the City Council, Department Head, or City Manager may seek approval of the City Council for a donation of any amount. The monetary thresholds stated herein shall be based on the aggregate of all donations by each donor during a fiscal year. Donation amounts should not be split or divided for the purpose of avoiding the required approval levels. VI. Authority to Return Donations Notwithstanding any provision of this policy permitting acceptance of donations, the City Manager or City Council retains the discretion to decline or return any gift or donation if acceptance is determined not to be in the best interests of the City, or if acceptance could reasonably create the appearance of impropriety, undue influence, or conflict with the City’s ethical standards or public trust obligations. VII. Nominal Gifts or Donations This policy does not apply to nominal gifts or donations, defined as items or benefits with a value of one hundred dollars ($100) or less per occurrence, that are provided as a matter of courtesy or convenience and that do not reasonably create an actual or perceived conflict of interest. Examples of nominal gifts or donations include: Coffee, bottled water, or light refreshments provided during a meeting or site visit Inexpensive promotional items such as pens, notepads, or keychains with a company logo Low-cost snacks or pastries shared at a public event or training session Informational materials or brochures of nominal value 4 VIII.No Return Value For each donation accepted, the donor must acknowledge that they have not received any compensation, service or benefit in return for the donation unless explicitly stated and accepted in the Donation Form. This Section does not apply to nominal gifts or donations or donations of less than One Hundred ($100) Dollars. IX. Required Documentation All donations must include a completed Donation Form. The Donation Form should contain the donor’s information, the value of the donation, a description of the donation, any restrictions on the donation and the designation status. Each department receiving donations must maintain accurate records, including donor information, donation type, estimated value, purpose, and date received. A formal acknowledgment shall be provided to donors as allowed by law and consistent with IRS substantiation requirements. X. Ethical Standards All City employees must avoid any real or perceived conflict of interest when interacting with donors. No employee may solicit or accept donations that could influence or appear to influence an official decision or action. Gifts to individuals, employees, or elected officials are subject to applicable ethics laws and personnel rules and are not covered by this policy. XI. Annual Report Each department receiving donations shall submit an annual summary of all donations received during the fiscal year to the Financial Services Department within 45 days of the end of the fiscal year. The Financial Services Director shall compile a Citywide Donation Report that includes: A list of all donations received, categorized by department Donor names (unless the donor asked to remain anonymous) A description of the donations and their estimated values The purpose or program, if any, supported by the donation A brief description of any restrictions placed on the donations The Citywide Donation Report shall be provided to the City Council either through a memorandum or written report or at a regularly scheduled meeting or work study session. The annual reporting requirement does not apply to nominal gifts or donations of less than One Hundred ($100) Dollars. XII. Department Support and Interpretation Departments may consult with the Financial Services Department or the City Attorney’s Office for assistance with interpreting this policy, reviewing a donation for acceptance, reviewing donor-imposed conditions or legal compliance. 5 CITY OF TEMPE DONATION AND ACKNOWLEDGEMENT FORM SECTION 1: DONOR INFORMATION Donor Type (check one): ☐ Individual ☐ Business ☐ Charitable Organization Donor Name / Organization: ___________________________________________ Contact Person (if applicable): _________________________________________ Address: _________________________________ Phone Number: ___________________ Email Address: ____________________________________ ☐ I wish to remain anonymous in public records. SECTION 2: DONATION DETAILS Donation Amount: $ _______________ (must be less than $15,000) Payment Method: Check _______ ☐ Money Order ☐ Other: ____________________ Intended Use / Designated Purpose (if any): ______________________________________________________ __________________________________________________________________________________________ (Leave blank if undesignated) Date of Donation: _______________________ SECTION 3: TERMS & CONDITIONS By signing below, the donor acknowledges and agrees that: This donation is made voluntarily and without expectation of special consideration, influence, or return benefit. The City may use the donation as designated, or if undesignated, as it deems appropriate for public benefit. The City reserves the right to decline any donation that conflicts with its policies, mission, or legal obligations. Donor Signature: _____________________________________ Date: ______________ SECTION 4: CITY USE ONLY Receiving Department / Office: _________________________ Received By (Name & Title): ___________________________ Date Received: ____________________ 6 Donation Purpose Verified & Accepted: ☐ Yes ☐ No Approval Required (select one): ☐ Department-level (under $2,5,000) ☐ City Manager or Deputy City Manager (between $2,500 and $15,000) Approval Signature (if required): __________________________________ Title: _______________________________ Date: ___________________ SECTION 5: ACKNOWLEDGMENT ☐ Donor acknowledgment letter sent on: ____________________________ ☐ Donation logged in City records Attach copy of check/money order and any correspondence. 7 SAMPLE ACKNOWLEDGEMENT LETTERS PARKS AND RECREATION DONATION Dear [Donor Name], On behalf of the City of Tempe, please accept our sincere appreciation for your generous donation of ___________________________ in support of our park improvement initiatives. Your contribution helps ensure that our parks continue to be vibrant, accessible, and welcoming spaces for all members of our community. Please note that no goods, services, or promises were provided or made in exchange for this donation. This contribution is non-refundable, and the City may use the funds for the parks and recreation as it deems appropriate, unless specific restrictions were mutually agreed upon in writing. Your donation may be tax deductible, and we encourage you to consult your tax advisor to determine whether it is deductible based on your personal circumstances. Your gift will directly support enhancements such as upgraded recreational facilities, improved multi-use paths and trails, and expanded community green spaces. We are truly grateful for your commitment to the future of our parks and for investing in the well-being of the City of Tempe. Thank you again for your generosity. Sincerely, ____________________________ 8 NONDESIGNATED DONATION Dear [Donor Name], Thank you for your generous donation to the City of Tempe in the amount of _____________________. Your support strengthens our ability to deliver essential services and address the evolving needs of our community. Please note that no goods, services, or promises were provided or made in exchange for this donation. All contributions to the City are nonrefundable, and the City may use the funds as it deems appropriate unless specific restrictions were mutually agreed upon in writing. This donation may be tax deductible, and we encourage you to contact your tax advisor to determine whether it is deductible based on your personal circumstances. Donations provide vital flexibility, enabling the City of Tempe to support public safety initiatives, community programming, infrastructure improvements, and other citywide priorities that benefit all residents. Your generosity directly contributes to the continued well-being and resilience of our community. We truly appreciate your support and your commitment to the City of Tempe. Sincerely, ______________________________