Loading...
HomeMy WebLinkAbout2015 05-26 City Council Workshop PacketPPLLEEAASSEE NNOOTTEE SSTTAARRTT TTIIMMEE IISS 66::0000PPMM AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Tuesday, May 26, 2015 City Hall, Council Chambers A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Solicitation Policy Discussion F. ADJOURNMENT THIS PAGE IS INTENTIONALLY LEFT BLANK E1 AMENDED MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager H. Alan Kantrud, City Attorney DATE: May 26, 2015 SUBJECT: Solicitation Policy Discussion Introduction and Background The City of Maplewood, as all cities can, and Maplewood does, authorize the acceptance of gifts to the City pursuant to State Law. However the City does not specifically authorize, and thus does not have a policy regarding, the solicitation of gifts. This memorandum and its attachments attempt to provide, for discussion and consideration, a policy for the City to go beyond the mere acceptance of gifts and to authorize, pursuant to a defined policy, the solicitation of gifts and contributions to the City for defined purposes and with clear intent. In this environment of increasing private investment, combined with the power of cities to harness greater members of the public to advance common goals and initiatives, the City would like to articulate a policy for, and ability to, solicit funds for programs and initiatives beyond the confines of the City’s general fund. The ability to seek solicitations, on behalf of the City, is therefore intended to advance identified public purposes and create stronger ties to the community while still staying within the confines of the Statutory laws of the State. Discussion The City has the ability to accept gifts and contributions pursuant to state law. Minnesota Statutes section 465.03 authorizes the acceptance of gifts and contributions to governmental entities and puts various procedural requirements on their acceptance. While not specifically authorized, the ability to solicit those gifts and contributions are implied. That being said, the City wishes to have a policy regarding the solicitation of gifts in an organized and regulated manner and staff provides this memorandum and attachments to begin that discussion. Pursuant to that discussion, the attached Resolution is provided as a proposed policy. (Attachment A). Staff was most concerned with the concept of conflict of interest and the spectre of undue influence. This is a real concern to staff as the concept of ‘solicitation of funds’ may suggest to the public that the City may be putting itself into an untenable position with entities that are approached. Workshop Packet Page Number 1 of 23 E1 The Policy recommended attempts to address those issues. This Policy is intended to encourage and allow the City (specifically certain members thereof) to approach potential donors with the clear intention that, as emissaries of the City, they seek to solicit and collect funds for clearly identified and publicly beneficial projects or programs that otherwise may be available to support, but are not readily apparent to those potential donors. The distinction of the Department Heads are called out due to their unique and critically important roles for the City. Those department heads represent the core of the City’s mission and in staff’s opinion deserve to also be included in those limited number of individuals beyond the elected officials who will be able to encourage civic giving. This respects the commitment that the City makes to Public Safety and Governance and would thereby allow those individuals to solicit as if they were elected officials. Departments themselves can, and are encouraged to, engage civic entities/businesses but only through their Department Heads and only with clear authority from the City Manager and will be subject to the same policy; no direct solicitation by staff is allowed in this Policy. A further distinction is made with respect to businesses and entities that wish to support civic functions and activities regardless of their status, assuming they are not currently, actively, seeking approval of the Council for any reason. Staff supports this, as it allows current license- holders and other city-regulated businesses to participate in civic events, celebrations and initiatives, through their direct participation without running afoul of this policy. Nothing in this policy is intended to discourage or otherwise limit participation in the way the City has conducted those activities historically and the policy is intended to reflect that. Staff has considered the conflict of interest as it relates to the concept of allowing public safety officials also being solicitors of funds and has determined that with adoption of the policy, this concern is addressed. Two examples of the manner in which this policy has been handled are provided herewith to give Council perspective on the issue. These are provided for perspective, and the staff is confident that the proposed policy is consistent with the concerns articulated in the materials. The theme in each is consistent: prevent undue influence; but allow the reasonable opportunity to reach out to those entities that would likely support civic needs, initiatives and programs that better the community. The Atlanta policy (attachment B) is very succinct and merely provides guidance; the Missouri policy (attachment C) is in keeping with the theme presented here, but goes into greater detail and parses value and types of donations. These are complimentary yet contrasting positions. The one you are considering takes a middle-ground approach and leaves some of the detail to staff to handle without categorizing based on value. Several national organizations have been consulted on this topic through the