Chapter 3.42
ACCEPTANCE OF DONATIONS
TO THE CITY
Sections:
3.42.040 Acceptance of donations in general – Donor’s desired use or conditions.
3.42.050 Acceptance of monetary donations.
3.42.060 Acceptance of nonmonetary donations.
3.42.070 Donations to the library.
3.42.080 Donations of art work.
3.42.010 Purpose.
The purpose of this chapter is to authorize the acceptance of donations for any public purpose, pursuant to RCW 35A.11.040, and to specify policies and procedures for doing so. (Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.020 Definitions.
“Department head” includes the head of any city department, or his or her designee.
“Donation” is defined as any monetary or nonmonetary gift, grant, devise or bequest to the city of Port Townsend. A monetary donation includes cash or a check, money order or other negotiable instrument. A nonmonetary donation includes real or personal property. In the event of a stock donation, since a government entity is not legally able to own stock, such a donation would be liquidated and turned into cash or another liquid asset, and treated as a monetary donation.
“City manager” means the city manager of the city of Port Townsend, or his or her designee. (Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.030 Funds – Accounting.
The city of Port Townsend finance department is responsible for providing for the deposit and financial administration of any donation to the city. If necessary, the finance department shall track the proposed use of any such donation and shall maintain separate records of accounts showing receipts and disbursements. The finance director may establish further rules and regulations for the accounting and administration of donations, consistent with this chapter, as deemed necessary by the director. (Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.040 Acceptance of donations in general – Donor’s desired use or conditions.
The city has the discretion to accept or decline any proposed donation, whether conditioned or not, subject to the provisions of this chapter. In the event a department head has reason to believe a donation could cause or result in an appearance of impropriety, the department head shall consult with the city attorney prior to accepting the donation. Conditioned donations shall be assigned to a project or existing fund consistent with the donor’s desired use, as long as such condition(s) do not conflict with city, state or federal law, in which case the city shall ask that the condition(s) be removed or decline the donation. (Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.050 Acceptance of monetary donations.
A. Donations Under $5,000. The city manager or all department heads are hereby authorized to accept any monetary donation of less than $5,000 on behalf of the city, and shall deposit such monies with the finance department.
B. Donations Greater than $5,000. Donations of any amount greater than $5,000 must first be approved by the city council, so that the city can evaluate any policy implications associated with the donation.
C. Conditioned Donations. In the event that a monetary donation is conditioned or donated for a special purpose, prior to acceptance, the city manager, department head or city council (depending on who is accepting the donation under subsections A and B of this section) should consider the long-term impacts of the donation, particularly where there could be significant future or ongoing operations and maintenance or capital costs associated with the donation.
D. Council Notification. Staff should notify council of all accepted donations so that the donor’s generosity can be officially acknowledged by council. (Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.060 Acceptance of nonmonetary donations.
A. Donations of Personal Property Valued at $5.00 to $5,000. All donations of personal property with a current value greater than $5.00 and less than $5,000 may be accepted by any department director or the city manager, except as follows. In the event of a donation of personal property which could require future maintenance or repair (e.g., office equipment), the department director should first assess all related future costs and submit the assessment of expenses to the city manager for approval prior to acceptance of the donation. In addition, if a conditioned donation could have long-term impacts, such as significant operations and maintenance or capital costs, the department head or city manager shall consult with the city council prior to accepting the donation.
B. Donation of Personal Property Valued at Over $5,000. All donations of personal property with a current value of $5,000 or more must first be approved by the city council (or in the event of library donations, the library board). If the personal property could require future maintenance or repair, the department director should first assess all related future costs and submit the assessment of expenses to the city council. For conditioned donations, the department director should also provide the city council with an assessment of long-term impacts, such as significant operations and maintenance or capital costs.
C. Donations of Real Property. All donations of real property, whether conditioned or unconditioned, must first be approved by the city council by resolution. (Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.070 Donations to the library.
Notwithstanding any other provision of this chapter, all donations over $5,000 to the library from the Port Townsend Friends of the Library or the Port Townsend Public Library Foundation or their successors, including gifts of money and property, may be accepted by the city manager, in consultation with the city library director. (Ord. 3305 § 1 (Exh. A), 2023; Ord. 2873 § 1, 2004; Ord. 2652 § 1, 1998).
3.42.080 Donations of art work.
Notwithstanding any other provision of this chapter, determination whether to accept art work proposed for donation to the city for permanent or long-term (exceeding one year) public display shall be made by the city council. See PTMC 3.50.060, Public arts projects – City council approval. (Ord. 2873 § 1, 2004).