[HISTORY: Adopted by the Town Council of the Town of Mansfield 3-23-1998,
effective 4-15-1998. Amendments noted where applicable.]
This chapter shall be known as the "Gifts and Donations Ordinance."
The purpose of this chapter is to outline the uniform procedures which
govern the donation to and receipt by the town of gifts of money or of value
from citizens, foundations, business concerns and others, both for specific
purposes and for general use by the town.
As used in this chapter, the following terms shall have the meanings
indicated:
Anything of value, unless consideration of equal value is received.
Contributions that include cash, checks or any items of value.
A.
The town shall accept no donation of more than $5,000
unless it has received the prior approval of the Town Council. Donations of
$5,000 or less may be made directly to the Director of Finance, who is authorized
to accept them without prior Town Council approval.
B.
Contributors of any sum to the town shall provide a letter
properly designating the purposes and conditions, if any, of the gift. Individuals
desiring anonymity shall state so in that letter. In that event, the town
will take care to preserve anonymity of the donor.
C.
The Director of Finance shall establish a special account
for the deposit of donations that the donor has designated for a specific
purpose. After a period not to exceed two years and/or the completion of the
specific purpose for which the funds have been donated, excess funds shall
be deposited in the General Fund, unless the town has accepted the gift under
different conditions.
A.
All proposed nonmonetary donations are to be brought
to the attention of the Town Manager. The Town Manager, at his discretion,
shall determine whether a nonmonetary donation requires the approval of the
Town Council. The Town Manager shall accept or refuse any nonmonetary donations
that are not referred to the Town Council. All nonmonetary donations that
are refused by the Town Manager are to be referred to the Town Council.
B.
The donor shall discuss the proposed gift with the Town
Manager if the gift is to be directed to a specific program, department or
system-wide use. Donors shall execute a document giving the town all rights
to the gift in its sole and absolute discretion and relinquish any future
claim to the gift.
A.
In considering whether to approve acceptance of nonmonetary
gifts, the Town Manager shall consider the following:
(1)
Whether the gift is appropriate for a public building
or facility.
(2)
Whether the gift will benefit the town and the community.
(3)
Whether there is space in a public facility to accommodate
the gift.
(4)
Whether there are maintenance or repair costs involved
and, if there are, how they will be funded.
(5)
Whether there are insurance costs associated with maintaining
the gift.
B.
The town will not evaluate gifts for tax purposes but
shall acknowledge the receipt of a gift for purposes of enabling the donor
to receive a tax deduction.
At the conclusion of each fiscal year, the Town Manager shall provide
to the Town Council a list of all gifts accepted by the town during the preceding
fiscal year.
The Town Manager is authorized to enter into and negotiate preliminary
proposals for the acquisition of open space, easements and rights-of-way,
provided that any final agreements are submitted to the Town Council for approval.
No conveyance of any kind shall be recorded until authorized by the Town Council.
A.
The Library Director is authorized to accept or reject
any nonmonetary gifts made to the Mansfield Library without the approval of
the Town Manager. The current library policy, adopted by the Library Advisory
Board regarding the donation of books, videotapes and other media resources,
states that the Library Director is responsible for determining which materials
are to be accepted for use in the town library. The Library Director is required
to provide the total number of donations received to the Town Manager in quarterly
reports.
B.
Monetary donations to the library of more than $5,000
shall not be accepted unless it has received the prior approval of the Town
Council. Donations of $5,000 or less may be made directly to the Mansfield
Library care of the Library Director, who is authorized to accept them without
prior Town Council approval.
C.
Contributors of any sum to the library shall provide
a letter properly designating the purposes and conditions, if any, of the
monetary donation. The Director of Finance shall deposit this donation in
the appropriate library line account as requested by the donor.
A.
The Director of the Department of Social Services is authorized to accept monetary donations of up to $5,000 to the town for donations received as a result of an appeal or solicitation for donations (i.e., special needs funds). Unsolicited donations of less than $5,000 made to the Wellness Center and Youth Services Bureau can be accepted by the Director. Any other unsolicited monetary donations of up to $5,000 made directly to the Social Services Department shall be accepted by the Director of Finance in accordance with § 27-4 of this chapter. The Town Council shall accept all monetary donations exceeding $5,000.