thoughtful comments of the Minneapolis City Attorney who was consulted on this matter and who graciously advised staff this on this issue. Their input has been considered in the Policy. Staff supports this Policy not as a general fund revenue enhancement mechanism but as a way to allow targeted giving and the opportunity for those that can give, to give, and to reinvest in Workship Packet Page Number 2 of 23 E1 programs they can support and want to support. Many supporters exist, and want to do what they can, and this policy will give cover for the City to seek them out, identify the programs that they can support, and allow the City to garner it. Recommendation Staff asks that the Council approve this conceptual policy of solicitation with any amendments and modifications and to further direct staff to bring the policy back for consideration and adoption at a regular meeting for approval. Attachments 1) Solicitation Policy 2) Atlanta Ethics Policy 3) Wentzville City Ordinance Workshop Packet Page Number 3 of 23 RESOLUTION Of Maplewood City Council:By ESTABLISHING GUIDELINES FOR THE SOLICITATION AND ACCEPTANCE OF GIFTS ON BEHALF OF THE CITY. WHEREAS, Section 465.03 of Minnesota Statutes states: “Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full .” and WHEREAS, the statute requires the City Council to formally accept a gift of cash or tangible property before it may be accepted, expended, and or used by a city department, board, commission, official, or employee; and WHEREAS, the City Manager and City Attorney were charged to analyze solicitation practices and recommend options; and WHEREAS, the City Manager and City Attorney now recommend this policy to permit solicitation for city purposes if pre-approved by the City Council or conducted pursuant to a City Council approved solicitation policy; and WHEREAS, gifts to the City are beneficial because they promote or assist public programs and projects and reduce the need for expenditure of public funds; and WHEREAS, despite the public benefits, gifts solicited or offered to the City must be scrutinized to assure that they do not raise conflict of interest problems, special treatment concerns, or other ethical issues and; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the attached Exhibit A as the City’s policy for the solicitation and receipt of gifts to the City; and E1, Attachment 1 Workship Packet Page Number 4 of 23 BE IT FURTHER RESOLVED that this Resolution shall take effect on July 1, 2015; and BE IT FINALLY RESOLVED that the City Clerk is directed to transmit certified copies of this Resolution to every elected or appointed local official andother department head. E1, Attachment 1 Workshop Packet Page Number 5 of 23 EXHIBIT A POLICY ON SOLICITATION AND ACCEPTANCE OF GIFTS ON BEHALF OF THE CITY FOR CITY PURPOSES Part 1. SOLICITATION OF GIFTS ON BEHALF OF THE CITY FOR CITY PURPOSES a. General Conditions 1. A Council Member, or appointed local official or employee shall not solicit any gift to the City under circumstances that in fact or in appearance: (a) Rewards, influences, or tends to impair the judgment of any elected local official, or appointed local official or employee in the performance of the official's or employee's official duties; or (b) Provides special consideration, treatment, advantage, privilege, or exemption for, or coerces, a potential donor. 2. OfficialEmployees with enforcement powers, such as inspectors, regulators, police and prosecutors, excluding the Chief of Police and Fire Chief and Department Heads, should not solicit gifts from any source; 3. OfficialEmployees with direct discretionary authority over any permit or application should not solicit gifts from any source. 4. No gift from an anonymous donor shall be solicited under any circumstance. Unsolicited anonymous gifts may be accepted pursuant to Minn. Stat. 456.03the Gifts to the City Policy. 5. No gift shall be solicited from a lobbyist or principal as defined in Minnesota Statutes, section 10A.01 Subd. 21 and 33. and the Minneapolis Ethics in Government Code, Chapter 15. 6. No gift shall be solicited from an interested person. For purposes of this Policy, interested person shall have the meaning given by Minnesota Statutes, section 471.895 Subd. 1(c) and the Minneapolis Ethics in Government Code supplemented by the following: (a) Current City vendors and contractors; (b) Vendors, contractors, entities or individuals who have had E1, Attachment 1 Workship Packet Page Number 6 of 23 contracts or submitted proposals or bids within the last 12 months; (c) Vendors, contractors, entities or individuals reasonably anticipated to have business with the Ccity within the next 3 months. (d) Persons or entities actively promoting or opposing active, pending, Ccity legislation. (e) Persons or entities with matters pending before thea Ccity Council, or one of its Ddepartments, Bboards or Ccommissions. (f) This section shall not apply to the solicitation of support, gifts, prizes or discounted services obtained from vendors, licensees or businesses in furtherance of any civic celebration or initiative for which the Council accepts pursuant to State Law and for which no requirements of use or expenditure is attached, implied or required and otherwise complies with the limitations imposed generally to gifts in this section. 7. No gift shall be solicited if its intended use is inconsistent with or otherwise seeks to circumvent laws, regulations or policies of the City, County or State. 8. No gift shall be solicited if such gift reasonably may be viewed as funding for political activities. 9. No gift shall be solicited that will impose an onerous requirement for its acceptance, maintenance, or eventual disposition by the city, including but not limited to the approval of land-use, development or redevelopment projects unless such gift is intended to enhance public spaces associated therewith. 10. Requests to the general public, rather than selected individuals or businesses, are recommended to be made in writing and contain a statement that government action regarding the donor will not be affected by whether or not a contribution is made. ? b. Solicitation by Departments, Boards, Commissions and Advisory Committees or their designee 1. When a department desires to solicit gifts, the head of the department shall submit a completed Request to Solicit Gifts form (Form A) to the City ManagerCoordinator with a copy to the Ethics E1, Attachment 1 Workshop Packet Page Number 7 of 23 Officer. The department shall not engage in any solicitation effort until the Request to Solicit Gifts form (Form A) is approved by the City ManagerCoordinator. Once approved or denied, the Request to Solicit Gifts form (Form A) shall be filed by the City ManagerCoordinator with the City Clerk with a copy to the department. All gifts received pursuant to the approved solicitation may be accepted pursuant to the Gifts to the City Policy and approved by the City Council pursuant to Minn. Stat. 465.03. 2. When a board, commission or advisory committee, or designated employee desires to solicit gifts, the head of the board, commission or advisory committee shall submit a completed Request to Solicit Gifts form (Form A) to its assigned department for approval by the department head. If the department head approves the proposed solicitation, the department head shall submit Request to Solicit Gifts form (Form A) to the City Coordinator with a copy to the Ethics Officer. The board, commission or advisory committee shall not engage in any solicitation effort until the Request to Solicit Gifts form (Form A) is approved by the City Coordinator. Once approved or denied, the Request to Solicit Gifts form (Form A) shall be filed by the City Coordinator with the City Clerk with a copy to the department. All gifts received pursuant to the approved solicitation may be accepted pursuant to the Gifts to the City Policy. 3. When a department desires to solicit gifts valued at more than $2015,000.00 such solicitation must not occur until a resolution, approving the solicitation and naming the Department Head as designee of the City Council, has been approved by a two-thirds vote of the City Council. 34. All appointed local officials and employees soliciting gifts for the City shall submit a Quarterly Solicitation Report (Form B) to the City Clerk with copies to the City ManagerCoordinator and the Ethics Officer.. Quarterly Solicitation Reports are due 10 calendar days after the end of the quarter. c. Solicitation by Elected Local Officials. 1. Solicitations by the Mayor or designee or an individual City Council member or designee of an individual City Council member or the City Council as a whole or designee of the City Council shall comply with General Conditions, Part 1(a). 2. All elected officials or their designees soliciting gifts for the City shall submit a Quarterly Solicitation Report (Form B) to the City Clerk with copies to the City ManagerCoordinator and the Ethics Officer. Quarterly Solicitation Reports are due 10 calendar days E1, Attachment 1 Workship Packet Page Number 8 of 23 after the end of the quarter. d. Application. These provisions shall apply except where more restrictive statutes, ordinances, rules, or administrative policies are in effect. Part 2. ACCEPTANCE OR REJECTION OF GIFTS TO THE CITY a. General requirements 1. Restrictions on acceptance. An elected local official or , appointed local official or employee shall not accept or receive any gift to the city under circumstances that in fact or in appearance: (a) Rewards, influences, or tends to impair the judgment of any elected local official, appointed local official or employee in the performance of the official's or employee's official duties; or (b) Provides special consideration, treatment, advantage, privilege, or exemption for or coerces a potential donor. (c) Is unrelated to the responsibilities and authorized functions of City government. (d) Is made by a donor who has made contributions to the City on such a frequent basis as to create an appearance of impropriety. No donor shall make contributions that nonetheless adhere to this policy that exceed 3 contributions in a calendar year. Consideration of these requirements will be presented to the entire City Council by the City Manager with their recommendations and acceptance shall include a finding that none of the circumstances above exist and pursuant to Minn. Stat. 465.03. 2. Notification of prospective donor. Upon notification ofaccepting a prospective gift, an elected local official, or appointed local official or employee shall immediately notify the prospective donor in writing that the gift is subject to acceptance by the City Council;, that the gift will not result in any favored treatment for the donor in pending or future procurement decisions; and that a gift will not state or imply the endorsement of the City of any product, service or entity,; except that this requirement shall not apply if the donor is anonymous and the anonymous gift is permitted to be accepted under this Policy. (See sample Donor Notification Letter – Form C) E1, Attachment 1 Workshop Packet Page Number 9 of 23 3. Endorsement prohibited. Acceptance of a gift must not state or imply the endorsement of the City of any product, service or entity. 4. Return of Rejected Gifts Not Approved. No gift shall beIf a gift is taken into custody by a City employee, local official or elected official ifbut athe resolution to accept the gift is not adopted by a two-thirds vote of the City Council, the gift shall be returned to the prospective donor,. pursuant to Minn.Stat. 465.03. 5. Use of Gift. Use of a gift must be accounted for through record keeping and is subject to the restriction in this Policy. The City Clerk shall ensure that gifts and contributions to the City are utilized pursuant to any legal restrictions imposed by donor and shall report to the City Council annually as to their disposition. b. Acceptance of Gifts Acceptance by Council of gifts to the City shall be pursuant to the Gifts to the City Policy, using the Gift Acceptance Form (Form D). E1, Attachment 1 Workship Packet Page Number 10 of 23 REQUEST TO SOLICIT (FORM A) Project for which gifts will be solicited:________________________________________ Background information on project: _________________________________________ ______________________________________________________________________ Amount of money to be raised:_____________________________________________ In-kind donations sought:__________________________________________________ ______________________________________________________________________ How the gifts will be used to aid or facilitate the project or otherwise carry out the department’s responsibilities, functions or activities: ____________________________ ______________________________________________________________________ ______________________________________________________________________ Staff conducting the solicitations:___________________________________________ Entities or persons sought to be solicited and status of entity: Entity or Person . Lobbyist Lobbyist Principal Interested Person Other Pending City Business Submitted by:____________________________ Date:_________________ Department Head City Coordinator Use Only ___Approved through _______________________ Date ___Denied City Coordinator to file original with City Clerk, Copy to Department E1, Attachment 1 Workshop Packet Page Number 11 of 23 QUARTERLY SOLICITATION REPORT (FORM B) Report submitted for Quarter ending 3/31, 6/30, 9/30, 12/31 (circle one) Entity or Person Item Solicited Date Solicited Solicited ______________ ______________________________ ___________ ______________ ______________________________ ___________ ______________ ______________________________ ___________ ______________ ______________________________ ___________ ______________ ______________________________ ___________ ______________ ______________________________ ___________ ______________ ______________________________ ___________ Submitted by: _____________________________________________________ Name Position Dept File original with City Clerk, Copies to City Coordinator & Ethics Officer E1, Attachment 1 Workship Packet Page Number 12 of 23 DONOR LETTER (FORM C) [Date] [Donor Name] Donor Address] [City, State ZIP] Re: [Gift of __________________] Dear [Donor Name], On behalf of the City of Minneapolis, I would like to thank you for your generous proposed donation of [$_______ or describe goods] to the City [If gift comes with any restrictions, they should be listed here. For example: on the following conditions: ___________]. Your proposed donation is subject to acceptance by the City Council. Minnesota state law requires that all gifts to municipalities be presented by resolution to and approved by a two-thirds vote of the City Council. Acceptance of your donation does not state or imply the endorsement of the City of any product, service or entity connected to you and acceptance will not result in any favored treatment for you in pending or future procurement or other City governmental decisions. Your donation will be submitted for approval at the [Month, date, year] City Council meeting. Very truly yours, Department Head or designee E1, Attachment 1 Workshop Packet Page Number 13 of 23 GIFT ACCEPTANCE FORM (FORM D) TO: Finance Officer 300M, City Hall FROM: ____________________ Department Description of gift (including value of gift, date received and special conditions related to acceptance of gift, if any) _______________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Name & address of entity or person making gift: ___________________________________________________________________________ Status of entity or person making gift: Principal: Yes___ No___ Principal lobbyist: Yes___ No___ City Vendor: Yes___ No___ Other interested person: Yes___ No___ If yes to any of the above, please provide further information about give r’s status: ___________________________________________________________________________ Certifications (please initial): ____ The gift will be used by the department to fulfill an authorized function or duty; ____Any gift is consistent with the department's plans for its programs and projects; ____The gift is directly related to, and will be expended solely for, a discrete program and/or purpose; and ____The gift is consistent with the Policy on Solicitation and Acceptance of Gifts on Behalf of the City for City Purposes. Funding strings for revenue and expense appropriation increases: Revenue:____________________________________________________________ Expense:____________________________________________________________ Form Prepared by: ____________________________________________________ Name Position E1, Attachment 1 Workship Packet Page Number 14 of 23 E1, Attachment 2 Workshop Packet Page Number 15 of 23 E1, Attachment 2 Workship Packet Page Number 16 of 23 E1, Attachment 3 Workshop Packet Page Number 17 of 23 E1, Attachment 3 Workship Packet Page Number 18 of 23 E1, Attachment 3 Workshop Packet Page Number 19 of 23 E1, Attachment 3 Workship Packet Page Number 20 of 23 E1, Attachment 3 Workshop Packet Page Number 21 of 23 E1, Attachment 3 Workship Packet Page Number 22 of 23 E1, Attachment 3 Workshop Packet Page Number 23 of 23